Diversity, Equity, and Inclusion and Affirmative Action

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A bill to be entitled 1
An act relating to diversity, equity, and inclusion 2
and affirmative action; amending s. 16.71, F.S.; 3
removing a requirement that the Governor consider 4
certain appointees; repealing s. 24.113, F.S., 5
relating to minority participation for lottery 6
retailers; amending s. 110.112, F.S.; providing for 7
equal employment opportunity; prohibiting a hiring 8
manager from engaging in certain employment practices; 9
authorizing certain persons to file complaints with 10
the Attorney General; amending s. 110.605, F.S.; 11
revising the personnel rules of the Department of 12
Management Services; repealing ss. 255.101 and 13
255.102, F.S., relating to contracts for public 14
construction works and utilization of minority 15
business enterprises, respectively; amending s. 16
287.042, F.S.; revising the powers, duties, and 17
functions of the department relating to commodities, 18
insurance, and contractual services; amending s. 19
287.055, F.S.; revising public announcement and 20
qualification procedures and competitive selection 21
requirements; amending s. 287.057, F.S.; revising 22
provisions relating to procurement of commodities or 23
contractual services; repealing ss. 287.093, 287.0931, 24
287.094, 287.0943, and 287.09431, F.S., relating to 25

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minority business enterprises and programs; amending 26
s. 287.09451, F.S.; renaming the Office of Supplier 27
Diversity as the Office of Supplier Development; 28
repealing s. 287.0947, F.S., relating to the Florida 29
Advisory Council on Small and Minority Business 30
Development; repealing s. 288.1167, F.S., relating to 31
sports franchise contract provisions for food and 32
beverage concession and contract awards to minority 33
business enterprises; amending ss. 288.703 and 34
409.920, F.S.; revising definitions; repealing s. 35
395.807, F.S., relating to retention of family 36
practice residents; repealing s. 420.622, F.S., 37
relating to the State Office on Homelessness and 38
Council on Homelessness; amending s. 445.007, F.S.; 39
removing requirements that minority and gender 40
representation be considered when making appointments 41
to a local workforce development board; amending s. 42
473.3065, F.S.; renaming the Public Accountant 43
Education Minority Assistance Advisory Council as the 44
Public Accountant Education Opportunity Assistance 45
Advisory Council; revising the selection and 46
eligibility criteria for receipt of the Clay Ford 47
Scholarship Program; revising the selection and 48
eligibility criteria for appointment to the council; 49
amending s. 489.111, F.S.; removing requirement that a 50

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sensitivity review committee be established; repealing 51
s. 641.217, F.S., relating to minority recruitment and 52
retention plans; repealing s. 760.80, F.S., relating 53
to minority representation on boards, commissions, 54
councils, and committees; redesignating part V of ch. 55
760, F.S., as part IV to conform to changes made by 56
the act; amending ss. 17.11, 20.60, 43.16, 110.105, 57
110.211, 187.201, 212.096, 215.971, 255.20, 282.201, 58
282.709, 286.101, 287.012, 287.0571, 287.059, 59
288.0001, 288.001, 288.0065, 288.12266, 288.1229, 60
288.124, 288.7015, 288.7031, 288.706, 288.776, 61
290.004, 290.0056, 290.0057, 290.046, 295.187, 320.63, 62
337.11, 339.63, 376.3072, 376.84, 381.986, 383.216, 63
394.47865, 402.7305, 408.045, 409.901, 430.502, 64
440.45, 446.041, 570.07, 616.255, 616.256, 627.351, 65
627.3511, 1001.216, 1001.706, 1004.42, 1004.435, and 66
1013.46, F.S.; conforming cross-references and 67
provisions to changes made by the act; providing an 68
effective date. 69
70
Be It Enacted by the Legislature of the State of Florida: 71
72
Section 1. Paragraph (a) of subsection (2) of section 73
16.71, Florida Statutes, is amended to read: 74
16.71 Florida Gaming Control Commission; creation; 75

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meetings; membership.— 76
(2) MEMBERSHIP.— 77
(a) The commission shall consist of five members appointed 78
by the Governor, and subject to confirmation by the Senate, for 79
terms of 4 years. Members of the commission must be appointed by 80
January 1, 2022. The Governor shall consider appointees who 81
reflect Florida's racial, ethnic, and gender diversity. Of the 82
initial five members appointed by the Governor, and immediately 83
upon appointment, the Governor shall appoint one of the members 84
as the initial chair and one of the members as the initial vice 85
chair. At the end of the initial chair's and vice chair's terms 86
pursuant to subparagraph 1., the commission shall elect one of 87
the members of the commission as chair and one of the members of 88
the commission as vice chair. 89
1. For the purpose of providing staggered terms, of the 90
initial appointments, two members shall be appointed to 4-year 91
terms, two members shall be appointed to 3-year terms, and one 92
member shall be appointed to a 2-year term. 93
2. Of the five members, at least one member must have at 94
least 10 years of experience in law enforcement and criminal 95
investigations, at least one member must be a certified public 96
accountant licensed in this state with at least 10 years of 97
experience in accounting and auditing, and at least one member 98
must be an attorney admitted and authorized to practice law in 99
this state for at least the preceding 10 years. 100

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Section 2. Subsection (2) of section 17.11, Florida 101
Statutes, is amended to read: 102
17.11 To report disbursements made.— 103
(2) The Chief Financial Officer shall also cause to have 104
reported from the Florida Accounting Information Resource 105
Subsystem no less than quarterly the disbursements which 106
agencies made to small businesses, as defined in s. 288.703 the 107
Florida Small and Minority Business Assistance Act; to certified 108
minority business enterprises in the aggregate; and to certified 109
minority business enterprises broken down into categories of 110
minority persons, as well as gender and nationality subgroups. 111
This information shall be made available to the agencies, the 112
Office of Supplier Development Diversity, the Governor, the 113
President of the Senate, and the Speaker of the House of 114
Representatives. Each agency shall be responsible for the 115
accuracy of information entered into the Florida Accounting 116
Information Resource Subsystem for use in this reporting. 117
Section 3. Paragraphs (e) and (k) of subsection (4) and 118
paragraph (a) of subsection (5) of section 20.60, Florida 119
Statutes, are amended to read: 120
20.60 Department of Commerce; creation; powers and 121
duties.— 122
(4) The purpose of the department is to assist the 123
Governor in working with the Legislature, state agencies, 124
business leaders, and economic development professionals to 125

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formulate and implement coherent and consistent policies and 126
strategies designed to promote economic opportunities for all 127
Floridians. The department is the state's chief agency for 128
business recruitment and expansion and economic development. To 129
accomplish such purposes, the department shall: 130
(e) Manage the activities of public-private partnerships 131
and state agencies in order to avoid duplication and promote 132
coordinated and consistent implementation of programs in areas 133
including, but not limited to, tourism; international trade and 134
investment; business recruitment, creation, retention, and 135
expansion; minority and small business development; defense, 136
space, and aerospace development; rural community development; 137
and the development and promotion of professional and amateur 138
sporting events. 139
(k) Assist, promote, and enhance economic opportunities 140
for this state's minority-owned businesses and rural and urban 141
communities. 142
(5) The divisions within the department have specific 143
responsibilities to achieve the duties, responsibilities, and 144
goals of the department. Specifically: 145
(a) The Division of Economic Development shall: 146
1. Analyze and evaluate business prospects identified by 147
the Governor and the secretary. 148
2. Administer certain tax refund, tax credit, and grant 149
programs created in law. Notwithstanding any other provision of 150

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law, the department may expend interest earned from the 151
investment of program funds deposited in the Grants and 152
Donations Trust Fund to contract for the administration of those 153
programs, or portions of the programs, assigned to the 154
department by law, by the appropriations process, or by the 155
Governor. Such expenditures shall be subject to review under 156
chapter 216. 157
3. Develop measurement protocols for the state incentive 158
programs and for the contracted entities which will be used to 159
determine their performance and competitive value to the state. 160
Performance measures, benchmarks, and sanctions must be 161
developed in consultation with the legislative appropriations 162
committees and the appropriate substantive committees, and are 163
subject to the review and approval process provided in s. 164
216.177. The approved performance measures, standards, and 165
sanctions shall be included and made a part of the strategic 166
plan for contracts entered into for delivery of programs 167
authorized by this section. 168
4. Develop a 5-year statewide strategic plan. The 169
strategic plan must include, but need not be limited to: 170
a. Strategies for the promotion of business formation, 171
expansion, recruitment, and retention through aggressive 172
marketing, attraction of venture capital and finance 173
development, domestic trade, international development, and 174
export assistance, which lead to more and better jobs and higher 175

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wages for all geographic regions, disadvantaged communities, and 176
populations of the state, including rural areas, minority 177
businesses, and urban core areas. 178
b. The development of realistic policies and programs to 179
further the economic diversity of the state, its regions, and 180
their associated industrial clusters. 181
c. Specific provisions for the stimulation of economic 182
development and job creation in rural areas and midsize cities 183
and counties of the state, including strategies for rural 184
marketing and the development of infrastructure in rural areas. 185
d. Provisions for the promotion of the successful long-186
term economic development of the state with increased emphasis 187
in market research and information. 188
e. Plans for the generation of foreign investment in the 189
state which create jobs paying above-average wages and which 190
result in reverse investment in the state, including programs 191
that establish viable overseas markets, assist in meeting the 192
financing requirements of export-ready firms, broaden 193
opportunities for international joint venture relationships, use 194
the resources of academic and other institutions, coordinate 195
trade assistance and facilitation services, and facilitate 196
availability of and access to education and training programs 197
that assure requisite skills and competencies necessary to 198
compete successfully in the global marketplace. 199
f. The identification of business sectors that are of 200

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current or future importance to the state's economy and to the 201
state's global business image, and development of specific 202
strategies to promote the development of such sectors. 203
g. Strategies for talent development necessary in the 204
state to encourage economic development growth, taking into 205
account factors such as the state's talent supply chain, 206
education and training opportunities, and available workforce. 207
h. Strategies and plans to support this state's defense, 208
space, and aerospace industries and the emerging complementary 209
business activities and industries that support the development 210
and growth of defense, space, and aerospace in this state. 211
5. Update the strategic plan every 5 years. 212
6. Involve CareerSource Florida, Inc.; direct-support 213
organizations of the department; local governments; the general 214
public; local and regional economic development organizations; 215
other local, state, and federal economic, international, and 216
workforce development entities; the business community; and 217
educational institutions to assist with the strategic plan. 218
7. Coordinate with the Florida Tourism Industry Marketing 219
Corporation in the development of the 4-year marketing plan 220
pursuant to s. 288.1226(13). 221
8. Administer and manage relationships, as appropriate, 222
with the entities and programs created pursuant to the Florida 223
Capital Formation Act, ss. 288.9621-288.96255. 224
Section 4. Section 24.113, Florida Statutes, is repealed. 225

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Section 5. Subsection (1) of section 43.16, Florida 226
Statutes, is amended to read: 227
43.16 Justice Administrative Commission; membership, 228
powers and duties.— 229
(1) There is hereby created a Justice Administrative 230
Commission, with headquarters located in the state capital. The 231
necessary office space for use of the commission shall be 232
furnished by the proper state agency in charge of state 233
buildings. For purposes of the fees imposed on agencies pursuant 234
to s. 287.057(22) s. 287.057(24), the Justice Administrative 235
Commission shall be exempt from such fees. 236
Section 6. Subsection (1) of section 110.105, Florida 237
Statutes, is amended to read: 238
110.105 Employment policy of the state.— 239
(1) It is the purpose of this chapter to establish a 240
system of personnel management. This system shall provide means 241
to recruit, select, train, develop, and maintain an effective 242
and responsible workforce and shall include policies and 243
procedures for employee hiring and advancement, training and 244
career development, position classification, salary 245
administration, benefits, discipline, discharge, employee 246
performance evaluations, affirmative action, and other related 247
activities. 248
Section 7. Section 110.112, Florida Statutes, is amended 249
to read: 250

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110.112 Affirmative action; Equal employment opportunity.— 251
(1) It is the policy of this state to provide equal 252
opportunities in employment. Discrimination in employment 253
because of race, gender, creed, color, or national origin is 254
prohibited. Executive agencies may not use racial or gender set-255
asides, preferences, or quotas when making decisions regarding 256
the hiring, retention, or promotion of a state employee assist 257
in providing the assurance of equal employment opportunity 258
through programs of affirmative and positive action that will 259
allow full utilization of women, minorities, and individuals who 260
have a disability. 261
(2)(a) The head of each executive agency shall develop and 262
implement an affirmative action plan in accordance with rules 263
adopted by the department and approved by a majority vote of the 264
Administration Commission before their adoption. 265
(b) Each executive agency shall establish annual goals for 266
ensuring full utilization of groups underrepresented in the 267
agency's workforce, including women, minorities, and individuals 268
who have a disability, as compared to the relevant labor market, 269
as defined by the agency. Each executive agency shall design its 270
affirmative action plan to meet its established goals. 271
(c) Each executive agency shall annually report to the 272
department regarding the agency's progress toward increasing 273
employment among women, minorities, and individuals who have a 274
disability. 275

