Florida Senate - 2011                                    SB 1574
       
       
       
       By Senator Latvala
       
       
       
       
       16-00859A-11                                          20111574__
    1                        A bill to be entitled                      
    2         An act relating to business enterprise opportunities
    3         for wartime veterans; amending s. 295.187, F.S.;
    4         revising legislative intent; renaming and revising the
    5         Florida Service-Disabled Veteran Business Enterprise
    6         Opportunity Act to expand the vendor preference in
    7         state contracting to include certain businesses owned
    8         and operated by wartime veterans; providing an
    9         effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 295.187, Florida Statutes, is amended to
   14  read:
   15         295.187 Florida Service-Disabled Veteran Business
   16  Enterprise Opportunity Act.—
   17         (1) SHORT TITLE.—This section may be cited as the “Florida
   18  Service-Disabled Veteran Business Enterprise Opportunity Act.”
   19         (2) INTENT.—It is the intent of the Legislature to rectify
   20  the economic disadvantage of service-disabled veterans, who are
   21  statistically the least likely to be self-employed when compared
   22  to the veteran population as a whole and who have made
   23  extraordinary sacrifices on behalf of the nation, the state, and
   24  the public, by providing opportunities for service-disabled
   25  veteran business enterprises as set forth in this section. The
   26  Legislature also intends to recognize wartime veterans for their
   27  sacrifices as set forth in this section.
   28         (3) DEFINITIONS.—For the purpose of this section, the term:
   29         (a) “Certified service-disabled veteran business
   30  enterprise” means a business that has been certified by the
   31  Department of Management Services to be a service-disabled
   32  veteran business enterprise as defined in paragraph (c).
   33         (b) “Service-disabled veteran” means a veteran who is a
   34  permanent Florida resident with a service-connected disability
   35  as determined by the United States Department of Veterans
   36  Affairs or who has been terminated from military service by
   37  reason of disability by the United States Department of Defense.
   38         (c) “Service-disabled Veteran business enterprise” means an
   39  independently owned and operated business that:
   40         1. Employs 200 or fewer permanent full-time employees;
   41         2. Together with its affiliates has a net worth of $5
   42  million or less or, if a sole proprietorship, has a net worth of
   43  $5 million or less including both personal and business
   44  investments;
   45         3. Is organized to engage in commercial transactions;
   46         4. Is domiciled in this state;
   47         5. Is at least 51 percent owned by one or more wartime
   48  veterans or service-disabled veterans; and
   49         6. The management and daily business operations of which
   50  are controlled by one or more wartime veterans or service
   51  disabled veterans or, for a service-disabled veteran having with
   52  a permanent and total disability, by the spouse or permanent
   53  caregiver of the veteran.
   54         (d) “Wartime veteran” means a person who served in the
   55  United States military in a combat zone and was honorably
   56  discharged.
   57         (4) VENDOR PREFERENCE.—
   58         (a) A state agency, when considering two or more bids,
   59  proposals, or replies for the procurement of commodities or
   60  contractual services, at least one of which is from a certified
   61  service-disabled veteran business enterprise, which that are
   62  equal with respect to all relevant considerations, including
   63  price, quality, and service, shall award such procurement or
   64  contract to the certified service-disabled veteran business
   65  enterprise.
   66         (b) Notwithstanding s. 287.057(11), if a service-disabled
   67  veteran business enterprise entitled to the vendor preference
   68  under this section and one or more businesses entitled to this
   69  preference or another vendor preference provided by law submit
   70  bids, proposals, or replies for procurement of commodities or
   71  contractual services which that are equal with respect to all
   72  relevant considerations, including price, quality, and service,
   73  then the state agency shall award the procurement or contract to
   74  the business having the smallest net worth.
   75         (c) Political subdivisions of the state are encouraged to
   76  offer a similar consideration to businesses certified under this
   77  section.
   78         (5) CERTIFICATION PROCEDURE.—
   79         (a) The application for certification as a service-disabled
   80  veteran business enterprise must, at a minimum, include:
   81         1. The name of the business enterprise applying for
   82  certification and the name of the service-disabled veteran
