HB 5207 full text · Session Watch

1 A bill to be entitled

2 An act relating to the Department of Management

3 Services; amending s. 110.12315, F.S.; revising the

4 plan year for which the department must implement

5 formulary management for prescription drugs and

6 supplies under the state employees' prescription drug

7 program; removing a requirement that certain

8 prescription drugs be made available for inclusion in

9 the program formulary; prohibiting coverage of certain

10 prescription drugs and supplies under the program;

11 revising the date by which the department must submit

12 a list of prescription drugs and supplies excluded

13 from coverage under the program to the Governor and

14 Legislature; creating s. 110.12316, F.S.; defining the

15 term "state agency"; requiring the department to make

16 a certain administrative health insurance assessment

17 against each state agency; providing applicability of

18 and requirements for such assessments; amending s.

19 110.605, F.S.; removing a requirement that the

20 department develop a program to ensure positions for

21 women and minorities in the Selected Exempt Service;

22 amending s. 272.04, F.S.; specifying that the

23 Governor, the Cabinet officers, and the Legislature

24 are permanent tenants of the Capitol Complex;

25 providing requirements for modifications of interior

26 spaces allocated to such tenants and the use of vacant

27 interior spaces within the complex; amending s.

28 272.09, F.S.; revising the definitions of the terms

29 "Capitol Complex" and "Memorial Park"; requiring the

30 department to manage, maintain, and upkeep the Mayo

31 Building after the Department of Agriculture and

32 Consumer Services vacates the building; requiring the

33 department to consult with and receive the approval of

34 tenants for certain projects within the Capitol

35 Center; requiring the department to consider certain

36 factors for projects that impact legislative spaces;

37 authorizing the Legislature to make modifications to

38 allocated spaces; requiring the department to receive

39 approval from the Legislature for certain projects

40 before including such projects in a specified report;

41 amending s. 272.121, F.S.; requiring the department to

42 solicit feedback from specified entities in the

43 development of long-range planning for the Capitol

44 Center; amending s. 272.16, F.S.; providing

45 requirements for the assignment or reduction of

46 parking spaces allocated to the Legislature within the

47 Capitol Center; amending s. 287.012, F.S.; removing

48 the definition of the term "minority business

49 enterprise"; amending s. 287.042, F.S.; removing

50 provisions authorizing the Office of Supplier

51 Diversity to monitor the state procurement system for

52 the use of minority business enterprises and to

53 consult with the department on procedures for such

54 procurement; repealing s. 287.0943, F.S., relating to

55 the certification of minority business enterprises;

56 repealing s. 287.09431, F.S., relating to statewide

57 and interlocal agreements on certification of business

58 concerns for the status of minority business

59 enterprises; amending s. 287.09451, F.S.; renaming the

60 Office of Supplier Diversity as the Office of Supplier

61 Development; removing legislative intent provisions

62 relating to the participation of minority business

63 enterprises in the state procurement system; providing

64 powers, duties, and functions of the office relating

65 to the participation of Florida-based small business

66 enterprises in the state procurement system; removing

67 provisions authorizing the Office of Supplier

68 Diversity to adopt certain rules and take certain

69 actions relating to compliance with the department's

70 minority business enterprise procurement goals;

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

72 Advisory Council on Small and Minority Business

73 Development; amending s. 288.706, F.S.; removing

74 provisions requiring the department to administer the

75 Florida Minority Business Loan Mobilization Program,

76 maintain a listing of certain financial institutions,

77 and collaborate with the Department of Commerce in the

78 development and enhancement of black business

79 enterprises; amending ss. 318.18 and 318.21, F.S.;

80 removing the expiration date for the disposition of

81 specified proceeds used for law enforcement

82 communication systems; amending ss. 17.11, 24.113,

83 212.096, 255.101, 255.102, 287.055, 287.057, 287.094,

84 288.1167, 288.703, 376.3072, 376.84, 473.3065, and

85 1001.706, F.S.; conforming cross-references and

86 provisions to changes made by the act; providing an

87 effective date.

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

91 Section 1. Subsection (9) of section 110.12315, Florida

92 Statutes, is amended to read:

93 110.12315 Prescription drug program.—The state employees'

94 prescription drug program is established. This program shall be

95 administered by the Department of Management Services, according

96 to the terms and conditions of the plan as established by the

97 relevant provisions of the annual General Appropriations Act and

98 implementing legislation, subject to the following conditions:

99 (9)(a) Beginning with the 2027 ~~2020~~ plan year, the

100 department must implement formulary management for prescription

101 drugs and supplies. Such management practices must require

102 prescription drugs to be subject to formulary inclusion or

103 exclusion but may not restrict access to the most clinically

104 appropriate, clinically effective, and lowest net-cost

105 prescription drugs and supplies. ~~Drugs excluded from the~~

106 ~~formulary must be available for inclusion if a physician,~~

107 ~~advanced practice registered nurse, or physician assistant~~

108 ~~prescribing a pharmaceutical clearly states on the prescription~~

109 ~~that the excluded drug is medically necessary.~~ Prescription

110 drugs and supplies first made available in the marketplace after

111 January 1, 2027 ~~2020,~~ may not be covered by the prescription

112 drug program until specifically included in the list of covered

113 prescription drugs and supplies.

114 (b) No later than October 1, 2026 ~~2019,~~ and by each

115 October 1 thereafter, the department must submit to the

116 Governor, the President of the Senate, and the Speaker of the

117 House of Representatives the list of prescription drugs and

118 supplies that will be excluded from program coverage for the

119 next plan year. If the department proposes to exclude

120 prescription drugs and supplies after the plan year has

121 commenced, the department must provide notice to the Governor,

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

123 Representatives of such exclusions at least 60 days before

124 implementation of such exclusions.