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(d) An affirmative action-equal employment opportunity 276
officer shall be appointed by the head of each executive agency. 277
The affirmative action-equal employment opportunity officer's 278
responsibilities must include determining annual goals, 279
monitoring agency compliance, and providing consultation to 280
managers regarding progress, deficiencies, and appropriate 281
corrective action. 282
(e) The department shall report information in its annual 283
workforce report relating to the implementation, continuance, 284
updating, and results of each executive agency's affirmative 285
action plan for the previous fiscal year. The annual workforce 286
report must also include data for each executive agency relating 287
to employment levels among women, minorities, and individuals 288
who have a disability. 289
(f) The department shall provide to all supervisory 290
personnel of the executive agencies training in the principles 291
of equal employment opportunity and affirmative action, the 292
development and implementation of affirmative action plans, and 293
the establishment of annual affirmative action goals. The 294
department may contract for training services, and each 295
participating agency shall reimburse the department for costs 296
incurred through such contract. After the department approves 297
the contents of the training program for the agencies, the 298
department may delegate this training to the executive agencies. 299
(2)(3)(a) The department, in consultation with the Agency 300

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for Persons with Disabilities, the Division of Vocational 301
Rehabilitation and the Division of Blind Services of the 302
Department of Education, the Department of Commerce, and the 303
Executive Office of the Governor, shall develop and implement 304
programs that incorporate internships, mentoring, on-the-job 305
training, unpaid work experience, situational assessments, and 306
other innovative strategies that are specifically geared toward 307
individuals who have a disability. 308
(b) By January 1, 2017, the department shall develop 309
mandatory training programs for human resources personnel and 310
hiring managers of executive agencies which support the 311
employment of individuals who have a disability. 312
(c)1. By January 1, 2017, each executive agency shall 313
develop an agency-specific plan that addresses how to promote 314
employment opportunities for individuals who have a disability. 315
2. The department shall assist executive agencies in the 316
implementation of agency-specific plans. The department shall 317
regularly report to the Governor, the President of the Senate, 318
and the Speaker of the House of Representatives the progress of 319
executive agencies in implementing these plans. Such reports 320
shall be made at least biannually. 321
(d) The department shall compile data regarding the hiring 322
practices of executive agencies with regard to individuals who 323
have a disability and make such data available on its website. 324
(e) The department shall assist executive agencies in 325

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identifying and implementing strategies for retaining employees 326
who have a disability which include, but are not limited to, 327
training programs, funding reasonable accommodations, increasing 328
access to appropriate technologies, and ensuring accessibility 329
of physical and virtual workplaces. 330
(f) The department shall adopt rules relating to forms 331
that provide for the voluntary self-identification of 332
individuals who have a disability and are employed by an 333
executive agency. 334
(g) This subsection does not create any substantive or 335
procedural right or benefit enforceable at law or in equity 336
against the state or a state agency, or an officer, employee, or 337
agent thereof. 338
(4) Each state attorney and public defender shall: 339
(a) Develop and implement an affirmative action plan. 340
(b) Establish annual goals for ensuring full utilization 341
of groups underrepresented in its workforce as compared to the 342
relevant labor market in this state. The state attorneys' and 343
public defenders' affirmative action plans must be designed to 344
meet the established goals. 345
(c) Appoint an affirmative action-equal employment 346
opportunity officer. 347
(3)(5) The state and, its agencies and officers shall 348
ensure freedom from discrimination in employment as provided by 349
the Florida Civil Rights Act of 1992, by s. 112.044, and by this 350

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chapter. 351
(4)(6) Any individual claiming to be aggrieved by an 352
unlawful employment practice may file a complaint with the 353
Florida Commission on Human Relations or the Attorney General as 354
provided by s. 760.11. 355
(5)(7) The department shall review and monitor executive 356
agency actions in carrying out the rules adopted by the 357
department pursuant to this section. 358
Section 8. Subsections (1) and (4) of section 110.211, 359
Florida Statutes, are amended to read: 360
110.211 Recruitment.— 361
(1) Recruiting shall be planned and carried out in a 362
manner that assures open competition based upon current and 363
projected employing agency needs, taking into consideration the 364
number and types of positions to be filled and the labor market 365
conditions, with special emphasis placed on recruiting efforts 366
to attract minorities, women, or other groups that are 367
underrepresented in the workforce of the employing agency. 368
(4) All recruitment literature involving state position 369
vacancies shall contain the phrase "An Equal Opportunity 370
Employer/Affirmative Action Employer." 371
Section 9. Paragraph (d) of subsection (1) of section 372
110.605, Florida Statutes, is amended to read: 373
110.605 Powers and duties; personnel rules, records, 374
reports, and performance appraisal.— 375

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(1) The department shall adopt and administer uniform 376
personnel rules, records, and reports relating to employees and 377
positions in the Selected Exempt Service, as well as any other 378
rules and procedures relating to personnel administration which 379
are necessary to carry out the purposes of this part. 380
(d) The department shall develop a program of affirmative 381
and positive actions that will ensure full utilization of women 382
and minorities in Selected Exempt Service positions. 383
Section 10. Paragraph (b) of subsection (21) of section 384
187.201, Florida Statutes, is amended to read: 385
187.201 State Comprehensive Plan adopted.—The Legislature 386
hereby adopts as the State Comprehensive Plan the following 387
specific goals and policies: 388
(21) THE ECONOMY.— 389
(b) Policies.— 390
1. Attract new job-producing industries, corporate 391
headquarters, distribution and service centers, regional 392
offices, and research and development facilities to provide 393
quality employment for the residents of Florida. 394
2. Promote entrepreneurship and small and minority-owned 395
business startups startup by providing technical and information 396
resources, facilitating capital formation, and removing 397
regulatory restraints which are unnecessary for the protection 398
of consumers and society. 399
3. Maintain, as one of the state's primary economic 400

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assets, the environment, including clean air and water, beaches, 401
forests, historic landmarks, and agricultural and natural 402
resources. 403
4. Strengthen Florida's position in the world economy 404
through attracting foreign investment and promoting 405
international banking and trade. 406
5. Build on the state's attractiveness to make it a leader 407
in the visual and performing arts and in all phases of film, 408
television, and recording production. 409
6. Promote economic development for Florida residents 410
through partnerships among education, business, industry, 411
agriculture, and the arts. 412
7. Provide increased opportunities for training Florida's 413
workforce to provide skilled employees for new and expanding 414
business. 415
8. Promote economic self-sufficiency through training and 416
educational programs which result in productive employment. 417
9. Promote cooperative employment arrangements between 418
private employers and public sector employment efforts to 419
provide productive, permanent employment opportunities for 420
public assistance recipients through provisions of education 421
opportunities, tax incentives, and employment training. 422
10. Provide for nondiscriminatory employment 423
opportunities. 424
11. Provide quality child day care for public assistance 425

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families and others who need it in order to work. 426
12. Encourage the development of a business climate that 427
provides opportunities for the growth and expansion of existing 428
state industries, particularly those industries which are 429
compatible with Florida's environment. 430
13. Promote coordination among Florida's ports to increase 431
their utilization. 432
14. Encourage the full utilization by businesses of the 433
economic development enhancement programs implemented by the 434
Legislature for the purpose of extensively involving private 435
businesses in the development and expansion of permanent job 436
opportunities, especially for the economically disadvantaged, 437
through the utilization of enterprise zones, community 438
development corporations, and other programs designed to enhance 439
economic and employment opportunities. 440
Section 11. Paragraph (g) of subsection (3) of section 441
212.096, Florida Statutes, is amended to read: 442
212.096 Sales, rental, storage, use tax; enterprise zone 443
jobs credit against sales tax.— 444
(3) In order to claim this credit, an eligible business 445
must file under oath with the governing body or enterprise zone 446
development agency having jurisdiction over the enterprise zone 447
where the business is located, as applicable, a statement which 448
includes: 449
(g) Whether the business is a small business as defined in 450

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s. 288.703 by s. 288.703(6). 451
Section 12. Paragraph (a) of subsection (2) of section 452
215.971, Florida Statutes, is amended to read: 453
215.971 Agreements funded with federal or state 454
assistance.— 455
(2) For each agreement funded with federal or state 456
financial assistance, the state agency shall designate an 457
employee to function as a grant manager who shall be responsible 458
for enforcing performance of the agreement's terms and 459
conditions and who shall serve as a liaison with the recipient 460
or subrecipient. 461
(a)1. Each grant manager who is responsible for agreements 462
in excess of the threshold amount for CATEGORY TWO under s. 463
287.017 must, at a minimum, complete training conducted by the 464
Chief Financial Officer for accountability in contracts and 465
grant management. 466
2. Effective December 1, 2014, each grant manager 467
responsible for agreements in excess of $100,000 annually must 468
complete the training and become a certified contract manager as 469
provided under s. 287.057(13) s. 287.057(15). All grant managers 470
must become certified contract managers within 24 months after 471
establishment of the training and certification requirements by 472
the Department of Management Services and the Department of 473
Financial Services. 474
Section 13. Sections 255.101 and 255.102, Florida 475

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Statutes, are repealed. 476
Section 14. Paragraph (c) of subsection (1) of section 477
255.20, Florida Statutes, is amended to read: 478
255.20 Local bids and contracts for public construction 479
works; specification of state-produced lumber.— 480
(1) A county, municipality, special district as defined in 481
chapter 189, or other political subdivision of the state seeking 482
to construct or improve a public building, structure, or other 483
public construction works must competitively award to an 484
appropriately licensed contractor each project that is estimated 485
to cost more than $300,000. For electrical work, the local 486
government must competitively award to an appropriately licensed 487
contractor each project that is estimated to cost more than 488
$75,000. As used in this section, the term "competitively award" 489
means to award contracts based on the submission of sealed bids, 490
proposals submitted in response to a request for proposal, 491
proposals submitted in response to a request for qualifications, 492
or proposals submitted for competitive negotiation. This 493
subsection expressly allows contracts for construction 494
management services, design/build contracts, continuation 495
contracts based on unit prices, and any other contract 496
arrangement with a private sector contractor permitted by any 497
applicable municipal or county ordinance, by district 498
resolution, or by state law. For purposes of this section, cost 499
includes employee compensation and benefits, except inmate 500

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labor, the cost of equipment and maintenance, insurance costs, 501
and the cost of direct materials to be used in the construction 502
of the project, including materials purchased by the local 503
government, and other direct costs, plus a factor of 20 percent 504
for management, overhead, and other indirect costs. Subject to 505
the provisions of subsection (3), the county, municipality, 506
special district, or other political subdivision may establish, 507
by municipal or county ordinance or special district resolution, 508
procedures for conducting the bidding process. 509
(c) The provisions of this subsection do not apply: 510
1. If the project is undertaken to replace, reconstruct, 511
or repair an existing public building, structure, or other 512
public construction works damaged or destroyed by a sudden 513
unexpected turn of events such as an act of God, riot, fire, 514
flood, accident, or other urgent circumstances, and such damage 515
or destruction creates: 516
a. An immediate danger to the public health or safety; 517
b. Other loss to public or private property which requires 518
emergency government action; or 519
c. An interruption of an essential governmental service. 520
2. If, after notice by publication in accordance with the 521
applicable ordinance or resolution, the governmental entity does 522
not receive any responsive bids or proposals. 523
3. To construction, remodeling, repair, or improvement to 524
a public electric or gas utility system if such work on the 525

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public utility system is performed by personnel of the system. 526
4. To construction, remodeling, repair, or improvement by 527
a utility commission whose major contracts are to construct and 528
operate a public electric utility system. 529
5. If the project is undertaken as repair or maintenance 530
of an existing public facility. For the purposes of this 531
paragraph, the term "repair" means a corrective action to 532
restore an existing public facility to a safe and functional 533
condition and the term "maintenance" means a preventive or 534
corrective action to maintain an existing public facility in an 535
operational state or to preserve the facility from failure or 536
decline. Repair or maintenance includes activities that are 537
necessarily incidental to repairing or maintaining the facility. 538
Repair or maintenance does not include the construction of any 539
new building, structure, or other public construction works or 540
any substantial addition, extension, or upgrade to an existing 541
public facility. Such additions, extensions, or upgrades shall 542
be considered substantial if the estimated cost of the 543
additions, extensions, or upgrades included as part of the 544
repair or maintenance project exceeds the threshold amount in 545
subsection (1) and exceeds 20 percent of the estimated total 546
cost of the repair or maintenance project fully accounting for 547
all costs associated with performing and completing the work, 548
including employee compensation and benefits, equipment cost and 549
maintenance, insurance costs, and the cost of direct materials 550

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to be used in the construction of the project, including 551
materials purchased by the local government, and other direct 552
costs, plus a factor of 20 percent for management, overhead, and 553
other indirect costs. An addition, extension, or upgrade may 554
shall not be considered substantial if it is undertaken pursuant 555
to the conditions specified in subparagraph 1. Repair and 556
maintenance projects and any related additions, extensions, or 557
upgrades may not be divided into multiple projects for the 558
purpose of evading the requirements of this subparagraph. 559
6. If the project is undertaken exclusively as part of a 560
public educational program. 561
7. If the funding source of the project will be diminished 562
or lost because the time required to competitively award the 563
project after the funds become available exceeds the time within 564
which the funding source must be spent. 565
8. If the local government competitively awarded a project 566
to a private sector contractor and the contractor abandoned the 567
project before completion or the local government terminated the 568
contract. 569
9. If the governing board of the local government complies 570
with all of the requirements of this subparagraph, conducts a 571
public meeting under s. 286.011 after public notice, and finds 572
by majority vote of the governing board that it is in the 573
public's best interest to perform the project using its own 574
services, employees, and equipment. The public notice must be 575

