CS/HB 7229

1	A bill to be entitled
2	An act relating to procurement; amending s. 287.056, F.S.;
3	deleting duplicative language relating to the option of an
4	agency to purchase commodities or contractual services
5	from a state contract; amending s. 287.057, F.S.;
6	specifying conditions for preference in award of a
7	contract under an invitation to bid; requiring the
8	inclusion of certain information in an invitation to
9	negotiate; revising requirements with respect to agency
10	avoidance, neutralization, or mitigation of potential
11	organizational conflicts of interest prior to award of a
12	contract; amending s. 287.058, F.S.; reorganizing
13	provisions; removing duplicative language; amending s.
14	287.09431, F.S.; updating obsolete references within the
15	statewide and interlocal agreement on certification of
16	business concerns for the status of minority business
17	enterprise; amending s. 287.09451, F.S.; updating obsolete
18	references within provisions relating to the Office of
19	Supplier Diversity within the Department of Management
20	Services; amending s. 287.0947, F.S.; removing obsolete
21	language and references within provisions relating to the
22	Florida Advisory Council on Small and Minority Business
23	Development; correcting a cross-reference; amending s.
24	61.1826, F.S.; conforming a cross-reference; amending s.
25	403.7061, F.S., relating to requirements for review of new
26	waste-to-energy facility capacity by the Department of
27	Environmental Protection; revising criteria with respect
28	to construction of a new waste-to-energy facility or the
29	expansion of an existing waste-to-energy facility to
30	conform to the repeal of s. 403.7065, F.S.; repealing s.
31	287.115, F.S., relating to an annual report of the Chief
32	Financial Officer on disallowed contractual service
33	contracts; repealing s. 403.7065, F.S., relating to
34	procurement of products or materials with recycled
35	content; providing an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Section 287.056, Florida Statutes, is amended
40	to read:
41	287.056  Purchases from purchasing agreements and state
42	term contracts.-
43	(1)  Agencies shall, and eligible users may, purchase
44	commodities and contractual services from purchasing agreements
45	established and state term contracts procured, pursuant to s.
46	287.057, by the department. Each agency agreement made under
47	this subsection shall include:
48	(a)  A provision specifying a scope of work that clearly
49	establishes all tasks that the contractor is required to
50	perform.
51	(b)  A provision dividing the contract into quantifiable,
52	measurable, and verifiable units of deliverables that must be
53	received and accepted in writing by the contract manager before
54	payment. Each deliverable must be directly related to the scope
55	of work and specify the required minimum level of service to be
56	performed and the criteria for evaluating the successful
57	completion of each deliverable.
58	(2)  Agencies may have the option to purchase commodities
59	or contractual services from state term contracts procured,
60	pursuant to s. 287.057, by the department.
61	(2)(3)  Agencies and eligible users may use a request for
62	quote to obtain written pricing or services information from a
63	state term contract vendor for commodities or contractual
64	services available on state term contract from that vendor. The
65	purpose of a request for quote is to determine whether a price,
66	term, or condition more favorable to the agency or eligible user
67	than that provided in the state term contract is available. Use
68	of a request for quote does not constitute a decision or
69	intended decision that is subject to protest under s. 120.57(3).
70	Section 2.  Subsections (1) and (17) of section 287.057,
71	Florida Statutes, are amended to read:
72	287.057  Procurement of commodities or contractual
73	services.-
74	(1)  The competitive solicitation processes authorized in
75	this section shall be used for procurement of commodities or
76	contractual services in excess of the threshold amount provided
77	for CATEGORY TWO in s. 287.017. Any competitive solicitation
78	shall be made available simultaneously to all vendors, must
79	include the time and date for the receipt of bids, proposals, or
80	replies and of the public opening, and must include all
81	contractual terms and conditions applicable to the procurement,
82	including the criteria to be used in determining acceptability
83	and relative merit of the bid, proposal, or reply.