   83  submitting the application on behalf of the business enterprise.
   84         2. The names of all owners of the business enterprise,
   85  including owners who are wartime veterans, service-disabled
   86  veterans, and owners who are not a wartime veteran or a service
   87  disabled veteran veterans, and the percentage of ownership
   88  interest held by each owner.
   89         3. The names of all persons involved in both the management
   90  and daily operations of the business, including the spouse or
   91  permanent caregiver of a veteran who has with a permanent and
   92  total disability.
   93         4. The service-connected disability rating of all persons
   94  listed under subparagraphs 1., 2., and 3., as applicable, with
   95  supporting documentation from the United States Department of
   96  Veterans Affairs or the United States Department of Defense.
   97         5. Documentation of the wartime service of all persons
   98  listed under subparagraphs 1., 2., and 3., as applicable, from
   99  the United States Department of Veterans Affairs or the United
  100  States Department of Defense.
  101         6.5. The number of permanent full-time employees.
  102         7.6. The location of the business headquarters.
  103         8.7. The total net worth of the business enterprise and its
  104  affiliates. In the case of a sole proprietorship, the net worth
  105  includes personal and business investments.
  106         (b) To maintain certification, a service-disabled veteran
  107  business enterprise shall renew its certification biennially.
  108         (c) The provisions of Chapter 120, relating to application,
  109  denial, and revocation procedures, applies shall apply to
  110  certifications under this section.
  111         (d) A certified service-disabled veteran business
  112  enterprise must notify the Department of Management Services
  113  within 30 business days after any event that may significantly
  114  affect the certification of the business, including, but not
  115  limited to, a change in ownership or change in management and
  116  daily business operations.
  117         (e) The certification of a service-disabled veteran
  118  business enterprise shall be revoked for 12 months if the
  119  Department of Management Services determines that the business
  120  enterprise violated paragraph (d). An owner of a certified
  121  service-disabled veteran business enterprise whose certification
  122  is revoked may is not permitted to reapply for certification
  123  under this section as an owner of any business enterprise during
  124  the 12-month revocation period.
  125         1. During the 12-month revocation period, a service
  126  disabled veteran business enterprise whose certification has
  127  been revoked may bid on state contracts but is not eligible for
  128  any preference available under this section.
  129         2. A service-disabled veteran business enterprise whose
  130  certification has been revoked may apply for certification at
  131  the conclusion of the 12-month revocation period by complying
  132  with requirements applicable to initial certifications.
  133         (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The
  134  department shall:
  135         (a) Assist the Department of Management Services in
  136  establishing a certification procedure, which shall be reviewed
  137  biennially and updated as necessary.
  138         (b) Identify eligible service-disabled veteran business
  139  enterprises by any electronic means, including electronic mail
  140  or Internet website, or by any other reasonable means.
  141         (c) Encourage and assist eligible service-disabled veteran
  142  business enterprises to apply for certification under this
  143  section.
  144         (d) Provide information regarding services that are
  145  available from the Office of Veterans’ Business Outreach of the
  146  Florida Small Business Development Center to service-disabled
  147  veteran business enterprises.
  148         (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.—The
  149  department shall:
  150         (a) With assistance from the Department of Veterans’
  151  Affairs, establish a certification procedure, which shall be
  152  reviewed biennially and updated as necessary.
  153         (b) Grant, deny, or revoke the certification of a service
  154  disabled veteran business enterprise under this section.
  155         (c) Maintain an electronic directory of certified service
  156  disabled veteran business enterprises for use by the state,
  157  political subdivisions of the state, and the public.
  158         (8) REPORT.—The Small Business Development Center shall
  159  include in its report required by s. 288.705 the percentage of
  160  certified service-disabled veteran business enterprises using
  161  the statewide contracts register.
  162         (9) RULES.—The Department of Veterans’ Affairs and the
  163  Department of Management Services, as appropriate, may adopt
  164  rules as necessary to administer this section.
  165         Section 2. This act shall take effect July 1, 2011.