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published at least 21 days before the date of the public meeting 576
at which the governing board takes final action. The notice must 577
identify the project, the components and scope of the work, and 578
the estimated cost of the project fully accounting for all costs 579
associated with performing and completing the work, including 580
employee compensation and benefits, equipment cost and 581
maintenance, insurance costs, and the cost of direct materials 582
to be used in the construction of the project, including 583
materials purchased by the local government, and other direct 584
costs, plus a factor of 20 percent for management, overhead, and 585
other indirect costs. The notice must specify that the purpose 586
for the public meeting is to consider whether it is in the 587
public's best interest to perform the project using the local 588
government's own services, employees, and equipment. Upon 589
publication of the public notice and for 21 days thereafter, the 590
local government shall make available for public inspection, 591
during normal business hours and at a location specified in the 592
public notice, a detailed itemization of each component of the 593
estimated cost of the project and documentation explaining the 594
methodology used to arrive at the estimated cost. At the public 595
meeting, any qualified contractor or vendor who could have been 596
awarded the project had the project been competitively bid shall 597
be provided with a reasonable opportunity to present evidence to 598
the governing board regarding the project and the accuracy of 599
the local government's estimated cost of the project. In 600

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deciding whether it is in the public's best interest for the 601
local government to perform a project using its own services, 602
employees, and equipment, the governing board must consider the 603
estimated cost of the project fully accounting for all costs 604
associated with performing and completing the work, including 605
employee compensation and benefits, equipment cost and 606
maintenance, insurance costs, and the cost of direct materials 607
to be used in the construction of the project, including 608
materials purchased by the local government, and other direct 609
costs, plus a factor of 20 percent for management, overhead, and 610
other indirect costs, and the accuracy of the estimated cost in 611
light of any other information that may be presented at the 612
public meeting and whether the project requires an increase in 613
the number of government employees or an increase in capital 614
expenditures for public facilities, equipment, or other capital 615
assets. The local government may further consider the impact on 616
local economic development, the impact on small and minority 617
business owners, the impact on state and local tax revenues, 618
whether the private sector contractors provide health insurance 619
and other benefits equivalent to those provided by the local 620
government, and any other factor relevant to what is in the 621
public's best interest. A report summarizing completed projects 622
constructed by the local government pursuant to this subsection 623
shall be publicly reviewed each year by the governing body of 624
the local government. The report shall detail the estimated 625

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costs and the actual costs of the projects constructed by the 626
local government pursuant to this subsection. The report shall 627
be made available for review by the public. The Auditor General 628
shall review the report as part of his or her audits of local 629
governments. 630
10. If the governing board of the local government 631
determines upon consideration of specific substantive criteria 632
that it is in the best interest of the local government to award 633
the project to an appropriately licensed private sector 634
contractor pursuant to administrative procedures established by 635
and expressly set forth in a charter, ordinance, or resolution 636
of the local government adopted before July 1, 1994. The 637
criteria and procedures must be set out in the charter, 638
ordinance, or resolution and must be applied uniformly by the 639
local government to avoid awarding a project in an arbitrary or 640
capricious manner. This exception applies only if all of the 641
following occur: 642
a. The governing board of the local government, after 643
public notice, conducts a public meeting under s. 286.011 and 644
finds by a two-thirds vote of the governing board that it is in 645
the public's best interest to award the project according to the 646
criteria and procedures established by charter, ordinance, or 647
resolution. The public notice must be published at least 14 days 648
before the date of the public meeting at which the governing 649
board takes final action. The notice must identify the project, 650

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the estimated cost of the project, and specify that the purpose 651
for the public meeting is to consider whether it is in the 652
public's best interest to award the project using the criteria 653
and procedures permitted by the preexisting charter, ordinance, 654
or resolution. 655
b. The project is to be awarded by any method other than a 656
competitive selection process, and the governing board finds 657
evidence that: 658
(I) There is one appropriately licensed contractor who is 659
uniquely qualified to undertake the project because that 660
contractor is currently under contract to perform work that is 661
affiliated with the project; or 662
(II) The time to competitively award the project will 663
jeopardize the funding for the project, materially increase the 664
cost of the project, or create an undue hardship on the public 665
health, safety, or welfare. 666
c. The project is to be awarded by any method other than a 667
competitive selection process, and the published notice clearly 668
specifies the ordinance or resolution by which the private 669
sector contractor will be selected and the criteria to be 670
considered. 671
d. The project is to be awarded by a method other than a 672
competitive selection process, and the architect or engineer of 673
record has provided a written recommendation that the project be 674
awarded to the private sector contractor without competitive 675

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selection, and the consideration by, and the justification of, 676
the government body are documented, in writing, in the project 677
file and are presented to the governing board prior to the 678
approval required in this paragraph. 679
11. To projects subject to chapter 336. 680
Section 15. Subsection (5) of section 282.201, Florida 681
Statutes, is amended to read: 682
282.201 State data center.—The state data center is 683
established within the department. The provision of data center 684
services must comply with applicable state and federal laws, 685
regulations, and policies, including all applicable security, 686
privacy, and auditing requirements. The department shall appoint 687
a director of the state data center who has experience in 688
leading data center facilities and has expertise in cloud-689
computing management. 690
(5) NORTHWEST REGIONAL DATA CENTER CONTRACT.—In order for 691
the department to carry out its duties and responsibilities 692
relating to the state data center, the secretary of the 693
department shall contract by July 1, 2022, with the Northwest 694
Regional Data Center pursuant to s. 287.057(10) s. 287.057(11). 695
The contract shall provide that the Northwest Regional Data 696
Center will manage the operations of the state data center and 697
provide data center services to state agencies. 698
(a) The department shall provide contract oversight, 699
including, but not limited to, reviewing invoices provided by 700

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the Northwest Regional Data Center for services provided to 701
state agency customers. 702
(b) The department shall approve or request updates to 703
invoices within 10 business days after receipt. If the 704
department does not respond to the Northwest Regional Data 705
Center, the invoice will be approved by default. The Northwest 706
Regional Data Center must submit approved invoices directly to 707
state agency customers. 708
Section 16. Paragraph (a) of subsection (3) of section 709
282.709, Florida Statutes, is amended to read: 710
282.709 State agency law enforcement radio system and 711
interoperability network.— 712
(3) In recognition of the critical nature of the statewide 713
law enforcement radio communications system, the Legislature 714
finds that there is an immediate danger to the public health, 715
safety, and welfare, and that it is in the best interest of the 716
state to continue partnering with the system's current operator. 717
The Legislature finds that continuity of coverage is critical to 718
supporting law enforcement, first responders, and other public 719
safety users. The potential for a loss in coverage or a lack of 720
interoperability between users requires emergency action and is 721
a serious concern for officers' safety and their ability to 722
communicate and respond to various disasters and events. 723
(a) The department, pursuant to s. 287.057(10) s. 724
287.057(11), shall enter into a 15-year contract with the entity 725

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that was operating the statewide radio communications system on 726
January 1, 2021. The contract must include: 727
1. The purchase of radios; 728
2. The upgrade to the Project 25 communications standard; 729
3. Increased system capacity and enhanced coverage for 730
system users; 731
4. Operations, maintenance, and support at a fixed annual 732
rate; 733
5. The conveyance of communications towers to the 734
department; and 735
6. The assignment of communications tower leases to the 736
department. 737
Section 17. Paragraph (b) of subsection (3) of section 738
286.101, Florida Statutes, is amended to read: 739
286.101 Foreign gifts and contracts.— 740
(3) 741
(b) Disclosure under this subsection is not required with 742
respect to: 743
1. A proposal to sell commodities through the online 744
procurement program established pursuant to s. 287.057(20) s. 745
287.057(22); 746
2. A proposal to sell commodities to a university pursuant 747
to Board of Governors Regulation 18.001; 748
3. An application or proposal from an entity that 749
discloses foreign gifts or grants under subsection (2) or s. 750

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1010.25; 751
4. An application or proposal from a foreign source that, 752
if granted or accepted, would be disclosed under subsection (2) 753
or s. 1010.25; or 754
5. An application or proposal from a public or not-for-755
profit research institution with respect to research funded by 756
any federal agency. 757
Section 18. Subsections (19) through (29) of section 758
287.012, Florida Statutes, are renumbered as subsections (18) 759
through (28), respectively, and subsection (18) and present 760
subsection (19) of that section are amended, to read: 761
287.012 Definitions.—As used in this part, the term: 762
(18) "Minority business enterprise" has the same meaning 763
as provided in s. 288.703. 764
(18)(19) "Office" means the Office of Supplier Development 765
Diversity of the Department of Management Services. 766
Section 19. Paragraphs (a) and (c) of subsection (2) and 767
paragraphs (b) and (c) of subsection (3) of section 287.042, 768
Florida Statutes, are amended to read: 769
287.042 Powers, duties, and functions.—The department 770
shall have the following powers, duties, and functions: 771
(2)(a) To establish purchasing agreements and procure 772
state term contracts for commodities and contractual services, 773
pursuant to s. 287.057, under which state agencies shall, and 774
eligible users may, make purchases pursuant to s. 287.056. The 775

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department may restrict purchases from some term contracts to 776
state agencies only for those term contracts where the inclusion 777
of other governmental entities will have an adverse effect on 778
competition or to those federal facilities located in this 779
state. In such planning or purchasing the Office of Supplier 780
Diversity may monitor to ensure that opportunities are afforded 781
for contracting with minority business enterprises. The 782
department, for state term contracts, and all agencies, for 783
multiyear contractual services or term contracts, shall explore 784
reasonable and economical means to utilize certified minority 785
business enterprises. Purchases by any county, municipality, 786
private nonprofit community transportation coordinator 787
designated pursuant to chapter 427, while conducting business 788
related solely to the Commission for the Transportation 789
Disadvantaged, or other local public agency under the provisions 790
in the state purchasing contracts, and purchases, from the 791
corporation operating the correctional work programs, of 792
products or services that are subject to paragraph (1)(f), are 793
exempt from the competitive solicitation requirements otherwise 794
applying to their purchases. 795
(c) Any person who files an action protesting a decision 796
or intended decision pertaining to contracts administered by the 797
department, a water management district, or an agency pursuant 798
to s. 120.57(3)(b) shall post with the department, the water 799
management district, or the agency at the time of filing the 800

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formal written protest a bond payable to the department, the 801
water management district, or agency in an amount equal to 1 802
percent of the estimated contract amount. For protests of 803
decisions or intended decisions pertaining to exceptional 804
purchases, the bond shall be in an amount equal to 1 percent of 805
the estimated contract amount for the exceptional purchase. The 806
estimated contract amount shall be based upon the contract price 807
submitted by the protestor or, if no contract price was 808
submitted, the department, water management district, or agency 809
shall estimate the contract amount based on factors including, 810
but not limited to, the price of previous or existing contracts 811
for similar commodities or contractual services, the amount 812
appropriated by the Legislature for the contract, or the fair 813
market value of similar commodities or contractual services. The 814
agency shall provide the estimated contract amount to the vendor 815
within 72 hours, excluding Saturdays, Sundays, and state 816
holidays, after the filing of the notice of protest by the 817
vendor. The estimated contract amount is not subject to protest 818
pursuant to s. 120.57(3). The bond shall be conditioned upon the 819
payment of all costs and charges that are adjudged against the 820
protestor in the administrative hearing in which the action is 821
brought and in any subsequent appellate court proceeding. In 822
lieu of a bond, the department, the water management district, 823
or agency may, in either case, accept a cashier's check, 824
official bank check, or money order in the amount of the bond. 825

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If, after completion of the administrative hearing process and 826
any appellate court proceedings, the department, water 827
management district, or agency prevails, it shall recover all 828
costs and charges which shall be included in the final order or 829
judgment, excluding attorney's fees. This section shall not 830
apply to protests filed by the Office of Supplier Diversity. 831
Upon payment of such costs and charges by the protestor, the 832
bond, cashier's check, official bank check, or money order shall 833
be returned to the protestor. If, after the completion of the 834
administrative hearing process and any appellate court 835
proceedings, the protestor prevails, the protestor shall recover 836
from the department, water management district, or agency all 837
costs and charges which shall be included in the final order or 838
judgment, excluding attorney's fees. 839
(3) To establish a system of coordinated, uniform 840
procurement policies, procedures, and practices to be used by 841
agencies in acquiring commodities and contractual services, 842
which shall include, but not be limited to: 843
(b)1. Development of procedures for advertising 844
solicitations. These procedures must provide for electronic 845
posting of solicitations for at least 10 days before the date 846
set for receipt of bids, proposals, or replies, unless the 847
department or other agency determines in writing that a shorter 848
period of time is necessary to avoid harming the interests of 849
the state. The Office of Supplier Diversity may consult with the 850

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department regarding the development of solicitation 851
distribution procedures to ensure that maximum distribution is 852
afforded to certified minority business enterprises as defined 853
in s. 288.703. 854
2. Development of procedures for electronic posting. The 855
department shall designate a centralized website on the Internet 856
for the department and other agencies to electronically post 857
solicitations, decisions or intended decisions, and other 858
matters relating to procurement. 859
(c) Development of procedures for the receipt and opening 860
of bids, proposals, or replies by an agency. Such procedures 861
shall provide the Office of Supplier Diversity an opportunity to 862
monitor and ensure that the contract award is consistent with 863
the requirements of s. 287.09451. 864
Section 20. Paragraph (d) of subsection (3) and paragraph 865
(b) of subsection (4) of section 287.055, Florida Statutes, are 866
amended to read: 867
287.055 Acquisition of professional architectural, 868
engineering, landscape architectural, or surveying and mapping 869
services; definitions; procedures; contingent fees prohibited; 870
penalties.— 871
(3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.— 872
(d) Each agency shall evaluate professional services, 873
including capabilities, adequacy of personnel, past record, 874
experience, whether the firm is a certified minority business 875