125 Section 2. Section 110.12316, Florida Statutes, is created

126 to read:

127 110.12316 Administrative health insurance assessments

128 against state agencies for vacant positions.—

129 (1) As used in this section, the term "state agency" means

130 an agency within the State Personnel System, the Department of

131 the Lottery, the Justice Administrative Commission and all

132 entities administratively housed in the Justice Administrative

133 Commission, and the state courts system.

134 (2) Beginning July 1, 2026, and on the first day of each

135 month thereafter, the Department of Management Services shall

136 make an administrative health insurance assessment against each

137 state agency equal to the employer's cost of individual employee

138 health care coverage for each vacant position within the state

139 agency eligible for coverage through the Division of State Group

140 Insurance.

141 (3) Within 30 days after receipt of the administrative

142 health insurance assessment under subsection (2) from the

143 department, each state agency shall remit to the State Employees

144 Health Insurance Trust Fund the assessment for the state group

145 insurance program, as provided in ss. 110.123 and 110.1239, from

146 currently allocated moneys for salaries and benefits. If a state

147 agency becomes more than 60 days delinquent in payment of the

148 assessment, the department shall certify to the Chief Financial

149 Officer the amount due and the Chief Financial Officer shall

150 transfer to the department the amount due.

151 (4) The administrative health insurance assessment must

152 apply to all vacant positions funded with state funds, whether

153 fully or partially funded with state funds. Vacant positions

154 partially funded with state funds must pay a percentage of the

155 assessment imposed in subsection (2) equal to the percentage

156 share of state funds provided for the vacant positions. The

157 assessment does not apply to vacant positions that are fully

158 funded with federal funds. By July 31, 2026, each state agency

159 shall provide the department with a complete list of all

160 positions by position number which are fully or partially funded

161 with federal funds and shall include the percentage of federal

162 funding for each position. Thereafter, each state agency shall

163 update the list on the last day of each month. For vacant

164 positions that are fully or partially funded with federal funds,

165 each state agency shall immediately take steps to include the

166 administrative health insurance assessment in its indirect cost

167 plan for the 2026-2027 fiscal year and each fiscal year

168 thereafter. A state agency shall notify the department, the

169 Executive Office of the Governor, and the chair and vice chair

170 of the Legislative Budget Commission of the updated indirect

171 cost plan, upon approval from the federal awarding agency. If

172 the state agency cannot obtain approval from its federal

173 awarding agency, the state agency shall notify the department,

174 the Executive Office of the Governor, and the chair and vice

175 chair of the Legislative Budget Commission no later than January

176 15 of each calendar year.

177 (5) Pursuant to the notice, review, and objection

178 procedures of s. 216.177, the Executive Office of the Governor

179 may transfer budget authority appropriated in the Salaries and

180 Benefits appropriation category between state agencies in order

181 to align the appropriations granted with the assessment that

182 must be paid by each state agency to the department for the

183 administrative health insurance assessment.

184 Section 3. Paragraph (d) of subsection (1) of section

185 110.605, Florida Statutes, is amended to read:

186 110.605 Powers and duties; personnel rules, records,

187 reports, and performance appraisal.—

188 (1) The department shall adopt and administer uniform

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

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

191 rules and procedures relating to personnel administration which

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

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

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

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

196 Section 4. Section 272.04, Florida Statutes, is amended to

197 read:

198 272.04 Department to allocate space.—

199 (1) The Department of Management Services shall have

200 authority to allocate space to house the various departments,

201 agencies, boards, and commissions in said buildings, excepting,

202 however, the new Supreme Court Building, for which authority

203 shall be vested in the justices of the Supreme Court.

204 (2) Notwithstanding any other law, the Governor, the

205 Cabinet officers, and the Legislature are permanent tenants of

206 the Capitol Complex. The interior space allocated to each tenant

207 on or after January 1, 2026, may not be reduced or moved without

208 express consent of the tenant. If additional interior space

209 becomes vacant, the Legislature has the first right of refusal

210 for use of the space.

211 Section 5. Subsection (4) of section 272.09, Florida

212 Statutes, is renumbered as subsection (5), subsections (1) and

213 (2) of that section are amended, and a new subsection (4) is

214 added to that section, to read:

215 272.09 Management, maintenance, and upkeep of Capitol

216 Center.—

217 (1) For purposes of this section, the term "Capitol

218 Complex" means the portion of the Capitol Center commonly

219 referred to as the Capitol, the Historic Capitol, the Senate

220 Office Building, the House Office Building, the Knott Building,

221 the Pepper Building, the Holland Building, the former Elliot

222 Building property, the R.A. Gray Building, the Mayo Building,

223 and the associated parking garages and curtilage of each,

224 including the state-owned lands and public streets adjacent

225 thereto within an area bounded by and including Calhoun Street,

226 Meridian Street, East Pensacola Street, Monroe Street, Jefferson

227 Street, West Pensacola Street, Martin Luther King Jr. Boulevard,

228 and Gaines Street. The term does not include the Supreme Court

229 Building or the public streets adjacent thereto. The Mayo

230 Building, its associated parking garage, and the portion of the

231 Capitol Complex existing between and including the former Elliot

232 Building property and the Holland Building within an area

233 bounded by and including Monroe Street, Gaines Street, Calhoun

234 Street, and East Pensacola Street shall be known as "Memorial

235 Park."

236 (2) The management, maintenance, and upkeep of the Capitol

237 Center as described in s. 272.03 are hereby vested in and made

238 the direct obligation of the Department of Management Services,

239 which shall have authority to do all things necessary to

240 satisfactorily accomplish these functions, including the

241 employment of a superintendent of grounds and buildings and

242 other employees; the establishment of central repair and

243 maintenance shops; and the designation or appointment of

244 nonsalaried advisory committees to advise with them. The

245 department shall begin management, maintenance, and upkeep of

246 the Mayo Building after the Department of Agriculture and

247 Consumer Services vacates the building.

248 (4)(a) Before the Department of Management Services may

249 plan for or schedule any project that impacts space occupied by

250 a permanent tenant of the Capitol Center other than the

251 Governor, the department must consult with the tenant and

252 receive the tenant's approval on the scope, design, and timeline

253 of the project. For purposes of space in which the Legislature

254 is the tenant, the Department of Management Services must

255 coordinate with and receive approval from the President of the

256 Senate or the Speaker of the House of Representatives, or both,

257 as appropriate. For any project that impacts space in which the

258 Legislature is the tenant, the Department of Management Services

259 must consider the schedule, time constraints, and needs of the

260 Legislature.

261 (b) The President of the Senate and the Speaker of the

262 House of Representatives may design, redesign, renovate, or

263 upgrade any space allocated to his or her chamber in which the

264 Senate or the House of Representatives is the tenant without

265 approval by the Department of Management Services.

