HB 221

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 or veterans of a
9	period of war; providing an 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
14	to 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 and
27	veterans of a period of war for their sacrifices as set forth in
28	this section.
29	(3)  DEFINITIONS.-For the purpose of this section, the
30	term:
31	(a)  "Certified service-disabled veteran business
32	enterprise" means a business that has been certified by the
33	Department of Management Services to be a service-disabled
34	veteran business enterprise as defined in paragraph (c).
35	(b)  "Service-disabled veteran" means a veteran who is a
36	permanent Florida resident with a service-connected disability
37	as determined by the United States Department of Veterans
38	Affairs or who has been terminated from military service by
39	reason of disability by the United States Department of Defense.
40	(c)  "Service-disabled Veteran business enterprise" means
41	an independently owned and operated business that:
42	1.  Employs 200 or fewer permanent full-time employees;
43	2.  Together with its affiliates has a net worth of $5
44	million or less or, if a sole proprietorship, has a net worth of
45	$5 million or less including both personal and business
46	investments;
47	3.  Is organized to engage in commercial transactions;
48	4.  Is domiciled in this state;
49	5.  Is at least 51 percent owned by one or more wartime
50	veterans or service-disabled veterans; and
51	6.  The management and daily business operations of which
52	are controlled by one or more wartime veterans or service-
53	disabled veterans or, for a service-disabled veteran having with
54	a permanent and total disability, by the spouse or permanent
55	caregiver of the veteran.
56	(d)  "Wartime veteran" means:
57	1.  A wartime veteran as defined in s. 1.01(14); or
58	2.  A veteran of a period of war, as used in 38 U.S.C. s.
59	1521, who served in the active military, naval, or air service:
60	a.  For 90 days or more during a period of war;
61	b.  During a period of war and was discharged or released
62	from such service for a service-connected disability;
63	c.  For a period of 90 consecutive days or more and such
64	period began or ended during a period of war; or
65	d.  For an aggregate of 90 days or more in two or more
66	separate periods of service during more than one period of war.
67	(4)  VENDOR PREFERENCE.-
68	(a)  A state agency, when considering two or more bids,
69	proposals, or replies for the procurement of commodities or
70	contractual services, at least one of which is from a certified
71	service-disabled veteran business enterprise, which that are
72	equal with respect to all relevant considerations, including
73	price, quality, and service, shall award such procurement or
74	contract to the certified service-disabled veteran business
75	enterprise.
76	(b)  Notwithstanding s. 287.057(11), if a service-disabled
77	veteran business enterprise entitled to the vendor preference
78	under this section and one or more businesses entitled to this
79	preference or another vendor preference provided by law submit
80	bids, proposals, or replies for procurement of commodities or
81	contractual services which that are equal with respect to all
82	relevant considerations, including price, quality, and service,
83	then the state agency shall award the procurement or contract to
84	the business having the smallest net worth.
85	(c)  Political subdivisions of the state are encouraged to
86	offer a similar consideration to businesses certified under this
87	section.
88	(5)  CERTIFICATION PROCEDURE.-
89	(a)  The application for certification as a service-
90	disabled veteran business enterprise must, at a minimum,
91	include:
92	1.  The name of the business enterprise applying for
93	certification and the name of the service-disabled veteran
94	submitting the application on behalf of the business enterprise.
95	2.  The names of all owners of the business enterprise,
96	including owners who are wartime veterans, service-disabled
97	veterans, and owners who are not a wartime veteran or a service-
98	disabled veteran veterans, and the percentage of ownership
99	interest held by each owner.
100	3.  The names of all persons involved in both the
101	management and daily operations of the business, including the
102	spouse or permanent caregiver of a veteran who has with a
103	permanent and total disability.
104	4.  The service-connected disability rating of all persons
105	listed under subparagraphs 1., 2., and 3., as applicable, with
106	supporting documentation from the United States Department of
107	Veterans Affairs or the United States Department of Defense.
108	5.  Documentation of the wartime service of all persons
109	listed under subparagraphs 1., 2., and 3., as applicable, from
110	the United States Department of Veterans Affairs or the United
111	States Department of Defense.
112	6.5.  The number of permanent full-time employees.
113	7.6.  The location of the business headquarters.
114	8.7.  The total net worth of the business enterprise and
115	its affiliates. In the case of a sole proprietorship, the net
116	worth includes personal and business investments.
117	(b)  To maintain certification, a service-disabled veteran
118	business enterprise shall renew its certification biennially.
119	(c)  The provisions of Chapter 120, relating to
120	application, denial, and revocation procedures, applies shall
121	apply to certifications under this section.
122	(d)  A certified service-disabled veteran business
123	enterprise must notify the Department of Management Services
124	within 30 business days after any event that may significantly
125	affect the certification of the business, including, but not
126	limited to, a change in ownership or change in management and
127	daily business operations.
128	(e)  The certification of a service-disabled veteran
129	business enterprise shall be revoked for 12 months if the
130	Department of Management Services determines that the business
131	enterprise violated paragraph (d). An owner of a certified
132	service-disabled veteran business enterprise whose certification
133	is revoked may is not permitted to reapply for certification
134	under this section as an owner of any business enterprise during
135	the 12-month revocation period.
136	1.  During the 12-month revocation period, a service-
137	disabled veteran business enterprise whose certification has
138	been revoked may bid on state contracts but is not eligible for
139	any preference available under this section.
140	2.  A service-disabled veteran business enterprise whose
141	certification has been revoked may apply for certification at
142	the conclusion of the 12-month revocation period by complying
143	with requirements applicable to initial certifications.
144	(6)  DUTIES OF THE DEPARTMENT OF VETERANS' AFFAIRS.-The
145	department shall:
146	(a)  Assist the Department of Management Services in
147	establishing a certification procedure, which shall be reviewed
148	biennially and updated as necessary.
149	(b)  Identify eligible service-disabled veteran business
150	enterprises by any electronic means, including electronic mail
151	or Internet website, or by any other reasonable means.
152	(c)  Encourage and assist eligible service-disabled veteran
153	business enterprises to apply for certification under this
154	section.
155	(d)  Provide information regarding services that are
156	available from the Office of Veterans' Business Outreach of the
157	Florida Small Business Development Center to service-disabled
158	veteran business enterprises.
159	(7)  DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.-The
160	department shall:
161	(a)  With assistance from the Department of Veterans'
162	Affairs, establish a certification procedure, which shall be
163	reviewed biennially and updated as necessary.
164	(b)  Grant, deny, or revoke the certification of a service-
165	disabled veteran business enterprise under this section.
166	(c)  Maintain an electronic directory of certified service-
167	disabled veteran business enterprises for use by the state,
168	political subdivisions of the state, and the public.
169	(8)  REPORT.-The Small Business Development Center shall
170	include in its report required by s. 288.705 the percentage of
171	certified service-disabled veteran business enterprises using
172	the statewide contracts register.
173	(9)  RULES.-The Department of Veterans' Affairs and the
174	Department of Management Services, as appropriate, may adopt
175	rules as necessary to administer this section.
176	Section 2.  This act shall take effect July 1, 2012.

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