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enterprise as defined by the Florida Small and Minority Business 876
Assistance Act, and other factors determined by the agency to be 877
applicable to its particular requirements. When securing 878
professional services, an agency must endeavor to meet the 879
minority business enterprise procurement goals under s. 880
287.09451. 881
(4) COMPETITIVE SELECTION.— 882
(b) The agency shall select in order of preference no 883
fewer than three firms deemed to be the most highly qualified to 884
perform the required services. In determining whether a firm is 885
qualified, the agency shall consider such factors as the ability 886
of professional personnel; whether a firm is a certified 887
minority business enterprise; past performance; willingness to 888
meet time and budget requirements; location; recent, current, 889
and projected workloads of the firms; and the volume of work 890
previously awarded to each firm by the agency, with the object 891
of effecting an equitable distribution of contracts among 892
qualified firms, provided such distribution does not violate the 893
principle of selection of the most highly qualified firms. The 894
agency may request, accept, and consider proposals for the 895
compensation to be paid under the contract only during 896
competitive negotiations under subsection (5). 897
Section 21. Subsections (9), (10), (11), and (13) through 898
(28) of section 287.057, Florida Statutes, are renumbered as 899
subsections (8), (9), (10), and (11) through (26), respectively, 900

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and subsections (7) and (8), present subsections (12) and (14), 901
paragraph (d) of present subsection (15), and present subsection 902
(18) of that section are amended, to read: 903
287.057 Procurement of commodities or contractual 904
services.— 905
(7) Upon issuance of any solicitation, an agency shall, 906
upon request by the department, forward to the department one 907
copy of each solicitation for all commodity and contractual 908
services purchases in excess of the threshold amount provided in 909
s. 287.017 for CATEGORY TWO. An agency shall also, upon request, 910
furnish a copy of all competitive-solicitation tabulations. The 911
Office of Supplier Diversity may also request from the agencies 912
any information submitted to the department pursuant to this 913
subsection. 914
(8)(a) In order to strive to meet the minority business 915
enterprise procurement goals set forth in s. 287.09451, an 916
agency may reserve any contract for competitive solicitation 917
only among certified minority business enterprises. Agencies 918
shall review all their contracts each fiscal year and shall 919
determine which contracts may be reserved for solicitation only 920
among certified minority business enterprises. This reservation 921
may only be used when it is determined, by reasonable and 922
objective means, before the solicitation that there are capable, 923
qualified certified minority business enterprises available to 924
submit a bid, proposal, or reply on a contract to provide for 925

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effective competition. The Office of Supplier Diversity shall 926
consult with any agency in reaching such determination when 927
deemed appropriate. 928
(b) Before a contract may be reserved for solicitation 929
only among certified minority business enterprises, the agency 930
head must find that such a reservation is in the best interests 931
of the state. All determinations shall be subject to s. 932
287.09451(5). Once a decision has been made to reserve a 933
contract, but before sealed bids, proposals, or replies are 934
requested, the agency shall estimate what it expects the amount 935
of the contract to be, based on the nature of the services or 936
commodities involved and their value under prevailing market 937
conditions. If all the sealed bids, proposals, or replies 938
received are over this estimate, the agency may reject the bids, 939
proposals, or replies and request new ones from certified 940
minority business enterprises, or the agency may reject the 941
bids, proposals, or replies and reopen the bidding to all 942
eligible vendors. 943
(c) All agencies shall consider the use of price 944
preferences of up to 10 percent, weighted preference formulas, 945
or other preferences for vendors as determined appropriate 946
pursuant to guidelines established in accordance with s. 947
287.09451(4) to increase the participation of minority business 948
enterprises. 949
(d) All agencies shall avoid any undue concentration of 950

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contracts or purchases in categories of commodities or 951
contractual services in order to meet the minority business 952
enterprise purchasing goals in s. 287.09451. 953
(12) If two equal responses to a solicitation or a request 954
for quote are received and one response is from a certified 955
minority business enterprise, the agency shall enter into a 956
contract with the certified minority business enterprise. 957
(13)(14) Contracts for commodities or contractual services 958
may be renewed for a period that may not exceed 3 years or the 959
term of the original contract, whichever is longer. Renewal of a 960
contract for commodities or contractual services must be in 961
writing and is subject to the same terms and conditions set 962
forth in the initial contract and any written amendments signed 963
by the parties. If the commodity or contractual service is 964
purchased as a result of the solicitation of bids, proposals, or 965
replies, the price of the commodity or contractual service to be 966
renewed must be specified in the bid, proposal, or reply, except 967
that an agency may negotiate lower pricing. A renewal contract 968
may not include any compensation for costs associated with the 969
renewal. Renewals are contingent upon satisfactory performance 970
evaluations by the agency and subject to the availability of 971
funds. Exceptional purchase contracts pursuant to paragraphs 972
(3)(a) and (c) may not be renewed. With the exception of 973
subsection (10) (11), if a contract amendment results in a 974
longer contract term or increased payments, a state agency may 975

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not renew or amend a contract for the outsourcing of a service 976
or activity that has an original term value exceeding $5 million 977
before submitting a written report concerning contract 978
performance to the Governor, the President of the Senate, and 979
the Speaker of the House of Representatives at least 90 days 980
before execution of the renewal or amendment. 981
(12)(15) 982
(d) Each contract manager who is responsible for contracts 983
in excess of $10 million annually must, in addition to the 984
training required in paragraph (b) and the training and 985
certification required in paragraph (c), possess at least 3 5 986
years of experience managing contracts of at least in excess of 987
$5 million in total annually. 988
(15)(18) Any person who supervises contract administrators 989
or contract or grant managers that meet criteria for 990
certification in subsection (13) (15) shall annually complete 991
public procurement training for supervisors within 12 months 992
after appointment to the supervisory position. The department is 993
responsible for establishing and disseminating the training 994
course content required for supervisors. 995
Section 22. Paragraph (a) of subsection (3) of section 996
287.0571, Florida Statutes, is amended to read: 997
287.0571 Business case to outsource; applicability.— 998
(3) This section does not apply to: 999
(a) A procurement of commodities and contractual services 1000

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listed in s. 287.057(3)(d) and (e) and (21) (23). 1001
Section 23. Paragraph (c) of subsection (10) of section 1002
287.059, Florida Statutes, is amended to read: 1003
287.059 Private attorney services.— 1004
(10) Agencies are encouraged to use the following criteria 1005
when selecting outside firms for attorney services: 1006
(c) The firm's minority status. 1007
Section 24. Sections 287.093, 287.0931, 287.094, 287.0943, 1008
and 287.09431, Florida Statutes, are repealed. 1009
Section 25. Section 287.09451, Florida Statutes, is 1010
amended to read: 1011
287.09451 Office of Supplier Development Diversity; 1012
powers, duties, and functions.— 1013
(1) The Legislature finds that there is evidence of a 1014
systematic pattern of past and continuing racial discrimination 1015
against minority business enterprises and a disparity in the 1016
availability and use of minority business enterprises in the 1017
state procurement system. It is determined to be a compelling 1018
state interest to rectify such discrimination and disparity. 1019
Based upon statistical data profiling this discrimination, the 1020
Legislature has enacted race-conscious and gender-conscious 1021
remedial programs to ensure minority participation in the 1022
economic life of the state, in state contracts for the purchase 1023
of commodities and services, and in construction contracts. The 1024
purpose and intent of this section is to increase participation 1025

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by minority business enterprises accomplished by encouraging the 1026
use of minority business enterprises and the entry of new and 1027
diversified minority business enterprises into the marketplace. 1028
(1)(2) The Office of Supplier Development Diversity is 1029
established within the Department of Management Services to 1030
assist Florida-based small minority business enterprises in 1031
becoming suppliers of commodities, services, and construction to 1032
state government. 1033
(2)(3) The secretary shall appoint an executive director 1034
for the Office of Supplier Development Diversity, who shall 1035
serve at the pleasure of the secretary. 1036
(3)(4) The Office of Supplier Development Diversity shall 1037
have the following powers, duties, and functions: 1038
(a) To receive and disseminate information: 1039
1. For the continued growth and success of Florida's small 1040
businesses, which may include the planning, hosting, and support 1041
of events for Florida-based enterprises. 1042
2. Related to procurement opportunities for Florida-based 1043
small business enterprises. 1044
(b) To create electronic certification and recertification 1045
processes for veteran-owned small business enterprises. The 1046
certifications must be valid for 2 years and must be recertified 1047
every 2 years thereafter. The benefits of certification must be 1048
clearly posted on the department's website. To be eligible for 1049
certification and recertification as a veteran-owned business 1050

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enterprise, a business must meet the requirements of s. 295.187. 1051
(c) To advise and provide education or other resources to 1052
agencies on methods and techniques for achieving procurement 1053
objectives that increase the use of Florida-based enterprises in 1054
state and local government procurement contracts. 1055
(d) To adopt rules, establish processes, and prescribe and 1056
publish forms as necessary to carry out the duties provided in 1057
this section. 1058
(a) To adopt rules to determine what constitutes a "good 1059
faith effort" for purposes of state agency compliance with the 1060
minority business enterprise procurement goals set forth in s. 1061
287.042. Factors which shall be considered by the Minority 1062
Business Enterprise Assistance Office in determining good faith 1063
effort shall include, but not be limited to: 1064
1. Whether the agency scheduled presolicitation or prebid 1065
meetings for the purpose of informing minority business 1066
enterprises of contracting and subcontracting opportunities. 1067
2. Whether the contractor advertised in general 1068
circulation, trade association, or minority-focus media 1069
concerning the subcontracting opportunities. 1070
3. Whether the agency effectively used services and 1071
resources of available minority community organizations; 1072
minority contractors' groups; local, state, and federal minority 1073
business assistance offices; and other organizations that 1074
provide assistance in the recruitment and placement of minority 1075

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business enterprises or minority persons. 1076
4. Whether the agency provided written notice to a 1077
reasonable number of minority business enterprises that their 1078
interest in contracting with the agency was being solicited in 1079
sufficient time to allow the minority business enterprises to 1080
participate effectively. 1081
(b) To adopt rules to determine what constitutes a "good 1082
faith effort" for purposes of contractor compliance with 1083
contractual requirements relating to the use of services or 1084
commodities of a minority business enterprise under s. 1085
287.094(2). Factors which shall be considered by the Office of 1086
Supplier Diversity in determining whether a contractor has made 1087
good faith efforts shall include, but not be limited to: 1088
1. Whether the contractor attended any presolicitation or 1089
prebid meetings that were scheduled by the agency to inform 1090
minority business enterprises of contracting and subcontracting 1091
opportunities. 1092
2. Whether the contractor advertised in general 1093
circulation, trade association, or minority-focus media 1094
concerning the subcontracting opportunities. 1095
3. Whether the contractor provided written notice to a 1096
reasonable number of specific minority business enterprises that 1097
their interest in the contract was being solicited in sufficient 1098
time to allow the minority business enterprises to participate 1099
effectively. 1100

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4. Whether the contractor followed up initial 1101
solicitations of interest by contacting minority business 1102
enterprises or minority persons to determine with certainty 1103
whether the minority business enterprises or minority persons 1104
were interested. 1105
5. Whether the contractor selected portions of the work to 1106
be performed by minority business enterprises in order to 1107
increase the likelihood of meeting the minority business 1108
enterprise procurement goals, including, where appropriate, 1109
breaking down contracts into economically feasible units to 1110
facilitate minority business enterprise participation. 1111
6. Whether the contractor provided interested minority 1112
business enterprises or minority persons with adequate 1113
information about the plans, specifications, and requirements of 1114
the contract or the availability of jobs. 1115
7. Whether the contractor negotiated in good faith with 1116
interested minority business enterprises or minority persons, 1117
not rejecting minority business enterprises or minority persons 1118
as unqualified without sound reasons based on a thorough 1119
investigation of their capabilities. 1120
8. Whether the contractor effectively used the services of 1121
available minority community organizations; minority 1122
contractors' groups; local, state, and federal minority business 1123
assistance offices; and other organizations that provide 1124
assistance in the recruitment and placement of minority business 1125

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enterprises or minority persons. 1126
(c) To adopt rules and do all things necessary or 1127
convenient to guide all state agencies toward making 1128
expenditures for commodities, contractual services, 1129
construction, and architectural and engineering services with 1130
certified minority business enterprises in accordance with the 1131
minority business enterprise procurement goals set forth in s. 1132
287.042. 1133
(d) To monitor the degree to which agencies procure 1134
services, commodities, and construction from minority business 1135
enterprises in conjunction with the Department of Financial 1136
Services as specified in s. 17.11. 1137
(e) To receive and disseminate information relative to 1138
procurement opportunities, availability of minority business 1139
enterprises, and technical assistance. 1140
(f) To advise agencies on methods and techniques for 1141
achieving procurement objectives. 1142
(g) To provide a central minority business enterprise 1143
certification process which includes independent verification of 1144
status as a minority business enterprise. 1145
(h) To develop procedures to investigate complaints 1146
against minority business enterprises or contractors alleged to 1147
violate any provision related to this section or s. 287.0943, 1148
that may include visits to worksites or business premises, and 1149
to refer all information on businesses suspected of 1150

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misrepresenting minority status to the Department of Management 1151
Services for investigation. When an investigation is completed 1152
and there is reason to believe that a violation has occurred, 1153
the matter shall be referred to the office of the Attorney 1154
General, Department of Legal Affairs, for prosecution. 1155
(i) To maintain a directory of all minority business 1156
enterprises which have been certified and provide this 1157
information to any agency or business requesting it. 1158
(j) To encourage all firms which do more than $1 million 1159
in business with the state within a 12-month period to develop, 1160
implement, and submit to this office a minority business 1161
development plan. 1162
(k) To communicate on a monthly basis with the Small and 1163
Minority Business Advisory Council to keep the council informed 1164
on issues relating to minority enterprise procurement. 1165
(l) To serve as an advocate for minority business 1166
enterprises, and coordinate with the small and minority business 1167
ombudsman, as defined in s. 288.703, which duties shall include: 1168
1. Ensuring that agencies supported by state funding 1169
effectively target the delivery of services and resources, as 1170
related to minority business enterprises. 1171
2. Establishing standards within each industry with which 1172
the state government contracts on how agencies and contractors 1173
may provide the maximum practicable opportunity for minority 1174
business enterprises. 1175