84	(a)  Invitation to bid.-The invitation to bid shall be used
85	when the agency is capable of specifically defining the scope of
86	work for which a contractual service is required or when the
87	agency is capable of establishing precise specifications
88	defining the actual commodity or group of commodities required.
89	1.  All invitations to bid must include:
90	a.  A detailed description of the commodities or
91	contractual services sought; and
92	b.  If the agency contemplates renewal of the contract, a
93	statement to that effect.
94	2.  Bids submitted in response to an invitation to bid in
95	which the agency contemplates renewal of the contract must
96	include the price for each year for which the contract may be
97	renewed.
98	3.  Evaluation of bids shall include consideration of the
99	total cost for each year of the contract, including renewal
100	years, as submitted by the vendor, with preference in award
101	being given to the lowest responsive and responsible bid
102	determined to meet the requirements and criteria set forth in
103	the invitation to bid.
104	(b)  Request for proposals.-An agency shall use a request
105	for proposals when the purposes and uses for which the
106	commodity, group of commodities, or contractual service being
107	sought can be specifically defined and the agency is capable of
108	identifying necessary deliverables. Various combinations or
109	versions of commodities or contractual services may be proposed
110	by a responsive vendor to meet the specifications of the
111	solicitation document.
112	1.  Before issuing a request for proposals, the agency must
113	determine and specify in writing the reasons that procurement by
114	invitation to bid is not practicable.
115	2.  All requests for proposals must include:
116	a.  A statement describing the commodities or contractual
117	services sought;
118	b.  The relative importance of price and other evaluation
119	criteria; and
120	c.  If the agency contemplates renewal of the contract, a
121	statement to that effect.
122	3.  Criteria that will be used for evaluation of proposals
123	shall include, but are not limited to:
124	a.  Price, which must be specified in the proposal;
125	b.  If the agency contemplates renewal of the contract, the
126	price for each year for which the contract may be renewed; and
127	c.  Consideration of the total cost for each year of the
128	contract, including renewal years, as submitted by the vendor.
129	4.  The contract shall be awarded by written notice to the
130	responsible and responsive vendor whose proposal is determined
131	in writing to be the most advantageous to the state, taking into
132	consideration the price and other criteria set forth in the
133	request for proposals. The contract file shall contain
134	documentation supporting the basis on which the award is made.
135	(c)  Invitation to negotiate.-The invitation to negotiate
136	is a solicitation used by an agency which is intended to
137	determine the best method for achieving a specific goal or
138	solving a particular problem and identifies one or more
139	responsive vendors with which the agency may negotiate in order
140	to receive the best value.
141	1.  Before issuing an invitation to negotiate, the head of
142	an agency must determine and specify in writing the reasons that
143	procurement by an invitation to bid or a request for proposal is
144	not practicable.
145	2.  The invitation to negotiate must describe the questions
146	being explored, the facts being sought, and the specific goals
147	or problems that are the subject of the solicitation.
148	3.  The criteria that will be used for determining the
149	acceptability of the reply and guiding the selection of the
150	vendors with which the agency will negotiate must be specified.
151	If the agency contemplates renewal of the contract, that fact
152	must be stated in the invitation to negotiate as well as a
153	requirement that the reply must include the price for each year
154	for which the contract may be renewed.
155	4.  The agency shall evaluate replies against all
156	evaluation criteria set forth in the invitation to negotiate in
157	order to establish a competitive range of replies reasonably
158	susceptible of award. The agency may select one or more vendors
159	within the competitive range with which to commence
160	negotiations. After negotiations are conducted, the agency shall
161	award the contract to the responsible and responsive vendor that
162	the agency determines will provide the best value to the state,
163	based on the selection criteria.
164	5.  The contract file for a vendor selected through an
165	invitation to negotiate must contain a short plain statement
166	that explains the basis for the selection of the vendor and that
167	sets forth the vendor's deliverables and price, pursuant to the
168	contract, along with an explanation of how these deliverables
169	and price provide the best value to the state.