266 (c) The Department of Management Services must consult

267 with and receive approval from the President of the Senate or

268 the Speaker of the House of Representatives, or both, as

269 appropriate, before including in the report required under

270 subsection (3) any project that impacts any space in the Capitol

271 Complex in which the Legislature is the tenant.

272 Section 6. Subsection (3) of section 272.121, Florida

273 Statutes, is amended to read:

274 272.121 Capitol Center long-range planning.—

275 (3) In carrying out the provisions of the foregoing, the

276 department shall request the cooperation of those state and

277 private architects, engineers, and interior designers determined

278 by the department to possess expertise or information helpful to

279 the development of a Capitol Plan and solicit and accept

280 information, suggestions, and recommendations from all

281 interested parties. The department must solicit feedback from

282 all permanent tenants of the Capitol Center, including the

283 Governor, the Chief Financial Officer, the Attorney General, the

284 Commissioner of Agriculture, the President of the Senate, and

285 the Speaker of the House of Representatives.

286 Section 7. Subsection (2) of section 272.16, Florida

287 Statutes, is amended to read:

288 272.16 Parking areas within Capitol Center area.—

289 (2)(a) The presiding officer of each house of the

290 Legislature shall be responsible for the assignment of parking

291 spaces in its respective office building.

292 (b) The parking spaces allocated to the Legislature on or

293 after January 1, 2026, may not be reduced or reassigned without

294 the express consent of the Legislature. If additional parking

295 spaces become available for assignment, the Legislature has the

296 first right of refusal for the use of the parking spaces.

297 Section 8. Subsections (19) through (29) of section

298 287.012, Florida Statutes, are renumbered as subsections (18)

299 through (28), respectively, and present subsections (18) and

300 (19) of that section are amended to read:

301 287.012 Definitions.—As used in this part, the term:

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

303 ~~as provided in s. 288.703.~~

304 ~~(18)(19)~~ "Office" means the Office of Supplier Development

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

306 Section 9. Paragraphs (a) and (c) of subsection (2) and

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

308 Florida Statutes, are amended to read:

309 287.042 Powers, duties, and functions.—The department

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

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

312 state term contracts for commodities and contractual services,

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

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

315 department may restrict purchases from some term contracts to

316 state agencies only for those term contracts where the inclusion

317 of other governmental entities will have an adverse effect on

318 competition or to those federal facilities located in this

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

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

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

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

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

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

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

326 private nonprofit community transportation coordinator

327 designated pursuant to chapter 427, while conducting business

328 related solely to the Commission for the Transportation

329 Disadvantaged, or other local public agency under the provisions

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

331 corporation operating the correctional work programs, of

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

333 exempt from the competitive solicitation requirements otherwise

334 applying to their purchases.

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

336 or intended decision pertaining to contracts administered by the

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

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

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

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

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

342 percent of the estimated contract amount. For protests of

343 decisions or intended decisions pertaining to exceptional

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

345 the estimated contract amount for the exceptional purchase. The

346 estimated contract amount shall be based upon the contract price

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

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

349 shall estimate the contract amount based on factors including,

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

351 for similar commodities or contractual services, the amount

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

353 market value of similar commodities or contractual services. The

354 agency shall provide the estimated contract amount to the vendor

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

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

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

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

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

360 protestor in the administrative hearing in which the action is

361 brought and in any subsequent appellate court proceeding. In

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

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

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

365 If, after completion of the administrative hearing process and

366 any appellate court proceedings, the department, water

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

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

369 judgment, excluding attorney ~~attorney's~~ fees. ~~This section shall~~

370 ~~not apply to protests filed by the Office of Supplier Diversity.~~

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

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

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

374 administrative hearing process and any appellate court

375 proceedings, the protestor prevails, the protestor shall recover

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

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

378 judgment, excluding attorney ~~attorney's~~ fees.

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

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

381 agencies in acquiring commodities and contractual services,

382 which shall include, but not be limited to:

383 (b)1. Development of procedures for advertising

384 solicitations. These procedures must provide for electronic

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

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

387 department or other agency determines in writing that a shorter

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

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

390 ~~department regarding the development of solicitation~~

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

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

393 ~~in s. 288.703.~~

394 2. Development of procedures for electronic posting. The

395 department shall designate a centralized website on the Internet

396 for the department and other agencies to electronically post

397 solicitations, decisions or intended decisions, and other

398 matters relating to procurement.

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

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

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

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

403 ~~the requirements of s. 287.09451.~~

404 Section 10. Section 287.0943, Florida Statutes, is

405 repealed.

406 Section 11. Section 287.09431, Florida Statutes, is

407 repealed.

408 Section 12. Section 287.09451, Florida Statutes, is

409 amended to read:

410 287.09451 Office of Supplier Development ~~Diversity;~~

411 powers, duties, and functions.—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

427 (1)(2) The Office of Supplier Development ~~Diversity~~ is

428 established within the Department of Management Services to

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

430 becoming suppliers of commodities, services, and construction to

431 state government.

432 (2)(3) The secretary shall appoint an executive director

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

434 serve at the pleasure of the secretary.

435 (3)(4) The Office of Supplier Development ~~Diversity~~ shall

436 have the following powers, duties, and functions:

437 (a) To receive and disseminate information:

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

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

440 of events for Florida-based small business enterprises.

441 2. Related to procurement opportunities for Florida-based

442 small business enterprises.

443 (b) To create electronic certification and recertification

444 processes for veteran-owned small business enterprises. The

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

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

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

448 certification and recertification as a veteran-owned business

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

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

451 agencies on methods and techniques for achieving procurement

452 objectives that increase the use of Florida-based small business

453 enterprises in state and local government procurement contracts.