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3. Assisting agencies and contractors by providing 1176
outreach to minority businesses, by specifying and monitoring 1177
technical and managerial competence for minority business 1178
enterprises, and by consulting in planning of agency procurement 1179
to determine how best to provide opportunities for minority 1180
business enterprises. 1181
4. Integrating technical and managerial assistance for 1182
minority business enterprises with government contracting 1183
opportunities. 1184
(m) To certify minority business enterprises, as defined 1185
in s. 288.703, and as specified in ss. 287.0943 and 287.09431, 1186
and shall recertify such minority businesses at least once every 1187
2 years. Minority business enterprises must be recertified at 1188
least once every 2 years. Such certifications may include an 1189
electronic signature. 1190
(n)1. To develop procedures to be used by an agency in 1191
identifying commodities, contractual services, architectural and 1192
engineering services, and construction contracts, except those 1193
architectural, engineering, construction, or other related 1194
services or contracts subject to the provisions of chapter 339, 1195
that could be provided by minority business enterprises. Each 1196
agency is encouraged to spend 21 percent of the moneys actually 1197
expended for construction contracts, 25 percent of the moneys 1198
actually expended for architectural and engineering contracts, 1199
24 percent of the moneys actually expended for commodities, and 1200

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50.5 percent of the moneys actually expended for contractual 1201
services during the previous fiscal year, except for the state 1202
university construction program which shall be based upon public 1203
education capital outlay projections for the subsequent fiscal 1204
year, and reported to the Legislature pursuant to s. 216.023, 1205
for the purpose of entering into contracts with certified 1206
minority business enterprises as defined in s. 288.703, or 1207
approved joint ventures. However, in the event of budget 1208
reductions pursuant to s. 216.221, the base amounts may be 1209
adjusted to reflect such reductions. The overall spending goal 1210
for each industry category shall be subdivided as follows: 1211
a. For construction contracts: 4 percent for black 1212
Americans, 6 percent for Hispanic-Americans, and 11 percent for 1213
American women. 1214
b. For architectural and engineering contracts: 9 percent 1215
for Hispanic-Americans, 1 percent for Asian-Americans, and 15 1216
percent for American women. 1217
c. For commodities: 2 percent for black Americans, 4 1218
percent for Hispanic-Americans, 0.5 percent for Asian-Americans, 1219
0.5 percent for Native Americans, and 17 percent for American 1220
women. 1221
d. For contractual services: 6 percent for black 1222
Americans, 7 percent for Hispanic-Americans, 1 percent for 1223
Asian-Americans, 0.5 percent for Native Americans, and 36 1224
percent for American women. 1225

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2. For the purposes of commodities contracts for the 1226
purchase of equipment to be used in the construction and 1227
maintenance of state transportation facilities involving the 1228
Department of Transportation, the terms "minority business 1229
enterprise" and "minority person" have the same meanings as 1230
provided in s. 288.703. In order to ensure that the goals 1231
established under this paragraph for contracting with certified 1232
minority business enterprises are met, the department, with the 1233
assistance of the Office of Supplier Diversity, shall make 1234
recommendations to the Legislature on revisions to the goals, 1235
based on an updated statistical analysis, at least once every 5 1236
years. Such recommendations shall be based on statistical data 1237
indicating the availability of and disparity in the use of 1238
minority businesses contracting with the state. 1239
3. In determining the base amounts for assessing 1240
compliance with this paragraph, the Office of Supplier Diversity 1241
may develop, by rule, guidelines for all agencies to use in 1242
establishing such base amounts. These rules must include, but 1243
are not limited to, guidelines for calculation of base amounts, 1244
a deadline for the agencies to submit base amounts, a deadline 1245
for approval of the base amounts by the Office of Supplier 1246
Diversity, and procedures for adjusting the base amounts as a 1247
result of budget reductions made pursuant to s. 216.221. 1248
4. To determine guidelines for the use of price 1249
preferences, weighted preference formulas, or other preferences, 1250

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as appropriate to the particular industry or trade, to increase 1251
the participation of minority businesses in state contracting. 1252
These guidelines shall include consideration of: 1253
a. Size and complexity of the project. 1254
b. The concentration of transactions with minority 1255
business enterprises for the commodity or contractual services 1256
in question in prior agency contracting. 1257
c. The specificity and definition of work allocated to 1258
participating minority business enterprises. 1259
d. The capacity of participating minority business 1260
enterprises to complete the tasks identified in the project. 1261
e. The available pool of minority business enterprises as 1262
prime contractors, either alone or as partners in an approved 1263
joint venture that serves as the prime contractor. 1264
5. To determine guidelines for use of joint ventures to 1265
meet minority business enterprises spending goals. For purposes 1266
of this section, "joint venture" means any association of two or 1267
more business concerns to carry out a single business enterprise 1268
for profit, for which purpose they combine their property, 1269
capital, efforts, skills, and knowledge. The guidelines shall 1270
allow transactions with joint ventures to be eligible for credit 1271
against the minority business enterprise goals of an agency when 1272
the contracting joint venture demonstrates that at least one 1273
partner to the joint venture is a certified minority business 1274
enterprise as defined in s. 288.703, and that such partner is 1275

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responsible for a clearly defined portion of the work to be 1276
performed, and shares in the ownership, control, management, 1277
responsibilities, risks, and profits of the joint venture. Such 1278
demonstration shall be by verifiable documents and sworn 1279
statements and may be reviewed by the Office of Supplier 1280
Diversity at or before the time a contract bid, proposal, or 1281
reply is submitted. An agency may count toward its minority 1282
business enterprise goals a portion of the total dollar amount 1283
of a contract equal to the percentage of the ownership and 1284
control held by the qualifying certified minority business 1285
partners in the contracting joint venture, so long as the joint 1286
venture meets the guidelines adopted by the office. 1287
(o)1. To establish a system to record and measure the use 1288
of certified minority business enterprises in state contracting. 1289
This system shall maintain information and statistics on 1290
certified minority business enterprise participation, awards, 1291
dollar volume of expenditures and agency goals, and other 1292
appropriate types of information to analyze progress in the 1293
access of certified minority business enterprises to state 1294
contracts and to monitor agency compliance with this section. 1295
Such reporting must include, but is not limited to, the 1296
identification of all subcontracts in state contracting by 1297
dollar amount and by number of subcontracts and the 1298
identification of the utilization of certified minority business 1299
enterprises as prime contractors and subcontractors by dollar 1300

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amounts of contracts and subcontracts, number of contracts and 1301
subcontracts, minority status, industry, and any conditions or 1302
circumstances that significantly affected the performance of 1303
subcontractors. Agencies shall report their compliance with the 1304
requirements of this reporting system at least annually and at 1305
the request of the office. All agencies shall cooperate with the 1306
office in establishing this reporting system. Except in 1307
construction contracting, all agencies shall review contracts 1308
costing in excess of CATEGORY FOUR as defined in s. 287.017 to 1309
determine if such contracts could be divided into smaller 1310
contracts to be separately solicited and awarded, and shall, 1311
when economical, offer such smaller contracts to encourage 1312
minority participation. 1313
2. To report agency compliance with the provisions of 1314
subparagraph 1. for the preceding fiscal year to the Governor 1315
and Cabinet, the President of the Senate, and the Speaker of the 1316
House of Representatives on or before February 1 of each year. 1317
The report must contain, at a minimum, the following: 1318
a. Total expenditures of each agency by industry. 1319
b. The dollar amount and percentage of contracts awarded 1320
to certified minority business enterprises by each state agency. 1321
c. The dollar amount and percentage of contracts awarded 1322
indirectly to certified minority business enterprises as 1323
subcontractors by each state agency. 1324
d. The total dollar amount and percentage of contracts 1325

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awarded to certified minority business enterprises, whether 1326
directly or indirectly, as subcontractors. 1327
e. A statement and assessment of good faith efforts taken 1328
by each state agency. 1329
f. A status report of agency compliance with subsection 1330
(6), as determined by the Minority Business Enterprise Office. 1331
(5)(a) Each agency shall, at the time the specifications 1332
or designs are developed or contract sizing is determined for 1333
any proposed procurement costing in excess of CATEGORY FOUR, as 1334
defined in s. 287.017, forward a notice to the Office of 1335
Supplier Diversity of the proposed procurement and any 1336
determination on the designs of specifications of the proposed 1337
procurement that impose requirements on prospective vendors, no 1338
later than 30 days prior to the issuance of a solicitation, 1339
except that this provision shall not apply to emergency 1340
acquisitions. The 30-day notice period shall not toll the time 1341
for any other procedural requirements. 1342
(b) If the Office of Supplier Diversity determines that 1343
the proposed procurement will not likely allow opportunities for 1344
minority business enterprises, the office may, within 20 days 1345
after it receives the information specified in paragraph (a), 1346
propose the implementation of minority business enterprise 1347
utilization provisions or submit alternative procurement methods 1348
that would significantly increase minority business enterprise 1349
contracting opportunities. 1350

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(c) Whenever the agency and the Office of Supplier 1351
Diversity disagree, the matter shall be submitted for 1352
determination to the head of the agency or the senior-level 1353
official designated pursuant to this section as liaison for 1354
minority business enterprise issues. 1355
(d) If the proposed procurement proceeds to competitive 1356
solicitation, the office is hereby granted standing to protest, 1357
pursuant to this section, in a timely manner, any contract award 1358
during competitive solicitation for contractual services and 1359
construction contracts that fail to include minority business 1360
enterprise participation, if any responsible and responsive 1361
vendor has demonstrated the ability to achieve any level of 1362
participation, or, any contract award for commodities where, a 1363
reasonable and economical opportunity to reserve a contract, 1364
statewide or district level, for minority participation was not 1365
executed or, an agency failed to adopt an applicable preference 1366
for minority participation. The bond requirement shall be waived 1367
for the office purposes of this subsection. 1368
(e) An agency may presume that a vendor offering no 1369
minority participation has not made a good faith effort when 1370
other vendors offer minority participation of firms listed as 1371
relevant to the agency's purchasing needs in the pertinent 1372
locality or statewide to complete the project. 1373
(f) Paragraph (a) will not apply when the Office of 1374
Supplier Diversity determines that an agency has established a 1375

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work plan to allow advance consultation and planning with 1376
minority business enterprises and where such plan clearly 1377
demonstrates: 1378
1. A high level of advance planning by the agency with 1379
minority business enterprises. 1380
2. A high level of accessibility, knowledge, and 1381
experience by minority business enterprises in the agency's 1382
contract decisionmaking process. 1383
3. A high quality of agency monitoring and enforcement of 1384
internal implementation of minority business utilization 1385
provisions. 1386
4. A high quality of agency monitoring and enforcement of 1387
contractor utilization of minority business enterprises, 1388
especially tracking subcontractor data, and ensuring the 1389
integrity of subcontractor reporting. 1390
5. A high quality of agency outreach, agency networking of 1391
major vendors with minority vendors, and innovation in 1392
techniques to improve utilization of minority business 1393
enterprises. 1394
6. Substantial commitment, sensitivity, and proactive 1395
attitude by the agency head and among the agency minority 1396
business staff. 1397
(6) Each state agency shall coordinate its minority 1398
business enterprise procurement activities with the Office of 1399
Supplier Diversity. At a minimum, each agency shall: 1400

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(a) Adopt a minority business enterprise utilization plan 1401
for review and approval by the Office of Supplier Diversity 1402
which should require meaningful and useful methods to attain the 1403
legislative intent in assisting minority business enterprises. 1404
(b) Designate a senior-level employee in the agency as a 1405
minority enterprise assistance officer, responsible for 1406
overseeing the agency's minority business utilization 1407
activities, and who is not also charged with purchasing 1408
responsibility. A senior-level agency employee and agency 1409
purchasing officials shall be accountable to the agency head for 1410
the agency's minority business utilization performance. The 1411
Office of Supplier Diversity shall advise each agency on 1412
compliance performance. 1413
(c) If an agency deviates significantly from its 1414
utilization plan in 2 consecutive or 3 out of 5 total fiscal 1415
years, the Office of Supplier Diversity may review any and all 1416
solicitations and contract awards of the agency as deemed 1417
necessary until such time as the agency meets its utilization 1418
plan. 1419
Section 26. Section 287.0947, Florida Statutes, is 1420
repealed. 1421
Section 27. Paragraph (b) of subsection (2) of section 1422
288.0001, Florida Statutes, is amended to read: 1423
288.0001 Economic Development Programs Evaluation.—The 1424
Office of Economic and Demographic Research and the Office of 1425

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Program Policy Analysis and Government Accountability (OPPAGA) 1426
shall develop and present to the Governor, the President of the 1427
Senate, the Speaker of the House of Representatives, and the 1428
chairs of the legislative appropriations committees the Economic 1429
Development Programs Evaluation. 1430
(2) The Office of Economic and Demographic Research and 1431
OPPAGA shall provide a detailed analysis of economic development 1432
programs as provided in the following schedule: 1433
(b) By January 1, 2015, and every 3 years thereafter, an 1434
analysis of: 1435
1. The entertainment industry sales tax exemption program 1436
established under s. 288.1258. 1437
2. VISIT Florida and its programs established or funded 1438
under ss. 288.122-288.12265 and 288.124. 1439
3. The Florida Sports Foundation and related programs, 1440
including those established under ss. 288.1162, 288.11621, and 1441
288.1166, and 288.1167. 1442
Section 28. Paragraph (b) of subsection (4) of section 1443
288.001, Florida Statutes, is amended to read: 1444
288.001 The Florida Small Business Development Center 1445
Network.— 1446
(4) STATEWIDE ADVISORY BOARD.— 1447
(b) The statewide advisory board shall consist of 19 1448
members from across the state. At least 12 members must be 1449
representatives of the private sector who are knowledgeable of 1450