170	(17)(a)1.  Each agency must avoid, neutralize, or mitigate
171	significant potential organizational conflicts of interest
172	before a contract is awarded. If an agency identifies such
173	conflict, the agency may request the vendor to propose a
174	mitigation plan with its response to a competitive solicitation.
175	If the agency elects to mitigate the significant potential
176	organizational conflict or conflicts of interest, a an adequate
177	mitigation plan shall be developed. The plan shall include,
178	including organizational, physical, and electronic barriers,
179	shall be developed.
180	2.  If a conflict cannot be avoided or mitigated, an agency
181	may proceed with the contract award if the agency head certifies
182	that the award is in the best interests of the state. The agency
183	head must specify in writing the basis for the certification.
184	(b)1.  An agency head may not proceed with a contract award
185	under subparagraph (a)2. if a conflict of interest is based upon
186	the vendor gaining an unfair competitive advantage.
187	2.  An unfair competitive advantage exists when the vendor
188	competing for the award of a contract obtained access to
189	information that is not available to the public or source
190	selection information that is relevant to the contract but is
191	not available to all competitors and such information would
192	assist the vendor in obtaining the contract:
193	a.  Access to information that is not available to the
194	public and would assist the vendor in obtaining the contract; or
195	b.  Source selection information that is relevant to the
196	contract but is not available to all competitors and that would
197	assist the vendor in obtaining the contract.
198	(c)  Unless a mitigation plan is developed as provided in
199	paragraph (a), a person who receives a contract that has not
200	been procured pursuant to subsections (1)-(3) to perform a
201	feasibility study of the potential implementation of a
202	subsequent contract or a person who develops a program for
203	future implementation is not eligible to contract with the
204	agency for any other contracts pertaining to that specific
205	subject matter, and any firm in which such person has any
206	interest is not eligible to receive such contract.,
207	(d)  A person who participates in the drafting of a
208	solicitation or who develops a program for future
209	implementation, is not eligible to contract with the agency for
210	any other contracts dealing with that specific subject matter,
211	and any firm in which such person has any interest is not
212	eligible to receive such contract.
213	(e)  The prohibitions provided in this subsection do
214	However, this prohibition does not prevent a vendor who responds
215	to a request for information from being eligible to contract
216	with an agency.
217	Section 3.  Subsection (1) of section 287.058, Florida
218	Statutes, is amended to read:
219	287.058  Contract document.-
220	(1)(a)  Every procurement of contractual services in excess
221	of the threshold amount provided in s. 287.017 for CATEGORY TWO,
222	except for the providing of health and mental health services or
223	drugs in the examination, diagnosis, or treatment of sick or
224	injured state employees or the providing of other benefits as
225	required by the provisions of chapter 440, shall be evidenced by
226	a written agreement embodying all provisions and conditions of
227	the procurement of such services, which shall, where applicable,
228	include, but not be limited to, a provision:
229	1.(a)  That bills for fees or other compensation for
230	services or expenses be submitted in detail sufficient for a
231	proper preaudit and postaudit thereof.
232	2.(b)  That bills for any travel expenses be submitted in
233	accordance with s. 112.061. A state agency may establish rates
234	lower than the maximum provided in s. 112.061.
235	3.(c)  Allowing unilateral cancellation by the agency for
236	refusal by the contractor to allow public access to all
237	documents, papers, letters, or other material made or received
238	by the contractor in conjunction with the contract, unless the
239	records are exempt from s. 24(a) of Art. I of the State
240	Constitution and s. 119.07(1).
241	4.(d)  Specifying a scope of work that clearly establishes
242	all tasks the contractor is required to perform.
243	5.(e)  Dividing the contract into quantifiable, measurable,
244	and verifiable units of deliverables that must be received and
245	accepted in writing by the contract manager before payment. Each
246	deliverable must be directly related to the scope of work and
247	specify the required minimum level of service to be performed
248	and criteria for evaluating the successful completion of each
249	deliverable.
250	6.(f)  Specifying the criteria and the final date by which
251	such criteria must be met for completion of the contract.