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

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

456 this section.

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

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

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

460 ~~287.042. Factors which shall be considered by the Minority~~

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

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

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

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

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

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

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

468 ~~concerning the subcontracting opportunities.~~

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

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

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

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

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

474 ~~business enterprises or minority persons.~~

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

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

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

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

479 ~~participate effectively.~~

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

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

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

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

484 ~~287.094(2). Factors which shall be considered by the Office of~~

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

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

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

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

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

490 ~~opportunities.~~

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

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

493 ~~concerning the subcontracting opportunities.~~

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

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

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

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

498 ~~effectively.~~

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

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

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

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

503 ~~were interested.~~

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

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

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

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

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

509 ~~facilitate minority business enterprise participation.~~

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

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

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

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

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

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

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

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

518 ~~investigation of their capabilities.~~

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

520 ~~available minority community organizations; minority~~

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

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

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

524 ~~enterprises or minority persons.~~

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

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

527 ~~expenditures for commodities, contractual services,~~

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

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

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

531 ~~287.042.~~

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

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

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

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

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

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

538 ~~enterprises, and technical assistance.~~

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

540 ~~achieving procurement objectives.~~

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

560 ~~development plan.~~

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

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

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

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

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

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

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

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

569 ~~related to minority business enterprises.~~

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

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

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

573 ~~business enterprises.~~

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

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

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

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

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

579 ~~business enterprises.~~

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

581 ~~minority business enterprises with government contracting~~

582 ~~opportunities.~~

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

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

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

586 ~~2 years. Minority business enterprises must be recertified at~~

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

588 ~~electronic signature.~~

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

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

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

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

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

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

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

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

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

598 ~~24 percent of the moneys actually expended for commodities, and~~

599 ~~50.5 percent of the moneys actually expended for contractual~~

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

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

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

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

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

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

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

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

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

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

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

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

612 ~~American women.~~

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

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

615 ~~percent for American women.~~

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

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

618 ~~0.5 percent for Native Americans, and 17 percent for American~~

619 ~~women.~~

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

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

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

623 ~~percent for American women.~~

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

655 ~~in question in prior agency contracting.~~

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

657 ~~participating minority business enterprises.~~

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

711 ~~minority participation.~~

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

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

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

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

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

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

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

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

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

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

722 ~~subcontractors by each state agency.~~

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

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

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

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

727 ~~by each state agency.~~

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

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

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

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

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

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

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

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

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

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

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

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

740 ~~for any other procedural requirements.~~

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

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

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

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

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

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

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

748 ~~contracting opportunities.~~

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

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

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

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

753 ~~minority business enterprise issues.~~

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

770 ~~relevant to the agency's purchasing needs in the pertinent~~

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

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

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

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

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

776 ~~demonstrates:~~

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

778 ~~minority business enterprises.~~

779 ~~2. A high level of accessibility, knowledge, and~~

780 ~~experience by minority business enterprises in the agency's~~

781 ~~contract decisionmaking process.~~

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

783 ~~internal implementation of minority business utilization~~

784 ~~provisions.~~

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

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

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

788 ~~integrity of subcontractor reporting.~~

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

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

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

792 ~~enterprises.~~

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

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

795 ~~business staff.~~

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

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

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

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

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

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

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

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

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

805 ~~overseeing the agency's minority business utilization~~

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

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

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

809 ~~the agency's minority business utilization performance. The~~

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

811 ~~compliance performance.~~

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

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

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

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

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

817 ~~plan.~~

818 Section 13. Section 287.0947, Florida Statutes, is

819 repealed.

820 Section 14. Subsections (2), (10), and (11) of section

821 288.706, Florida Statutes, are amended to read:

822 288.706 Florida Minority Business Loan Mobilization

823 Program.—

824 (2) The Florida Minority Business Loan Mobilization

825 Program is created to promote the development of minority

826 business enterprises, as defined in s. 288.703(2) ~~s. 288.703(3),~~

827 increase the ability of minority business enterprises to compete

828 for state contracts, and sustain the economic growth of minority

829 business enterprises in this state. The goal of the program is

830 to assist minority business enterprises by facilitating working

831 capital loans to minority business enterprises that are vendors

832 on state agency contracts. ~~The Department of Management Services~~

833 ~~shall administer the program.~~

834 ~~(10) The Department of Management Services shall maintain~~

835 ~~a listing of financial institutions willing to participate in~~

836 ~~the Florida Minority Business Loan Mobilization Program. This~~

837 ~~list of financial institutions shall not be exclusive. A~~

838 ~~minority business enterprise vendor who has a working~~

839 ~~relationship with a financial institution is encouraged to~~

840 ~~request that the financial institution apply to participate as a~~

841 ~~financial institution for the program.~~

842 ~~(11) The Department of Management Services shall~~

843 ~~collaborate with the department to assist in the development and~~

844 ~~enhancement of black business enterprises.~~

845 Section 15. Subsection (18) of section 318.18, Florida

846 Statutes, is amended to read:

847 318.18 Amount of penalties.—The penalties required for a

848 noncriminal disposition pursuant to s. 318.14 or a criminal

849 offense listed in s. 318.17 are as follows:

850 (18) In addition to any penalties imposed, a surcharge of

851 $3 must be paid for all criminal offenses listed in s. 318.17

852 and for all noncriminal moving traffic violations under chapter

853 316. Revenue from the surcharge shall be remitted to the

854 Department of Revenue and deposited quarterly into the State

855 Agency Law Enforcement Radio System Trust Fund of the Department

856 of Management Services for the state agency law enforcement

857 radio system, as described in s. 282.709, and to provide

858 technical assistance to state agencies and local law enforcement

859 agencies with their statewide systems of regional law

860 enforcement communications, as described in s. 282.7101. ~~This~~

861 ~~subsection expires July 1, 2026.~~ The Department of Management

862 Services may retain funds sufficient to recover the costs and

863 expenses incurred for managing, administering, and overseeing

864 the Statewide Law Enforcement Radio System, and providing

865 technical assistance to state agencies and local law enforcement

866 agencies with their statewide systems of regional law

867 enforcement communications. The Department of Management

868 Services working in conjunction with the Joint Task Force on

869 State Agency Law Enforcement Communications shall determine and

870 direct the purposes for which these funds are used to enhance

871 and improve the radio system.