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the needs and challenges of small businesses. The members must 1451
represent various segments and industries of the economy in this 1452
state and must bring knowledge and skills to the statewide 1453
advisory board which would enhance the board's collective 1454
knowledge of small business assistance needs and challenges. 1455
Minority and gender representation must be considered when 1456
making appointments to the board. The board must include the 1457
following members: 1458
1. Three members appointed from the private sector by the 1459
President of the Senate. 1460
2. Three members appointed from the private sector by the 1461
Speaker of the House of Representatives. 1462
3. Three members appointed from the private sector by the 1463
Governor. 1464
4. Three members appointed from the private sector by the 1465
network's statewide director. 1466
5. One member appointed by the host institution. 1467
6. The Secretary of Commerce or his or her designee. 1468
7. The Chief Financial Officer or his or her designee. 1469
8. The President of the Florida Chamber of Commerce or his 1470
or her designee. 1471
9. The Small Business Development Center Project Officer 1472
from the U.S. Small Business Administration at the South Florida 1473
District Office or his or her designee. 1474
10. The executive director of the National Federation of 1475

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Independent Businesses, Florida, or his or her designee. 1476
11. The executive director of the Florida United Business 1477
Association or his or her designee. 1478
Section 29. Subsection (8) of section 288.0065, Florida 1479
Statutes, is amended to read: 1480
288.0065 Annual incentives report.—By December 30 of each 1481
year, the department shall provide the Governor, the President 1482
of the Senate, and the Speaker of the House of Representatives a 1483
detailed incentives report quantifying the economic benefits for 1484
all of the economic development incentive programs administered 1485
by the department and its public-private partnerships. The 1486
annual incentives report must include: 1487
(8) A description of the trends relating to business 1488
interest in, and usage of, the various incentives, and the 1489
number of small minority-owned or woman-owned businesses 1490
receiving incentives. 1491
Section 30. Section 288.1167, Florida Statutes, is 1492
repealed. 1493
Section 31. Subsection (1) of section 288.12266, Florida 1494
Statutes, is amended to read: 1495
288.12266 Targeted Marketing Assistance Program.— 1496
(1) The Targeted Marketing Assistance Program is created 1497
to enhance the tourism business marketing of small, minority, 1498
rural, and agritourism businesses in the state. The department, 1499
in conjunction with the Florida Tourism Industry Marketing 1500

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Corporation, shall administer the program. The program shall 1501
provide marketing plans, marketing assistance, promotional 1502
support, media development, technical expertise, marketing 1503
advice, technology training, social marketing support, and other 1504
assistance to an eligible entity. 1505
Section 32. Paragraph (b) of subsection (2) of section 1506
288.1229, Florida Statutes, is amended to read: 1507
288.1229 Promotion and development of sports-related 1508
industries and amateur athletics; direct-support organization 1509
established; powers and duties.— 1510
(2) The Florida Sports Foundation must: 1511
(b) Be governed by a board of directors, which must 1512
consist of up to 15 members appointed by the Governor. In making 1513
appointments, the Governor must consider a potential member's 1514
background in community service and sports activism in, and 1515
financial support of, the sports industry, professional sports, 1516
or organized amateur athletics. Members must be residents of the 1517
state and highly knowledgeable about or active in professional 1518
or organized amateur sports. 1519
1. The board must contain representatives of all 1520
geographical regions of the state and must represent ethnic and 1521
gender diversity. 1522
2. The terms of office of the members shall be 4 years. No 1523
member may serve more than two consecutive terms. The Governor 1524
may remove any member for cause and shall fill all vacancies 1525

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that occur. 1526
Section 33. Section 288.124, Florida Statutes, is amended 1527
to read: 1528
288.124 Convention grants program.—The Florida Tourism 1529
Industry Marketing Corporation is authorized to establish a 1530
convention grants program and, pursuant to that program, to 1531
recommend to the department expenditures and contracts with 1532
local governments and nonprofit corporations or organizations 1533
for the purpose of attracting national conferences and 1534
conventions to Florida. Preference shall be given to local 1535
governments and nonprofit corporations or organizations seeking 1536
to attract minority conventions to Florida. Minority conventions 1537
are events that primarily involve minority persons, as defined 1538
in s. 288.703, who are residents or nonresidents of the state. 1539
The Florida Tourism Industry Marketing Corporation shall 1540
establish guidelines governing the award of grants and the 1541
administration of this program. The department has final 1542
approval authority for any grants under this section. The total 1543
annual allocation of funds for this program shall not exceed 1544
$40,000. 1545
Section 34. Subsection (2) of section 288.7015, Florida 1546
Statutes, is amended to read: 1547
288.7015 Appointment of rules ombudsman; duties.—The 1548
Governor shall appoint a rules ombudsman, as defined in s. 1549
288.703, in the Executive Office of the Governor, for 1550

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considering the impact of agency rules on the state's citizens 1551
and businesses. The duties of the rules ombudsman are to: 1552
(2) Review state agency rules that adversely or 1553
disproportionately impact businesses, particularly those 1554
relating to small and minority businesses. 1555
Section 35. Subsections (2), (5), and (6) of section 1556
288.703, Florida Statutes, are renumbered as (1), (2), and (3), 1557
respectively, and subsection (1) and present subsections (3), 1558
(4), and (5) of that section are amended, to read: 1559
288.703 Definitions.—As used in ss. 288.702-288.706, the 1560
term: 1561
(1) "Certified minority business enterprise" means a 1562
business which has been certified by the certifying organization 1563
or jurisdiction in accordance with s. 287.0943(1) and (2). 1564
(3) "Minority business enterprise" means any small 1565
business concern as defined in subsection (6) which is organized 1566
to engage in commercial transactions, which is domiciled in 1567
Florida, and which is at least 51-percent-owned by minority 1568
persons who are members of an insular group that is of a 1569
particular racial, ethnic, or gender makeup or national origin, 1570
which has been subjected historically to disparate treatment due 1571
to identification in and with that group resulting in an 1572
underrepresentation of commercial enterprises under the group's 1573
control, and whose management and daily operations are 1574
controlled by such persons. A minority business enterprise may 1575

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primarily involve the practice of a profession. Ownership by a 1576
minority person does not include ownership which is the result 1577
of a transfer from a nonminority person to a minority person 1578
within a related immediate family group if the combined total 1579
net asset value of all members of such family group exceeds $1 1580
million. For purposes of this subsection, the term "related 1581
immediate family group" means one or more children under 16 1582
years of age and a parent of such children or the spouse of such 1583
parent residing in the same house or living unit. 1584
(4) "Minority person" means a lawful, permanent resident 1585
of Florida who is: 1586
(a) An African American, a person having origins in any of 1587
the black racial groups of the African Diaspora, regardless of 1588
cultural origin. 1589
(b) A Hispanic American, a person of Spanish or Portuguese 1590
culture with origins in Spain, Portugal, Mexico, South America, 1591
Central America, or the Caribbean, regardless of race. 1592
(c) An Asian American, a person having origins in any of 1593
the original peoples of the Far East, Southeast Asia, the Indian 1594
Subcontinent, or the Pacific Islands, including the Hawaiian 1595
Islands before 1778. 1596
(d) A Native American, a person who has origins in any of 1597
the Indian Tribes of North America before 1835, upon 1598
presentation of proper documentation thereof as established by 1599
rule of the Department of Management Services. 1600

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(e) An American woman. 1601
(2)(5) "Ombudsman" means an office or individual whose 1602
responsibilities include coordinating with the Office of 1603
Supplier Development Diversity for the interests of and 1604
providing assistance to small and minority business enterprises 1605
in dealing with governmental agencies and in developing 1606
proposals for changes in state agency rules. 1607
Section 36. Section 288.7031, Florida Statutes, is amended 1608
to read: 1609
288.7031 Application of definition certain definitions.—1610
The definition definitions of "small business," "minority 1611
business enterprise," and "certified minority business 1612
enterprise" provided in s. 288.703 applies apply to the state 1613
and all political subdivisions of the state. 1614
Section 37. Subsection (2) of section 288.706, Florida 1615
Statutes, is amended to read: 1616
288.706 Florida Minority Business Loan Mobilization 1617
Program.— 1618
(2) The Florida Minority Business Loan Mobilization 1619
Program is created to promote the development of minority 1620
business enterprises, as defined in s. 288.703(3), increase the 1621
ability of minority business enterprises to compete for state 1622
contracts, and sustain the economic growth of minority business 1623
enterprises in this state. The goal of the program is to assist 1624
minority business enterprises by facilitating working capital 1625

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loans to minority business enterprises that are vendors on state 1626
agency contracts. The Department of Management Services shall 1627
administer the program. 1628
Section 38. Paragraph (a) of subsection (1) of section 1629
288.776, Florida Statutes, is amended to read: 1630
288.776 Board of directors; powers and duties.— 1631
(1)(a) The corporation shall have a board of directors 1632
consisting of 15 members representing all geographic areas of 1633
the state. Minority and gender representation must be considered 1634
when making appointments to the board. The board membership must 1635
include: 1636
1. A representative of the following businesses, all of 1637
which must be registered to do business in this state: a foreign 1638
bank, a state bank, a federal bank, an insurance company 1639
involved in covering trade financing risks, and a small or 1640
medium-sized exporter. 1641
2. The following persons or their designees designee: the 1642
Secretary of Commerce, the Chief Financial Officer, the 1643
Secretary of State, and a senior official of the United States 1644
Department of Commerce. 1645
Section 39. Subsection (4) of section 290.004, Florida 1646
Statutes, is amended to read: 1647
290.004 Definitions relating to Florida Enterprise Zone 1648
Act.—As used in ss. 290.001-290.016: 1649
(4) "Minority business enterprise" has the same meaning as 1650

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provided in s. 288.703. 1651
Section 40. Subsection (10) of section 290.0056, Florida 1652
Statutes, is amended to read: 1653
290.0056 Enterprise zone development agency.— 1654
(10) Contingent upon approval by the governing body, the 1655
agency may invest in community investment corporations which 1656
conduct, or agree to conduct, loan guarantee programs assisting 1657
small minority business enterprises located in the enterprise 1658
zone. In making such investments, the agency shall first attempt 1659
to invest in existing community investment corporations 1660
providing services in the enterprise zone. Such investments 1661
shall be made under conditions required by law and as the agency 1662
may require, including, but not limited to: 1663
(a) The funds invested by the agency shall be used to 1664
provide loan guarantees to individuals for small minority 1665
business enterprises located in the enterprise zone. 1666
(b) The community investment corporation may not approve 1667
any application for a loan guarantee unless the person applying 1668
for the loan guarantee shows that he or she has applied for the 1669
loan or loan guarantee through normal banking channels and that 1670
the loan or loan guarantee has been refused by at least one bank 1671
or other financial institution. 1672
Section 41. Paragraph (f) of subsection (1) of section 1673
290.0057, Florida Statutes, is amended to read: 1674
290.0057 Enterprise zone development plan.— 1675

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(1) Any application for designation as a new enterprise 1676
zone must be accompanied by a strategic plan adopted by the 1677
governing body of the municipality or county, or the governing 1678
bodies of the county and one or more municipalities together. At 1679
a minimum, the plan must: 1680
(f) Identify the amount of local and private resources 1681
that will be available in the nominated area and the 1682
private/public partnerships to be used, which may include 1683
participation by, and cooperation with, universities, community 1684
colleges, small business development centers, black business 1685
investment corporations, certified development corporations, and 1686
other private and public entities. 1687
Section 42. Paragraph (c) of subsection (3) of section 1688
290.046, Florida Statutes, is amended to read: 1689
290.046 Applications for grants; procedures; 1690
requirements.— 1691
(3) 1692
(c) The application's program impact score, equal 1693
employment opportunity and fair housing score, and communitywide 1694
needs score may take into consideration scoring factors, 1695
including, but not limited to, unemployment, poverty levels, 1696
low-income and moderate-income populations, benefits to low-1697
income and moderate-income residents, use of minority-owned and 1698
woman-owned business enterprises in previous grants, health and 1699
safety issues, and the condition of physical structures. 1700

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Section 43. Paragraph (b) of subsection (4) of section 1701
295.187, Florida Statutes, is amended to read: 1702
295.187 Florida Veteran Business Enterprise Opportunity 1703
Act.— 1704
(4) VENDOR PREFERENCE.— 1705
(b) Notwithstanding s. 287.057(12), If a veteran business 1706
enterprise entitled to the vendor preference under this section 1707
and one or more businesses entitled to this preference or 1708
another vendor preference provided by law submit bids, 1709
proposals, or replies for procurement of commodities or 1710
contractual services which are equal with respect to all 1711
relevant considerations, including price, quality, and service, 1712
the state agency shall award the procurement or contract to the 1713
business having the smallest net worth. 1714
Section 44. Subsection (3) of section 320.63, Florida 1715
Statutes, is amended to read: 1716
320.63 Application for license; contents.—Any person 1717
desiring to be licensed pursuant to ss. 320.60-320.70 shall make 1718
application therefor to the department upon a form containing 1719
such information as the department requires. The department 1720
shall require, with such application or otherwise and from time 1721
to time, all of the following, which information may be 1722
considered by the department in determining the fitness of the 1723
applicant or licensee to engage in the business for which the 1724
applicant or licensee desires to be licensed: 1725