252	7.(g)  Specifying that the contract may be renewed for a
253	period that may not exceed 3 years or the term of the original
254	contract, whichever period is longer, specifying the renewal
255	price for the contractual service as set forth in the bid,
256	proposal, or reply, specifying that costs for the renewal may
257	not be charged, and specifying that renewals shall be contingent
258	upon satisfactory performance evaluations by the agency and
259	subject to the availability of funds. Exceptional purchase
260	contracts pursuant to s. 287.057(3)(a) and (c) may not be
261	renewed.
262	8.(h)  Specifying the financial consequences that the
263	agency must apply if the contractor fails to perform in
264	accordance with the contract.
265	9.(i)  Addressing the property rights of any intellectual
266	property related to the contract and the specific rights of the
267	state regarding the intellectual property if the contractor
268	fails to provide the services or is no longer providing
269	services.
270	(b)  In lieu of a written agreement, the department may
271	authorize the use of a purchase order for classes of contractual
272	services, if the provisions of subparagraphs (a)1.-9. paragraphs
273	(a)-(i) are included in the purchase order or solicitation. The
274	purchase order must include, but need not be limited to, an
275	adequate description of the services, the contract period, and
276	the method of payment. In lieu of printing the provisions of
277	paragraphs (a)-(i) in the contract document or purchase order,
278	agencies may incorporate the requirements of paragraphs (a)-(i)
279	by reference.
280	Section 4.  Section 287.09431, Florida Statutes, is amended
281	to read:
282	287.09431  Statewide and interlocal agreement on
283	certification of business concerns for the status of minority
284	business enterprise.-The statewide and interlocal agreement on
285	certification of business concerns for the status of minority
286	business enterprise is hereby enacted and entered into with all
287	jurisdictions or organizations legally joining therein. If,
288	within 2 years from the date that the certification core
289	criteria are approved by the Department of Management Services
290	Department of Labor and Employment Security, the agreement
291	included herein is not executed by a majority of county and
292	municipal governing bodies that administer a minority business
293	assistance program on the effective date of this act, then the
294	Legislature shall review this agreement. It is the intent of the
295	Legislature that if the agreement is not executed by a majority
296	of the requisite governing bodies, then a statewide uniform
297	certification process should be adopted, and that said agreement
298	should be repealed and replaced by a mandatory state government
299	certification process.
300	ARTICLE I
301	PURPOSE, FINDINGS, AND POLICY.-
302	(1)  The parties to this agreement, desiring by common
303	action to establish a uniform certification process in order to
304	reduce the multiplicity of applications by business concerns to
305	state and local governmental programs for minority business
306	assistance, declare that it is the policy of each of them, on
307	the basis of cooperation with one another, to remedy social and
308	economic disadvantage suffered by certain groups, resulting in
309	their being historically underutilized in ownership and control
310	of commercial enterprises. Thus, the parties seek to address
311	this history by increasing the participation of the identified
312	groups in opportunities afforded by government procurement.
313	(2)  The parties find that the State of Florida presently
314	certifies firms for participation in the minority business
315	assistance programs of the state. The parties find further that
316	some counties, municipalities, school boards, special districts,
317	and other divisions of local government require a separate, yet
318	similar, and in most cases redundant certification in order for
319	businesses to participate in the programs sponsored by each
320	government entity.
321	(3)  The parties find further that this redundant
322	certification has proven to be unduly burdensome to the
323	minority-owned firms intended to benefit from the underlying
324	purchasing incentives.
325	(4)  The parties agree that:
326	(a)  They will facilitate integrity, stability, and
327	cooperation in the statewide and interlocal certification
328	process, and in other elements of programs established to assist
329	minority-owned businesses.
330	(b)  They shall cooperate with agencies, organizations, and
331	associations interested in certification and other elements of
332	minority business assistance.
333	(c)  It is the purpose of this agreement to provide for a
334	uniform process whereby the status of a business concern may be
335	determined in a singular review of the business information for
336	these purposes, in order to eliminate any undue expense, delay,
337	or confusion to the minority-owned businesses in seeking to
338	participate in the minority business assistance programs of
339	state and local jurisdictions.