872 Section 16. Subsection (17) of section 318.21, Florida

873 Statutes, is amended to read:

874 318.21 Disposition of civil penalties by county courts.—

875 All civil penalties received by a county court pursuant to the

876 provisions of this chapter shall be distributed and paid monthly

877 as follows:

878 (17) Notwithstanding subsections (1) and (2), the proceeds

879 from the administrative fee imposed under s. 318.18(18) shall be

880 distributed as provided in that subsection. ~~This subsection~~

881 ~~expires July 1, 2026.~~

882 Section 17. Subsection (2) of section 17.11, Florida

883 Statutes, is amended to read:

884 17.11 To report disbursements made.—

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

886 reported from the Florida Accounting Information Resource

887 Subsystem no less than quarterly the disbursements which

888 agencies made to small businesses, as defined in the Florida

889 Small and Minority Business Assistance Act; to certified

890 minority business enterprises in the aggregate; and to certified

891 minority business enterprises broken down into categories of

892 minority persons, as well as gender and nationality subgroups.

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

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

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

896 Representatives. Each agency shall be responsible for the

897 accuracy of information entered into the Florida Accounting

898 Information Resource Subsystem for use in this reporting.

899 Section 18. Subsection (1) of section 24.113, Florida

900 Statutes, is amended to read:

901 24.113 Minority participation.—

902 (1) It is the intent of the Legislature that the

903 department encourage participation by minority business

904 enterprises as defined in s. 288.703. Accordingly, 15 percent of

905 the retailers shall be minority business enterprises as defined

906 in s. 288.703(2) ~~s. 288.703(3);~~ however, no more than 35 percent

907 of such retailers shall be owned by the same type of minority

908 person, as defined in s. 288.703(3) ~~s. 288.703(4). The~~

909 ~~department is encouraged to meet the minority business~~

910 ~~enterprise procurement goals set forth in s. 287.09451 in the~~

911 ~~procurement of commodities, contractual services, construction,~~

912 ~~and architectural and engineering services.~~ This section shall

913 not preclude or prohibit a minority person from competing for

914 any other retailing or vending agreement awarded by the

915 department.

916 Section 19. Paragraph (g) of subsection (3) of section

917 212.096, Florida Statutes, is amended to read:

918 212.096 Sales, rental, storage, use tax; enterprise zone

919 jobs credit against sales tax.—

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

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

922 development agency having jurisdiction over the enterprise zone

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

924 includes:

925 (g) Whether the business is a small business as defined by

926 s. 288.703(5) ~~s. 288.703(6).~~

927 Section 20. Subsection (1) of section 255.101, Florida

928 Statutes, is amended to read:

929 255.101 Contracts for public construction works;

930 utilization of minority business enterprises.—

931 (1) All county officials, boards of county commissioners,

932 school boards, city councils, city commissioners, and all other

933 public officers of state boards or commissions which are charged

934 with the letting of contracts for public works and for the

935 construction of public bridges, buildings, and other structures

936 shall operate in accordance with s. 287.093, ~~except that all~~

937 ~~contracts for the construction of state facilities should comply~~

938 ~~with provisions in s. 287.09451, and rules adopted pursuant~~

939 ~~thereto,~~ for the utilization of minority business enterprises.

940 When construction is financed in whole or in part from federal

941 funds and where federal provisions for utilization of minority

942 business enterprises apply, this section shall not apply.

943 Section 21. Subsections (1), (2), and (4) of section

944 255.102, Florida Statutes, are amended to read:

945 255.102 Contractor utilization of minority business

946 enterprises.—

947 (1) Agencies shall consider the use of price preferences,

948 weighted preference formulas, or other preferences for

949 construction contracts, as determined appropriate by the Office

950 of Supplier Development ~~Diversity~~ to increase minority

951 participation.

952 (2) The Office of Supplier Development ~~Diversity,~~ in

953 collaboration with the Board of Governors of the State

954 University System, shall adopt rules to determine what is a

955 "good faith effort" for purposes of contractor compliance with

956 minority participation goals established for competitively

957 awarded building and construction projects. Pro forma efforts

958 shall not be considered good faith. Factors which shall be

959 considered by the state agency in determining whether a

960 contractor has made good faith efforts shall include, but not be

961 limited to:

962 (a) Whether the contractor attended any presolicitation or

963 prebid meetings that were scheduled by the agency to inform

964 minority business enterprises of contracting and subcontracting

965 opportunities.

966 (b) Whether the contractor advertised in general

967 circulation, trade association, or minority-focus media

968 concerning the subcontracting opportunities.

969 (c) Whether the contractor provided written notice to all

970 relevant subcontractors listed on the minority vendor list for

971 that locality and statewide as provided by the agency as of the

972 date of issuance of the invitation to bid, that their interest

973 in the contract was being solicited in sufficient time to allow

974 the minority business enterprises to participate effectively.

975 (d) Whether the contractor followed up initial

976 solicitations of interest by contacting minority business

977 enterprises, the Office of Supplier Development ~~Diversity,~~ or

978 minority persons who responded and provided detailed information

979 about prebid meetings, access to plans, specifications,

980 contractor's project manager, subcontractor bonding, if any,

981 payment schedule, bid addenda, and other assistance provided by

982 the contractor to enhance minority business enterprise

983 participation.

984 (e) Whether the contractor selected portions of the work

985 to be performed by minority business enterprises in order to

986 increase the likelihood of meeting the minority business

987 enterprise procurement goals, including, where appropriate,

988 breaking down contracts into economically feasible units to

989 facilitate minority business enterprise participation under

990 reasonable and economical conditions of performance.