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(3) From each manufacturer, distributor, or importer which 1726
utilizes an identical blanket basic agreement for its dealers or 1727
distributors in this state, which agreement comprises all or any 1728
part of the applicant's or licensee's agreements with motor 1729
vehicle dealers in this state, a copy of the written agreement 1730
and all supplements thereto, together with a list of the 1731
applicant's or licensee's authorized dealers or distributors and 1732
their addresses. The applicant or licensee shall further notify 1733
the department immediately of the appointment of any additional 1734
dealer or distributor. The applicant or licensee shall annually 1735
report to the department on its efforts to add new minority 1736
dealer points, including difficulties encountered under ss. 1737
320.61-320.70. For purposes of this section "minority" shall 1738
have the same meaning as that given it in the definition of 1739
"minority person" in s. 288.703. Not later than 60 days before 1740
the date a revision or modification to a franchise agreement is 1741
offered uniformly to a licensee's motor vehicle dealers in this 1742
state, the licensee shall notify the department of such 1743
revision, modification, or addition to the franchise agreement 1744
on file with the department. In no event may a franchise 1745
agreement, or any addendum or supplement thereto, be offered to 1746
a motor vehicle dealer in this state until the applicant or 1747
licensee files an affidavit with the department acknowledging 1748
that the terms or provisions of the agreement, or any related 1749
document, are not inconsistent with, prohibited by, or contrary 1750

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to the provisions contained in ss. 320.60-320.70. Any franchise 1751
agreement offered to a motor vehicle dealer in this state shall 1752
provide that all terms and conditions in such agreement 1753
inconsistent with the law and rules of this state are of no 1754
force and effect. 1755
Section 45. Paragraph (d) of subsection (4) of section 1756
337.11, Florida Statutes, is amended to read: 1757
337.11 Contracting authority of department; bids; 1758
emergency repairs, supplemental agreements, and change orders; 1759
combined design and construction contracts; progress payments; 1760
records; requirements of vehicle registration.— 1761
(4) 1762
(d) Notwithstanding the requirements of ss. 120.57(3)(c) 1763
and 287.057(23) 287.057(25), upon receipt of a formal written 1764
protest that is timely filed, the department may continue the 1765
process provided in this subsection but may not take final 1766
agency action as to the lowest bidder except as part of the 1767
department's final agency action in the protest or upon 1768
dismissal of the protest by the protesting party. 1769
Section 46. Paragraph (b) of subsection (5) of section 1770
339.63, Florida Statutes, is amended to read: 1771
339.63 System facilities designated; additions and 1772
deletions.— 1773
(5) 1774
(b) A facility designated part of the Strategic Intermodal 1775

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System pursuant to paragraph (a) that is within the jurisdiction 1776
of a local government that maintains a transportation 1777
concurrency system shall receive a waiver of transportation 1778
concurrency requirements applicable to Strategic Intermodal 1779
System facilities in order to accommodate any development at the 1780
facility which occurs pursuant to a building permit issued on or 1781
before December 31, 2017, but only if such facility is located: 1782
1. Within an area designated pursuant to s. 288.0656(7) as 1783
a rural area of opportunity; 1784
2. Within a rural enterprise zone as defined in s. 290.004 1785
s. 290.004(5); or 1786
3. Within 15 miles of the boundary of a rural area of 1787
opportunity or a rural enterprise zone. 1788
Section 47. Paragraph (a) of subsection (2) of section 1789
376.3072, Florida Statutes, is amended to read: 1790
376.3072 Florida Petroleum Liability and Restoration 1791
Insurance Program.— 1792
(2)(a) An owner or operator of a petroleum storage system 1793
may become an insured in the restoration insurance program at a 1794
facility if: 1795
1. A site at which an incident has occurred is eligible 1796
for restoration if the insured is a participant in the third-1797
party liability insurance program or otherwise meets applicable 1798
financial responsibility requirements. After July 1, 1993, the 1799
insured must also provide the required excess insurance coverage 1800

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or self-insurance for restoration to achieve the financial 1801
responsibility requirements of 40 C.F.R. s. 280.97, subpart H, 1802
not covered by paragraph (d). 1803
2. A site which had a discharge reported before January 1, 1804
1989, for which notice was given pursuant to s. 376.3071(10) and 1805
which is ineligible for the third-party liability insurance 1806
program solely due to that discharge is eligible for 1807
participation in the restoration program for an incident 1808
occurring on or after January 1, 1989, pursuant to subsection 1809
(3). Restoration funding for an eligible contaminated site will 1810
be provided without participation in the third-party liability 1811
insurance program until the site is restored as required by the 1812
department or until the department determines that the site does 1813
not require restoration. 1814
3. Notwithstanding paragraph (b), a site where an 1815
application is filed with the department before January 1, 1995, 1816
where the owner is a small business under s. 288.703(3) s. 1817
288.703(6), a Florida College System institution with less than 1818
2,500 FTE, a religious institution as defined by s. 1819
212.08(7)(m), a charitable institution as defined by s. 1820
212.08(7)(p), or a county or municipality with a population of 1821
less than 50,000, is eligible for up to $400,000 of eligible 1822
restoration costs, less a deductible of $10,000 for small 1823
businesses, eligible Florida College System institutions, and 1824
religious or charitable institutions, and $30,000 for eligible 1825

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counties and municipalities, if: 1826
a. Except as provided in sub-subparagraph e., the facility 1827
was in compliance with department rules at the time of the 1828
discharge. 1829
b. The owner or operator has, upon discovery of a 1830
discharge, promptly reported the discharge to the department, 1831
and drained and removed the system from service, if necessary. 1832
c. The owner or operator has not intentionally caused or 1833
concealed a discharge or disabled leak detection equipment. 1834
d. The owner or operator proceeds to complete initial 1835
remedial action as specified in department rules. 1836
e. The owner or operator, if required and if it has not 1837
already done so, applies for third-party liability coverage for 1838
the facility within 30 days after receipt of an eligibility 1839
order issued by the department pursuant to this subparagraph. 1840
1841
However, the department may consider in-kind services from 1842
eligible counties and municipalities in lieu of the $30,000 1843
deductible. The cost of conducting initial remedial action as 1844
defined by department rules is an eligible restoration cost 1845
pursuant to this subparagraph. 1846
4.a. By January 1, 1997, facilities at sites with existing 1847
contamination must have methods of release detection to be 1848
eligible for restoration insurance coverage for new discharges 1849
subject to department rules for secondary containment. Annual 1850

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storage system testing, in conjunction with inventory control, 1851
shall be considered to be a method of release detection until 1852
the later of December 22, 1998, or 10 years after the date of 1853
installation or the last upgrade. Other methods of release 1854
detection for storage tanks which meet such requirement are: 1855
(I) Interstitial monitoring of tank and integral piping 1856
secondary containment systems; 1857
(II) Automatic tank gauging systems; or 1858
(III) A statistical inventory reconciliation system with a 1859
tank test every 3 years. 1860
b. For pressurized integral piping systems, the owner or 1861
operator must use: 1862
(I) An automatic in-line leak detector with flow 1863
restriction meeting the requirements of department rules used in 1864
conjunction with an annual tightness or pressure test; or 1865
(II) An automatic in-line leak detector with electronic 1866
flow shut-off meeting the requirements of department rules. 1867
c. For suction integral piping systems, the owner or 1868
operator must use: 1869
(I) A single check valve installed directly below the 1870
suction pump if there are no other valves between the dispenser 1871
and the tank; or 1872
(II) An annual tightness test or other approved test. 1873
d. Owners of facilities with existing contamination that 1874
install internal release detection systems pursuant to sub-1875

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subparagraph a. shall permanently close their external 1876
groundwater and vapor monitoring wells pursuant to department 1877
rules by December 31, 1998. Upon installation of the internal 1878
release detection system, such wells must be secured and taken 1879
out of service until permanent closure. 1880
e. Facilities with vapor levels of contamination meeting 1881
the requirements of or below the concentrations specified in the 1882
performance standards for release detection methods specified in 1883
department rules may continue to use vapor monitoring wells for 1884
release detection. 1885
f. The department may approve other methods of release 1886
detection for storage tanks and integral piping which have at 1887
least the same capability to detect a new release as the methods 1888
specified in this subparagraph. 1889
1890
Sites meeting the criteria of this subsection for which a site 1891
rehabilitation completion order was issued before June 1, 2008, 1892
do not qualify for the 2008 increase in site rehabilitation 1893
funding assistance and are bound by the pre-June 1, 2008, 1894
limits. Sites meeting the criteria of this subsection for which 1895
a site rehabilitation completion order was not issued before 1896
June 1, 2008, regardless of whether they have previously 1897
transitioned to nonstate-funded cleanup status, may continue 1898
state-funded cleanup pursuant to s. 376.3071(6) until a site 1899
rehabilitation completion order is issued or the increased site 1900

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rehabilitation funding assistance limit is reached, whichever 1901
occurs first. 1902
Section 48. Paragraph (g) of subsection (1) of section 1903
376.84, Florida Statutes, is amended to read: 1904
376.84 Brownfield redevelopment economic incentives.—It is 1905
the intent of the Legislature that brownfield redevelopment 1906
activities be viewed as opportunities to significantly improve 1907
the utilization, general condition, and appearance of these 1908
sites. Different standards than those in place for new 1909
development, as allowed under current state and local laws, 1910
should be used to the fullest extent to encourage the 1911
redevelopment of a brownfield. State and local governments are 1912
encouraged to offer redevelopment incentives for this purpose, 1913
as an ongoing public investment in infrastructure and services, 1914
to help eliminate the public health and environmental hazards, 1915
and to promote the creation of jobs in these areas. Such 1916
incentives may include financial, regulatory, and technical 1917
assistance to persons and businesses involved in the 1918
redevelopment of the brownfield pursuant to this act. 1919
(1) Financial incentives and local incentives for 1920
redevelopment may include, but not be limited to: 1921
(g) Minority business enterprise programs as provided in 1922
s. 287.0943. 1923
Section 49. Paragraph (b) of subsection (8) of section 1924
381.986, Florida Statutes, is amended to read: 1925

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381.986 Medical use of marijuana.— 1926
(8) MEDICAL MARIJUANA TREATMENT CENTERS.— 1927
(b) An applicant for licensure as a medical marijuana 1928
treatment center must apply to the department on a form 1929
prescribed by the department and adopted in rule. The department 1930
shall adopt rules pursuant to ss. 120.536(1) and 120.54 1931
establishing a procedure for the issuance and biennial renewal 1932
of licenses, including initial application and biennial renewal 1933
fees sufficient to cover the costs of implementing and 1934
administering this section, and establishing supplemental 1935
licensure fees for payment beginning May 1, 2018, sufficient to 1936
cover the costs of administering ss. 381.989 and 1004.4351. The 1937
department shall identify applicants with strong diversity plans 1938
reflecting this state's commitment to diversity and implement 1939
training programs and other educational programs to enable 1940
minority persons and minority business enterprises, as defined 1941
in s. 288.703, and veteran business enterprises, as defined in 1942
s. 295.187, to compete for medical marijuana treatment center 1943
licensure and contracts. Subject to the requirements in 1944
subparagraphs (a)2.-4., the department shall issue a license to 1945
an applicant if the applicant meets the requirements of this 1946
section and pays the initial application fee. The department 1947
shall renew the licensure of a medical marijuana treatment 1948
center biennially if the licensee meets the requirements of this 1949
section and pays the biennial renewal fee. However, the 1950

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department may not renew the license of a medical marijuana 1951
treatment center that has not begun to cultivate, process, and 1952
dispense marijuana by the date that the medical marijuana 1953
treatment center is required to renew its license. An individual 1954
may not be an applicant, owner, officer, board member, or 1955
manager on more than one application for licensure as a medical 1956
marijuana treatment center. An individual or entity may not be 1957
awarded more than one license as a medical marijuana treatment 1958
center. An applicant for licensure as a medical marijuana 1959
treatment center must demonstrate: 1960
1. That, for the 5 consecutive years before submitting the 1961
application, the applicant has been registered to do business in 1962
this state. 1963
2. Possession of a valid certificate of registration 1964
issued by the Department of Agriculture and Consumer Services 1965
pursuant to s. 581.131. 1966
3. The technical and technological ability to cultivate 1967
and produce marijuana, including, but not limited to, low-THC 1968
cannabis. 1969
4. The ability to secure the premises, resources, and 1970
personnel necessary to operate as a medical marijuana treatment 1971
center. 1972
5. The ability to maintain accountability of all raw 1973
materials, finished products, and any byproducts to prevent 1974
diversion or unlawful access to or possession of these 1975

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substances. 1976
6. An infrastructure reasonably located to dispense 1977
marijuana to registered qualified patients statewide or 1978
regionally as determined by the department. 1979
7. The financial ability to maintain operations for the 1980
duration of the 2-year approval cycle, including the provision 1981
of certified financial statements to the department. 1982
a. Upon approval, the applicant must post a $5 million 1983
performance bond issued by an authorized surety insurance 1984
company rated in one of the three highest rating categories by a 1985
nationally recognized rating service. However, a medical 1986
marijuana treatment center serving at least 1,000 qualified 1987
patients is only required to maintain a $2 million performance 1988
bond. 1989
b. In lieu of the performance bond required under sub-1990
subparagraph a., the applicant may provide an irrevocable letter 1991
of credit payable to the department or provide cash to the 1992
department. If provided with cash under this sub-subparagraph, 1993
the department must deposit the cash in the Grants and Donations 1994
Trust Fund within the Department of Health, subject to the same 1995
conditions as the bond regarding requirements for the applicant 1996
to forfeit ownership of the funds. If the funds deposited under 1997
this sub-subparagraph generate interest, the amount of that 1998
interest must be used by the department for the administration 1999
of this section. 2000