340	ARTICLE II
341	DEFINITIONS.-As used in this agreement and contracts made
342	pursuant to it, unless the context clearly requires otherwise:
343	(1)  "Awarding organization" means any political
344	subdivision or organization authorized by law, ordinance, or
345	agreement to enter into contracts and for which the governing
346	body has entered into this agreement.
347	(2)  "Department" means the Department of Management
348	Services Department of Labor and Employment Security.
349	(3)  "Minority" means a person who is a lawful, permanent
350	resident of the state, having origins in one of the minority
351	groups as described and adopted by the Department of Management
352	Services Department of Labor and Employment Security, hereby
353	incorporated by reference.
354	(4)  "Minority business enterprise" means any small
355	business concern as defined in subsection (6) that meets all of
356	the criteria described and adopted by the Department of
357	Management Services Department of Labor and Employment Security,
358	hereby incorporated by reference.
359	(5)  "Participating state or local organization" means any
360	political subdivision of the state or organization designated by
361	such that elects to participate in the certification process
362	pursuant to this agreement, which has been approved according to
363	s. 287.0943(3) and has legally entered into this agreement.
364	(6)  "Small business concern" means an independently owned
365	and operated business concern which is of a size and type as
366	described and adopted by vote related to this agreement of the
367	commission, hereby incorporated by reference.
368	ARTICLE III
369	STATEWIDE AND INTERLOCAL CERTIFICATIONS.-
370	(1)  All awarding organizations shall accept a
371	certification granted by any participating organization which
372	has been approved according to s. 287.0943(3) and has entered
373	into this agreement, as valid status of minority business
374	enterprise.
375	(2)  A participating organization shall certify a business
376	concern that meets the definition of minority business
377	enterprise in this agreement, in accordance with the duly
378	adopted eligibility criteria.
379	(3)  All participating organizations shall issue notice of
380	certification decisions granting or denying certification to all
381	other participating organizations within 14 days of the
382	decision. Such notice may be made through electronic media.
383	(4)  No certification will be granted without an onsite
384	visit to verify ownership and control of the prospective
385	minority business enterprise, unless verification can be
386	accomplished by other methods of adequate verification or
387	assessment of ownership and control.
388	(5)  The certification of a minority business enterprise
389	pursuant to the terms of this agreement shall not be suspended,
390	revoked, or otherwise impaired except on any grounds which would
391	be sufficient for revocation or suspension of a certification in
392	the jurisdiction of the participating organization.
393	(6)  The certification determination of a party may be
394	challenged by any other participating organization by the
395	issuance of a timely written notice by the challenging
396	organization to the certifying organization's determination
397	within 10 days of receiving notice of the certification
398	decision, stating the grounds therefor.
399	(7)  The sole accepted grounds for challenge shall be the
400	failure of the certifying organization to adhere to the adopted
401	criteria or the certifying organization's rules or procedures,
402	or the perpetuation of a misrepresentation or fraud by the firm.
403	(8)  The certifying organization shall reexamine its
404	certification determination and submit written notice to the
405	applicant and the challenging organization of its findings
406	within 30 days after the receipt of the notice of challenge.
407	(9)  If the certification determination is affirmed, the
408	challenging agency may subsequently submit timely written notice
409	to the firm of its intent to revoke certification of the firm.
410	ARTICLE IV
411	APPROVED AND ACCEPTED PROGRAMS.-Nothing in this agreement
412	shall be construed to repeal or otherwise modify any ordinance,
413	law, or regulation of a party relating to the existing minority
414	business assistance provisions and procedures by which minority
415	business enterprises participate therein.
416	ARTICLE V
417	TERM.-The term of the agreement shall be 5 years, after
418	which it may be reexecuted by the parties.
419	ARTICLE VI
420	AGREEMENT EVALUATION.-The designated state and local
421	officials may meet from time to time as a group to evaluate
422	progress under the agreement, to formulate recommendations for
423	changes, or to propose a new agreement.