991 (f) Whether the contractor provided the Office of Supplier

992 Development ~~Diversity~~ as well as interested minority business

993 enterprises or minority persons with adequate information about

994 the plans, specifications, and requirements of the contract or

995 the availability of jobs at a time no later than when such

996 information was provided to other subcontractors.

997 (g) Whether the contractor negotiated in good faith with

998 interested minority business enterprises or minority persons,

999 not rejecting minority business enterprises or minority persons

1000 as unqualified without sound reasons based on a thorough

1001 investigation of their capabilities or imposing implausible

1002 conditions of performance on the contract.

1003 (h) Whether the contractor diligently seeks to replace a

1004 minority business enterprise subcontractor that is unable to

1005 perform successfully with another minority business enterprise.

1006 (i) Whether the contractor effectively used the services

1007 of available minority community organizations; minority

1008 contractors' groups; local, state, and federal minority business

1009 assistance offices; and other organizations that provide

1010 assistance in the recruitment and placement of minority business

1011 enterprises or minority persons.

1012 (4) ~~Notwithstanding the provisions of s. 287.09451 to the~~

1013 ~~contrary,~~ Agencies shall monitor good faith efforts of

1014 contractors in competitively awarded building and construction

1015 projects, in accordance with rules established pursuant to this

1016 section. It is the responsibility of the contractor to exercise

1017 good faith efforts in accordance with rules established pursuant

1018 to this section, and to provide documentation necessary to

1019 assess efforts to include minority business participation.

1020 Section 22. Paragraph (d) of subsection (3) of section

1021 287.055, Florida Statutes, is amended to read:

1022 287.055 Acquisition of professional architectural,

1023 engineering, landscape architectural, or surveying and mapping

1024 services; definitions; procedures; contingent fees prohibited;

1025 penalties.—

1026 (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.—

1027 (d) Each agency shall evaluate professional services,

1028 including capabilities, adequacy of personnel, past record,

1029 experience, whether the firm is a certified minority business

1030 enterprise as defined by the Florida Small and Minority Business

1031 Assistance Act, and other factors determined by the agency to be

1032 applicable to its particular requirements. ~~When securing~~

1033 ~~professional services, an agency must endeavor to meet the~~

1034 ~~minority business enterprise procurement goals under s.~~

1035 ~~287.09451.~~

1036 Section 23. Subsections (7) and (8) of section 287.057,

1037 Florida Statutes, are amended to read:

1038 287.057 Procurement of commodities or contractual

1039 services.—

1040 (7) Upon issuance of any solicitation, an agency shall,

1041 upon request by the department, forward to the department one

1042 copy of each solicitation for all commodity and contractual

1043 services purchases in excess of the threshold amount provided in

1044 s. 287.017 for CATEGORY TWO. An agency shall also, upon request,

1045 furnish a copy of all competitive-solicitation tabulations. The

1046 Office of Supplier Development ~~Diversity~~ may also request from

1047 the agencies any information submitted to the department

1048 pursuant to this subsection.

1049 (8)(a) ~~In order to strive to meet the minority business~~

1050 ~~enterprise procurement goals set forth in s. 287.09451,~~ An

1051 agency may reserve any contract for competitive solicitation

1052 only among ~~certified~~ minority business enterprises. Agencies

1053 shall review all their contracts each fiscal year and shall

1054 determine which contracts may be reserved for solicitation only

1055 among ~~certified~~ minority business enterprises. This reservation

1056 may only be used when it is determined, by reasonable and

1057 objective means, before the solicitation that there are capable,

1058 qualified ~~certified~~ minority business enterprises available to

1059 submit a bid, proposal, or reply on a contract to provide for

1060 effective competition. The Office of Supplier Development

1061 ~~Diversity~~ shall consult with any agency in reaching such

1062 determination when deemed appropriate.

1063 (b) Before a contract may be reserved for solicitation

1064 only among ~~certified~~ minority business enterprises, the agency

1065 head must find that such a reservation is in the best interests

1066 of the state. ~~All determinations shall be subject to s.~~

1067 ~~287.09451(5).~~ Once a decision has been made to reserve a

1068 contract, but before sealed bids, proposals, or replies are

1069 requested, the agency shall estimate what it expects the amount

1070 of the contract to be, based on the nature of the services or

1071 commodities involved and their value under prevailing market

1072 conditions. If all the sealed bids, proposals, or replies

1073 received are over this estimate, the agency may reject the bids,

1074 proposals, or replies and request new ones from ~~certified~~

1075 minority business enterprises, or the agency may reject the

1076 bids, proposals, or replies and reopen the bidding to all

1077 eligible vendors.

1078 (c) All agencies shall consider the use of price

1079 preferences of up to 10 percent, weighted preference formulas,

1080 or other preferences for vendors as determined appropriate

1081 ~~pursuant to guidelines established in accordance with s.~~

1082 ~~287.09451(4)~~ to increase the participation of minority business

1083 enterprises.

1084 (d) All agencies shall avoid any undue concentration of

1085 contracts or purchases in categories of commodities or

1086 contractual services in order to meet the Florida-based small

1087 ~~minority~~ business enterprise purchasing goals in s. 287.09451.

1088 Section 24. Subsection (4) of section 287.094, Florida

1089 Statutes, is amended to read:

1090 287.094 Minority business enterprise programs; penalty for

1091 discrimination and false representation.—

1092 (4) No agency shall deny any contractor, firm, or

1093 individual a fair opportunity to compete in the public

1094 procurement of commodities and services based on race, national

1095 origin, gender, religion, or physical disability, which for

1096 purposes of this subsection constitutes prohibited

1097 discrimination. Complaints alleging prohibited discrimination by

1098 an agency in its public procurement may be filed with the Office

1099 of Supplier Development ~~Diversity~~ within 60 days after the facts

1100 giving rise to the complaint are known or reasonably should have

1101 been discovered. Any complaint shall be filed in writing and

1102 must set forth the specific facts giving rise to the claim of

1103 prohibited discrimination. The Office of Supplier Development

1104 ~~Diversity~~ shall, within 10 days, refer the complaint to the

1105 Inspector General for the agency that is the subject of the

1106 complaint, who shall coordinate a prompt investigation and issue

1107 written findings of fact. These findings shall be reviewed by

1108 the Chief Inspector General or his or her designee, who is

1109 authorized to conduct any further investigation deemed necessary

1110 or appropriate. Upon a final determination that an agency has

1111 abused its discretion by engaging in prohibited discrimination,

1112 the Chief Inspector General shall refer any state employee

1113 determined to have participated in the prohibited discrimination

1114 for disciplinary action in accordance with chapter 60K(9),

1115 Florida Administrative Code, and subsequently enacted rules, up

1116 to and including termination.