424	ARTICLE VII
425	OTHER ARRANGEMENTS.-Nothing in this agreement shall be
426	construed to prevent or inhibit other arrangements or practices
427	of any party in order to comply with federal law.
428	ARTICLE VIII
429	EFFECT AND WITHDRAWAL.-
430	(1)  This agreement shall become effective when properly
431	executed by a legal representative of the participating
432	organization, when enacted into the law of the state and after
433	an ordinance or other legislation is enacted into law by the
434	governing body of each participating organization. Thereafter it
435	shall become effective as to any participating organization upon
436	the enactment of this agreement by the governing body of that
437	organization.
438	(2)  Any party may withdraw from this agreement by enacting
439	legislation repealing the same, but no such withdrawal shall
440	take effect until one year after the governing body of the
441	withdrawing party has given notice in writing of the withdrawal
442	to the other parties.
443	(3)  No withdrawal shall relieve the withdrawing party of
444	any obligations imposed upon it by law.
445	ARTICLE IX
446	FINANCIAL RESPONSIBILITY.-
447	(1)  A participating organization shall not be financially
448	responsible or liable for the obligations of any other
449	participating organization related to this agreement.
450	(2)  The provisions of this agreement shall constitute
451	neither a waiver of any governmental immunity under Florida law
452	nor a waiver of any defenses of the parties under Florida law.
453	The provisions of this agreement are solely for the benefit of
454	its executors and not intended to create or grant any rights,
455	contractual or otherwise, to any person or entity.
456	ARTICLE X
457	VENUE AND GOVERNING LAW.-The obligations of the parties to
458	this agreement are performable only within the county where the
459	participating organization is located, and statewide for the
460	Office of Supplier Diversity, and venue for any legal action in
461	connection with this agreement shall lie, for any participating
462	organization except the Office of Supplier Diversity,
463	exclusively in the county where the participating organization
464	is located. This agreement shall be governed by and construed in
465	accordance with the laws and court decisions of the state.
466	ARTICLE XI
467	CONSTRUCTION AND SEVERABILITY.-This agreement shall be
468	liberally construed so as to effectuate the purposes thereof.
469	The provisions of this agreement shall be severable and if any
470	phrase, clause, sentence, or provision of this agreement is
471	declared to be contrary to the State Constitution or the United
472	States Constitution, or the application thereof to any
473	government, agency, person, or circumstance is held invalid, the
474	validity of the remainder of this agreement and the
475	applicability thereof to any government, agency, person, or
476	circumstance shall not be affected thereby. If this agreement
477	shall be held contrary to the State Constitution, the agreement
478	shall remain in full force and effect as to all severable
479	matters.
480	Section 5.  Paragraphs (h) and (o) of subsection (4) of
481	section 287.09451, Florida Statutes, are amended to read:
482	287.09451  Office of Supplier Diversity; powers, duties,
483	and functions.-
484	(4)  The Office of Supplier Diversity shall have the
485	following powers, duties, and functions:
486	(h)  To develop procedures to investigate complaints
487	against minority business enterprises or contractors alleged to
488	violate any provision related to this section or s. 287.0943,
489	that may include visits to worksites or business premises, and
490	to refer all information on businesses suspected of
491	misrepresenting minority status to the Department of Management
492	Services for investigation. When an investigation is completed
493	and there is reason to believe that a violation has occurred,
494	the Department of Labor and Employment Security shall refer the
495	matter shall be referred to the office of the Attorney General,
496	Department of Legal Affairs, for prosecution.
497	(o)1.  To establish a system to record and measure the use
498	of certified minority business enterprises in state contracting.
499	This system shall maintain information and statistics on
500	certified minority business enterprise participation, awards,
501	dollar volume of expenditures and agency goals, and other
502	appropriate types of information to analyze progress in the
503	access of certified minority business enterprises to state
504	contracts and to monitor agency compliance with this section.