1117 Section 25. Subsection (1) of section 288.1167, Florida

1118 Statutes, is amended to read:

1119 288.1167 Sports franchise contract provisions for food and

1120 beverage concession and contract awards to minority business

1121 enterprises.—Any applicant who receives funding pursuant to the

1122 provisions of s. 212.20 must demonstrate that:

1123 (1) Funds and facilities with respect to food and beverage

1124 and related concessions shall be awarded to minority business

1125 enterprises as defined in s. 288.703 on the same terms and

1126 conditions as the general food and beverage concessionaire ~~and~~

1127 ~~in accordance with the minority business enterprise procurement~~

1128 ~~goals set forth in s. 287.09451;~~

1129 Section 26. Subsections (2) through (6) of section 288.703, Florida Statutes, are renumbered as subsections (1)

1131 through (5), respectively, and present subsections (1) and (5)

1132 of that section are amended to read:

1133 288.703 Definitions.—As used in ss. 288.702-288.706, the

1134 term:

1135 ~~(1) "Certified minority business enterprise" means a~~

1136 ~~business which has been certified by the certifying organization~~

1137 ~~or jurisdiction in accordance with s. 287.0943(1) and (2).~~

1138 (4)(5) "Ombudsman" means an office or individual whose

1139 responsibilities include coordinating with the Office of

1140 Supplier Development ~~Diversity~~ for the interests of and

1141 providing assistance to small and minority business enterprises

1142 in dealing with governmental agencies and in developing

1143 proposals for changes in state agency rules.

1144 Section 27. Paragraph (a) of subsection (2) of section

1145 376.3072, Florida Statutes, is amended to read:

1146 376.3072 Florida Petroleum Liability and Restoration

1147 Insurance Program.—

1148 (2)(a) An owner or operator of a petroleum storage system

1149 may become an insured in the restoration insurance program at a

1150 facility if:

1151 1. A site at which an incident has occurred is eligible

1152 for restoration if the insured is a participant in the third-

1153 party liability insurance program or otherwise meets applicable

1154 financial responsibility requirements. After July 1, 1993, the

1155 insured must also provide the required excess insurance coverage

1156 or self-insurance for restoration to achieve the financial

1157 responsibility requirements of 40 C.F.R. s. 280.97, subpart H,

1158 not covered by paragraph (d).

1159 2. A site which had a discharge reported before January 1,

1160 1989, for which notice was given pursuant to s. 376.3071(10) and

1161 which is ineligible for the third-party liability insurance

1162 program solely due to that discharge is eligible for

1163 participation in the restoration program for an incident

1164 occurring on or after January 1, 1989, pursuant to subsection

1165 (3). Restoration funding for an eligible contaminated site will

1166 be provided without participation in the third-party liability

1167 insurance program until the site is restored as required by the

1168 department or until the department determines that the site does

1169 not require restoration.

1170 3. Notwithstanding paragraph (b), a site where an

1171 application is filed with the department before January 1, 1995,

1172 where the owner is a small business under s. 288.703(5) s.

1173 ~~288.703(6),~~ a Florida College System institution with less than

1174 2,500 FTE, a religious institution as defined by s.

1175 212.08(7)(m), a charitable institution as defined by s.

1176 212.08(7)(p), or a county or municipality with a population of

1177 less than 50,000, is eligible for up to $400,000 of eligible

1178 restoration costs, less a deductible of $10,000 for small

1179 businesses, eligible Florida College System institutions, and

1180 religious or charitable institutions, and $30,000 for eligible

1181 counties and municipalities, if:

1182 a. Except as provided in sub-subparagraph e., the facility

1183 was in compliance with department rules at the time of the

1184 discharge.

1185 b. The owner or operator has, upon discovery of a

1186 discharge, promptly reported the discharge to the department,

1187 and drained and removed the system from service, if necessary.

1188 c. The owner or operator has not intentionally caused or

1189 concealed a discharge or disabled leak detection equipment.

1190 d. The owner or operator proceeds to complete initial

1191 remedial action as specified in department rules.

1192 e. The owner or operator, if required and if it has not

1193 already done so, applies for third-party liability coverage for

1194 the facility within 30 days after receipt of an eligibility

1195 order issued by the department pursuant to this subparagraph.

1197 However, the department may consider in-kind services from

1198 eligible counties and municipalities in lieu of the $30,000

1199 deductible. The cost of conducting initial remedial action as

1200 defined by department rules is an eligible restoration cost

1201 pursuant to this subparagraph.

1202 4.a. By January 1, 1997, facilities at sites with existing

1203 contamination must have methods of release detection to be

1204 eligible for restoration insurance coverage for new discharges

1205 subject to department rules for secondary containment. Annual

1206 storage system testing, in conjunction with inventory control,

1207 shall be considered to be a method of release detection until

1208 the later of December 22, 1998, or 10 years after the date of

1209 installation or the last upgrade. Other methods of release

1210 detection for storage tanks which meet such requirement are:

1211 (I) Interstitial monitoring of tank and integral piping

1212 secondary containment systems;

1213 (II) Automatic tank gauging systems; or

1214 (III) A statistical inventory reconciliation system with a

1215 tank test every 3 years.

1216 b. For pressurized integral piping systems, the owner or

1217 operator must use:

1218 (I) An automatic in-line leak detector with flow

1219 restriction meeting the requirements of department rules used in

1220 conjunction with an annual tightness or pressure test; or

1221 (II) An automatic in-line leak detector with electronic

1222 flow shut-off meeting the requirements of department rules.

1223 c. For suction integral piping systems, the owner or

1224 operator must use:

1225 (I) A single check valve installed directly below the

1226 suction pump if there are no other valves between the dispenser

1227 and the tank; or

1228 (II) An annual tightness test or other approved test.

1229 d. Owners of facilities with existing contamination that

1230 install internal release detection systems pursuant to sub-

1231 subparagraph a. shall permanently close their external

1232 groundwater and vapor monitoring wells pursuant to department

1233 rules by December 31, 1998. Upon installation of the internal

1234 release detection system, such wells must be secured and taken

1235 out of service until permanent closure.

1236 e. Facilities with vapor levels of contamination meeting

1237 the requirements of or below the concentrations specified in the

1238 performance standards for release detection methods specified in

1239 department rules may continue to use vapor monitoring wells for

1240 release detection.

1241 f. The department may approve other methods of release

1242 detection for storage tanks and integral piping which have at

1243 least the same capability to detect a new release as the methods

1244 specified in this subparagraph.

1246 Sites meeting the criteria of this subsection for which a site

1247 rehabilitation completion order was issued before June 1, 2008,

1248 do not qualify for the 2008 increase in site rehabilitation

1249 funding assistance and are bound by the pre-June 1, 2008,

1250 limits. Sites meeting the criteria of this subsection for which

1251 a site rehabilitation completion order was not issued before

1252 June 1, 2008, regardless of whether they have previously

1253 transitioned to nonstate-funded cleanup status, may continue

1254 state-funded cleanup pursuant to s. 376.3071(6) until a site

1255 rehabilitation completion order is issued or the increased site

1256 rehabilitation funding assistance limit is reached, whichever

1257 occurs first.

1258 Section 28. Paragraph (g) of subsection (1) of section

1259 376.84, Florida Statutes, is amended to read:

1260 376.84 Brownfield redevelopment economic incentives.—It is

1261 the intent of the Legislature that brownfield redevelopment

1262 activities be viewed as opportunities to significantly improve

1263 the utilization, general condition, and appearance of these

1264 sites. Different standards than those in place for new

1265 development, as allowed under current state and local laws,

1266 should be used to the fullest extent to encourage the

1267 redevelopment of a brownfield. State and local governments are

1268 encouraged to offer redevelopment incentives for this purpose,

1269 as an ongoing public investment in infrastructure and services,

1270 to help eliminate the public health and environmental hazards,

1271 and to promote the creation of jobs in these areas. Such

1272 incentives may include financial, regulatory, and technical

1273 assistance to persons and businesses involved in the

1274 redevelopment of the brownfield pursuant to this act.

1275 (1) Financial incentives and local incentives for

1276 redevelopment may include, but not be limited to:

1277 (g) Minority business enterprise programs ~~as provided in~~

1278 ~~s. 287.0943.~~

1279 Section 29. Paragraph (a) of subsection (3) and subsection (6) of section 473.3065, Florida Statutes, are amended to read:

1281 473.3065 Clay Ford Scholarship Program; Certified Public

1282 Accountant Education Minority Assistance Advisory Council.—

1283 (3) The board shall adopt rules as necessary for

1284 administration of the Clay Ford Scholarship Program, including

1285 rules relating to the following:

1286 (a) Eligibility criteria for receipt of a scholarship,

1287 which, at a minimum, shall include the following factors:

1288 1. Financial need.

1289 2. Ethnic, gender, or racial minority status pursuant to

1290 s. 288.703(3) ~~s. 288.703(4).~~

1291 3. Scholastic ability and performance.

1292 (6) There is hereby created the Certified Public

1293 Accountant Education Minority Assistance Advisory Council to

1294 assist the board in administering the Clay Ford Scholarship

1295 Program. The council shall be diverse and representative of the

1296 gender, ethnic, and racial categories set forth in s. 288.703(3)

1297 ~~s. 288.703(4).~~

1298 (a) The council shall consist of five licensed Florida-

1299 certified public accountants selected by the board, of whom one

1300 shall be a board member who serves as chair of the council, one

1301 shall be a representative of the National Association of Black

1302 Accountants, one shall be a representative of the Cuban American

1303 CPA Association, and two shall be selected at large. At least

1304 one member of the council must be a woman.

1305 (b) The board shall determine the terms for initial

1306 appointments and appointments thereafter.

1307 (c) Any vacancy on the council shall be filled in the

1308 manner provided for the selection of the initial member. Any

1309 member appointed to fill a vacancy of an unexpired term shall be

1310 appointed for the remainder of that term.

1311 (d) Three consecutive absences or absences constituting 50

1312 percent or more of the council's meetings within any 12-month

1313 period shall cause the council membership of the member in

1314 question to become void, and the position shall be considered

1315 vacant.

1316 (e) The members of the council shall serve without

1317 compensation, and any necessary and actual expenses incurred by

1318 a member while engaged in the business of the council shall be

1319 borne by such member or by the organization or agency such

1320 member represents. However, the council member who is a member

1321 of the board shall be compensated in accordance with ss.

1322 455.207(4) and 112.061.

1323 Section 30. Paragraph (d) of subsection (7) of section

1324 1001.706, Florida Statutes, is amended to read:

1325 1001.706 Powers and duties of the Board of Governors.—

1326 (7) POWERS AND DUTIES RELATING TO PROPERTY.—

1327 (d) The Board of Governors, or the board's designee, shall

1328 ensure compliance with the provisions of ~~s. 287.09451 for all~~

1329 ~~procurement and~~ ss. 255.101 and 255.102 for construction

1330 contracts, and rules adopted pursuant thereto, relating to the

1331 utilization of minority business enterprises, ~~except that~~

1332 ~~procurements costing less than the amount provided for in~~

1333 ~~CATEGORY FIVE as provided in s. 287.017 shall not be subject to~~

1334 ~~s. 287.09451.~~

1335 Section 31. This act shall take effect July 1, 2026.