505	Such reporting must include, but is not limited to, the
506	identification of all subcontracts in state contracting by
507	dollar amount and by number of subcontracts and the
508	identification of the utilization of certified minority business
509	enterprises as prime contractors and subcontractors by dollar
510	amounts of contracts and subcontracts, number of contracts and
511	subcontracts, minority status, industry, and any conditions or
512	circumstances that significantly affected the performance of
513	subcontractors. Agencies shall report their compliance with the
514	requirements of this reporting system at least annually and at
515	the request of the office. All agencies shall cooperate with the
516	office in establishing this reporting system. Except in
517	construction contracting, all agencies shall review contracts
518	costing in excess of CATEGORY FOUR as defined in s. 287.017 to
519	determine if such contracts could be divided into smaller
520	contracts to be separately solicited and awarded, and shall,
521	when economical, offer such smaller contracts to encourage
522	minority participation.
523	2.  To report agency compliance with the provisions of
524	subparagraph 1. for the preceding fiscal year to the Governor
525	and Cabinet, the President of the Senate, and the Speaker of the
526	House of Representatives, and the secretary of the Department of
527	Labor and Employment Security on or before February 1 of each
528	year. The report must contain, at a minimum, the following:
529	a.  Total expenditures of each agency by industry.
530	b.  The dollar amount and percentage of contracts awarded
531	to certified minority business enterprises by each state agency.
532	c.  The dollar amount and percentage of contracts awarded
533	indirectly to certified minority business enterprises as
534	subcontractors by each state agency.
535	d.  The total dollar amount and percentage of contracts
536	awarded to certified minority business enterprises, whether
537	directly or indirectly, as subcontractors.
538	e.  A statement and assessment of good faith efforts taken
539	by each state agency.
540	f.  A status report of agency compliance with subsection
541	(6), as determined by the Minority Business Enterprise Office.
542	Section 6.  Subsections (1), (3), (4), (5), and (6) of
543	section 287.0947, Florida Statutes, are amended to read:
544	287.0947  Florida Advisory Council on Small and Minority
545	Business Development; creation; membership; duties.-
546	(1)  On or after October 1, 1996, The Secretary of
547	Management Services the Department of Labor and Employment
548	Security may create the Florida Advisory Council on Small and
549	Minority Business Development with the purpose of advising and
550	assisting the secretary in carrying out the secretary's duties
551	with respect to minority businesses and economic and business
552	development. It is the intent of the Legislature that the
553	membership of such council include practitioners, laypersons,
554	financiers, and others with business development experience who
555	can provide invaluable insight and expertise for this state in
556	the diversification of its markets and networking of business
557	opportunities. The council shall initially consist of 19
558	persons, each of whom is or has been actively engaged in small
559	and minority business development, either in private industry,
560	in governmental service, or as a scholar of recognized
561	achievement in the study of such matters. Initially, the council
562	shall consist of members representing all regions of the state
563	and shall include at least one member from each group identified
564	within the definition of "minority person" in s. 288.703(3),
565	considering also gender and nationality subgroups, and shall
566	consist of the following:
567	(a)  Four members consisting of representatives of local
568	and federal small and minority business assistance programs or
569	community development programs.
570	(b)  Eight members composed of representatives of the
571	minority private business sector, including certified minority
572	business enterprises and minority supplier development councils,
573	among whom at least two shall be women and at least four shall
574	be minority persons.
575	(c)  Two representatives of local government, one of whom
576	shall be a representative of a large local government, and one
577	of whom shall be a representative of a small local government.
578	(d)  Two representatives from the banking and insurance
579	industry.
580	(e)  Two members from the private business sector,
581	representing the construction and commodities industries.
582	(f)  The chairperson of the Florida Black Business
583	Investment Board or the chairperson's designee.
584
585	A candidate for appointment may be considered if eligible to be
586	certified as an owner of a minority business enterprise, or if
587	otherwise qualified under the criteria above. Vacancies may be
588	filled by appointment of the secretary, in the manner of the
589	original appointment.
590	(3)  Within 30 days after its initial meeting, the council
591	shall elect from among its members a chair and a vice chair.
592	(3)(4)  The council shall meet at the call of its chair, at
593	the request of a majority of its membership, at the request of
594	the commission or its executive administrator, or at such times
595	as may be prescribed by rule, but not less than once a year, to
596	offer its views on issues related to small and minority business
597	development of concern to this state. A majority of the members
598	of the council shall constitute a quorum.
599	(4)(5)  The powers and duties of the council include, but
600	are not limited to: researching and reviewing the role of small
601	and minority businesses in the state's economy; reviewing issues
602	and emerging topics relating to small and minority business
603	economic development; studying the ability of financial markets
604	and institutions to meet small business credit needs and
605	determining the impact of government demands on credit for small
606	businesses; assessing the implementation of s. 187.201(21)
607	187.201(22), requiring a state economic development
608	comprehensive plan, as it relates to small and minority
609	businesses; assessing the reasonableness and effectiveness of
610	efforts by any state agency or by all state agencies
611	collectively to assist minority business enterprises; and
612	advising the Governor, the secretary, and the Legislature on
613	matters relating to small and minority business development
614	which are of importance to the international strategic planning
615	and activities of this state.
616	(5)(6)  On or before January 1 of each year, the council
617	shall present an annual report to the secretary that sets forth
618	in appropriate detail the business transacted by the council
619	during the year and any recommendations to the secretary,
620	including those to improve business opportunities for small and
621	minority business enterprises.
622	Section 7.  Paragraph (c) of subsection (4) of section
623	61.1826, Florida Statutes, is amended to read:
624	61.1826  Procurement of services for State Disbursement
625	Unit and the non-Title IV-D component of the State Case
626	Registry; contracts and cooperative agreements; penalties;
627	withholding payment.-
628	(4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.-The contract
629	between the Florida Association of Court Clerks and the
630	department, and cooperative agreements entered into by the
631	depositories and the department, must contain, but are not
632	limited to, the following terms:
633	(c)  Under s. 287.058(1)(a)1., all providers and
634	subcontractors shall submit to the department directly, or
635	through the Florida Association of Court Clerks, a report of
636	monthly expenditures in a format prescribed by the department
637	and in sufficient detail for a proper preaudit and postaudit
638	thereof.
639
640	If either the department or the Florida Association of Court
641	Clerks objects to a term of the standard cooperative agreement
642	or contract specified in subsections (2) and (3), the disputed
643	term or terms shall be presented jointly by the parties to the
644	Attorney General or the Attorney General's designee, who shall
645	act as special magistrate. The special magistrate shall resolve
646	the dispute in writing within 10 days. The resolution of a
647	dispute by the special magistrate is binding on the department
648	and the Florida Association of Court Clerks.
649	Section 8.  Paragraphs (e), (f), (g), and (h) of subsection
650	(3) of section 403.7061, Florida Statutes, are amended to read:
651	403.7061  Requirements for review of new waste-to-energy
652	facility capacity by the Department of Environmental
653	Protection.-
654	(3)  An applicant must provide reasonable assurance that
655	the construction of a new waste-to-energy facility or the
656	expansion of an existing waste-to-energy facility will comply
657	with the following criteria:
658	(e)  The local government in which the facility is located
659	has implemented a program to procure products or materials with
660	recycled content, pursuant to s. 403.7065.
661	(e)(f)  A program will exist in the local government in
662	which the facility is located for collecting and recycling
663	recovered material from the institutional, commercial, and
664	industrial sectors by the time the facility begins operation.
665	(f)(g)  The facility will be in compliance with applicable
666	local ordinances and with the approved state and local
667	comprehensive plans required by chapter 163.
668	(g)(h)  The facility is in substantial compliance with its
669	permit, conditions of certification, and any agreements or
670	orders resulting from environmental enforcement actions by state
671	agencies.
672	Section 9.  Section 287.115, Florida Statutes, is repealed.
673	Section 10.  Section 403.7065, Florida Statutes, is
674	repealed.
675	Section 11.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.