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8. That all owners and managers have passed a background 2001
screening pursuant to subsection (9). As used in this 2002
subparagraph, the term: 2003
a. "Manager" means any person with the authority to 2004
exercise or contribute to the operational control, direction, or 2005
management of an applicant or a medical marijuana treatment 2006
center or who has authority to supervise any employee of an 2007
applicant or a medical marijuana treatment center. The term 2008
includes an individual with the power or authority to direct or 2009
influence the direction or operation of an applicant or a 2010
medical marijuana treatment center through board membership, an 2011
agreement, or a contract. 2012
b. "Owner" means any person who owns or controls a 5 2013
percent or greater share of interests of the applicant or a 2014
medical marijuana treatment center which include beneficial or 2015
voting rights to interests. In the event that one person owns a 2016
beneficial right to interests and another person holds the 2017
voting rights with respect to such interests, then in such case, 2018
both are considered the owner of such interests. 2019
9. The employment of a medical director to supervise the 2020
activities of the medical marijuana treatment center. 2021
10. A diversity plan that promotes and ensures the 2022
involvement of minority persons and minority business 2023
enterprises, as defined in s. 288.703, or veteran business 2024
enterprises, as defined in s. 295.187, in ownership, management, 2025

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and employment. An applicant for licensure renewal must show the 2026
effectiveness of the diversity plan by including the following 2027
with his or her application for renewal: 2028
a. Representation of minority persons and veterans in the 2029
medical marijuana treatment center's workforce; 2030
b. Efforts to recruit minority persons and veterans for 2031
employment; and 2032
c. A record of contracts for services with minority 2033
business enterprises and veteran business enterprises. 2034
Section 50. Subsection (5) of section 383.216, Florida 2035
Statutes, is amended to read: 2036
383.216 Community-based prenatal and infant health care.— 2037
(5) The membership of each prenatal and infant health care 2038
coalition shall represent health care providers, the recipient 2039
community, and the community at large; shall represent the 2040
racial, ethnic, and gender composition of the community; and 2041
shall include at least the following: 2042
(a) Consumers of family planning, primary care, or 2043
prenatal care services, at least two of whom are low-income or 2044
Medicaid eligible. 2045
(b) Health care providers, including: 2046
1. County health departments. 2047
2. Migrant and community health centers. 2048
3. Hospitals. 2049
4. Local medical societies. 2050

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5. Local health planning organizations. 2051
(c) Local health advocacy interest groups and community 2052
organizations. 2053
(d) County and municipal governments. 2054
(e) Social service organizations. 2055
(f) Local education communities. 2056
Section 51. Paragraph (a) of subsection (1) of section 2057
394.47865, Florida Statutes, is amended to read: 2058
394.47865 South Florida State Hospital; privatization.— 2059
(1) The Department of Children and Families shall, through 2060
a request for proposals, privatize South Florida State Hospital. 2061
The department shall plan to begin implementation of this 2062
privatization initiative by July 1, 1998. 2063
(a) Notwithstanding s. 287.057(12) s. 287.057(14), the 2064
department may enter into agreements, not to exceed 20 years, 2065
with a private provider, a coalition of providers, or another 2066
agency to finance, design, and construct a treatment facility 2067
having up to 350 beds and to operate all aspects of daily 2068
operations within the facility. The department may subcontract 2069
any or all components of this procurement to a statutorily 2070
established state governmental entity that has successfully 2071
contracted with private companies for designing, financing, 2072
acquiring, leasing, constructing, and operating major privatized 2073
state facilities. 2074
Section 52. Section 395.807, Florida Statutes, is 2075

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repealed. 2076
Section 53. Paragraph (b) of subsection (2) and subsection 2077
(3) of section 402.7305, Florida Statutes, are amended to read: 2078
402.7305 Department of Children and Families; procurement 2079
of contractual services; contract management.— 2080
(2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.— 2081
(b) When it is in the best interest of a defined segment 2082
of its consumer population, the department may competitively 2083
procure and contract for systems of treatment or service that 2084
involve multiple providers, rather than procuring and 2085
contracting for treatment or services separately from each 2086
participating provider. The department must ensure that all 2087
providers that participate in the treatment or service system 2088
meet all applicable statutory, regulatory, service quality, and 2089
cost control requirements. If other governmental entities or 2090
units of special purpose government contribute matching funds to 2091
the support of a given system of treatment or service, the 2092
department shall formally request information from those funding 2093
entities in the procurement process and may take the information 2094
received into account in the selection process. If a local 2095
government contributes matching funds to support the system of 2096
treatment or contracted service and if the match constitutes at 2097
least 25 percent of the value of the contract, the department 2098
shall afford the governmental match contributor an opportunity 2099
to name an employee as one of the persons required by s. 2100

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287.057(15) s. 287.057(17) to evaluate or negotiate certain 2101
contracts, unless the department sets forth in writing the 2102
reason why the inclusion would be contrary to the best interest 2103
of the state. Any employee so named by the governmental match 2104
contributor shall qualify as one of the persons required by s. 2105
287.057(15) s. 287.057(17). A governmental entity or unit of 2106
special purpose government may not name an employee as one of 2107
the persons required by s. 287.057(15) s. 287.057(17) if it, or 2108
any of its political subdivisions, executive agencies, or 2109
special districts, intends to compete for the contract to be 2110
awarded. The governmental funding entity or contributor of 2111
matching funds must comply with all procurement procedures set 2112
forth in s. 287.057 when appropriate and required. 2113
(3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.—The 2114
Department of Children and Families shall review the time period 2115
for which the department executes contracts and shall execute 2116
multiyear contracts to make the most efficient use of the 2117
resources devoted to contract processing and execution. Whenever 2118
the department chooses not to use a multiyear contract, a 2119
justification for that decision must be contained in the 2120
contract. Notwithstanding s. 287.057(13) s. 287.057(15), the 2121
department is responsible for establishing a contract management 2122
process that requires a member of the department's Senior 2123
Management or Selected Exempt Service to assign in writing the 2124
responsibility of a contract to a contract manager. The 2125

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department shall maintain a set of procedures describing its 2126
contract management process which must minimally include the 2127
following requirements: 2128
(a) The contract manager shall maintain the official 2129
contract file throughout the duration of the contract and for a 2130
period not less than 6 years after the termination of the 2131
contract. 2132
(b) The contract manager shall review all invoices for 2133
compliance with the criteria and payment schedule provided for 2134
in the contract and shall approve payment of all invoices before 2135
their transmission to the Department of Financial Services for 2136
payment. 2137
(c) The contract manager shall maintain a schedule of 2138
payments and total amounts disbursed and shall periodically 2139
reconcile the records with the state's official accounting 2140
records. 2141
(d) For contracts involving the provision of direct client 2142
services, the contract manager shall periodically visit the 2143
physical location where the services are delivered and speak 2144
directly to clients receiving the services and the staff 2145
responsible for delivering the services. 2146
(e) The contract manager shall meet at least once a month 2147
directly with the contractor's representative and maintain 2148
records of such meetings. 2149
(f) The contract manager shall periodically document any 2150

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differences between the required performance measures and the 2151
actual performance measures. If a contractor fails to meet and 2152
comply with the performance measures established in the 2153
contract, the department may allow a reasonable period for the 2154
contractor to correct performance deficiencies. If performance 2155
deficiencies are not resolved to the satisfaction of the 2156
department within the prescribed time, and if no extenuating 2157
circumstances can be documented by the contractor to the 2158
department's satisfaction, the department must terminate the 2159
contract. The department may not enter into a new contract with 2160
that same contractor for the services for which the contract was 2161
previously terminated for a period of at least 24 months after 2162
the date of termination. The contract manager shall obtain and 2163
enforce corrective action plans, if appropriate, and maintain 2164
records regarding the completion or failure to complete 2165
corrective action items. 2166
(g) The contract manager shall document any contract 2167
modifications, which shall include recording any contract 2168
amendments as provided for in this section. 2169
(h) The contract manager shall be properly trained before 2170
being assigned responsibility for any contract. 2171
Section 54. Subsection (2) of section 408.045, Florida 2172
Statutes, is amended to read: 2173
408.045 Certificate of need; competitive sealed 2174
proposals.— 2175

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(2) The agency shall make a decision regarding the 2176
issuance of the certificate of need in accordance with the 2177
provisions of s. 287.057(15) s. 287.057(17), rules adopted by 2178
the agency relating to intermediate care facilities for the 2179
developmentally disabled, and the criteria in s. 408.035, as 2180
further defined by rule. 2181
Section 55. Subsection (24) of section 409.901, Florida 2182
Statutes, is amended to read: 2183
409.901 Definitions; ss. 409.901-409.920.—As used in ss. 2184
409.901-409.920, except as otherwise specifically provided, the 2185
term: 2186
(24) "Minority physician network" means a network of 2187
primary care physicians with experience managing Medicaid or 2188
Medicare recipients that is predominantly owned by minorities as 2189
defined in s. 288.703, which may have a collaborative 2190
partnership with a public college or university and a tax-exempt 2191
charitable corporation. 2192
Section 56. Paragraph (e) of subsection (1) of section 2193
409.920, Florida Statutes, is amended to read: 2194
409.920 Medicaid provider fraud.— 2195
(1) For the purposes of this section, the term: 2196
(e) "Managed care plans" means a health insurer authorized 2197
under chapter 624, an exclusive provider organization authorized 2198
under chapter 627, a health maintenance organization authorized 2199
under chapter 641, a prepaid health plan authorized under this 2200

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chapter, a provider service network authorized under this 2201
chapter, a minority physician network authorized under this 2202
chapter, and an emergency department diversion program 2203
authorized under this chapter or the General Appropriations Act, 2204
providing health care services pursuant to a contract with the 2205
Medicaid program. 2206
Section 57. Section 420.622, Florida Statutes, is 2207
repealed. 2208
Section 58. Paragraph (b) of subsection (4) of section 2209
430.502, Florida Statutes, is amended to read: 2210
430.502 Alzheimer's disease; memory disorder clinics and 2211
day care and respite care programs.— 2212
(4) The department shall develop performance goals that 2213
exceed the minimum performance standards developed under 2214
subsection (3), which goals must be achieved in order for a 2215
memory disorder clinic to be eligible for incentive funding 2216
above the base level, subject to legislative appropriation. 2217
Incentive funding shall be based on criteria including, but not 2218
limited to: 2219
(b) Significant increase in public outreach to low-income 2220
and minority populations. 2221
Section 59. Paragraph (b) of subsection (2) of section 2222
440.45, Florida Statutes, is amended to read: 2223
440.45 Office of the Judges of Compensation Claims.— 2224
(2) 2225

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(b) Except as provided in paragraph (c), the Governor 2226
shall appoint a judge of compensation claims from a list of 2227
three persons nominated by a statewide nominating commission. 2228
The statewide nominating commission shall be composed of the 2229
following: 2230
1. Six members, at least one of whom must be a member of a 2231
minority group as defined in s. 288.703, one of each who resides 2232
in each of the territorial jurisdictions of the district courts 2233
of appeal, appointed by the Board of Governors of The Florida 2234
Bar from among The Florida Bar members engaged in the practice 2235
of law. Each member shall be appointed for a 4-year term; 2236
2. Six electors, at least one of whom must be a member of 2237
a minority group as defined in s. 288.703, one of each who 2238
resides in each of the territorial jurisdictions of the district 2239
courts of appeal, appointed by the Governor. Each member shall 2240
be appointed for a 4-year term; and 2241
3. Six electors, at least one of whom must be a member of 2242
a minority group as defined in s. 288.703, one of each who 2243
resides in the territorial jurisdictions of the district courts 2244
of appeal, selected and appointed by a majority vote of the 2245
other 10 members of the commission. Each member shall be 2246
appointed for a 4-year term. 2247
2248
A vacancy occurring on the commission shall be filled by the 2249
original appointing authority for the unexpired balance of the 2250

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term. An attorney who appears before any judge of compensation 2251
claims more than four times a year is not eligible to serve on 2252
the statewide nominating commission. The meetings and 2253
determinations of the nominating commission as to the judges of 2254
compensation claims shall be open to the public. 2255
Section 60. Subsections (9) through (15) of section 2256
445.007, Florida Statutes, are renumbered as subsections (8) 2257
through (14), respectively, and subsections (1) and (8) of that 2258
section are amended, to read: 2259
445.007 Local workforce development boards.— 2260
(1) One local workforce development board shall be 2261
appointed in each designated service delivery area and shall 2262
serve as the local workforce development board pursuant to Pub. 2263
L. No. 113-128. The membership of the local board must be 2264
consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a 2265
public education or training provider is represented on the 2266
local board, a representative of a private education provider 2267
must also be appointed to the local board. The state board may 2268
waive this requirement if requested by a local board if it is 2269
demonstrated that such representatives do not exist in the 2270
region. The importance of minority and gender representation 2271
shall be considered when making appointments to the local board. 2272
The local board, its committees, subcommittees, and 2273
subdivisions, and other units of the workforce system, including 2274
units that may consist in whole or in part of local governmental 2275

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units, may use any method of telecommunications to conduct 2276
meetings, including establishing a quorum through 2277
telecommunications, provided that the public is given proper 2278
notice of the telecommunications meeting and reasonable access 2279
to observe and, when appropriate, participate. Local boards are 2280
subject to chapters 119 and 286 and s. 24, Art. I of the State 2281
Constitution. Each member of a local board who is not otherwise 2282
required to file a full and public disclosure of financial 2283
interests under s. 8, Art. II of the State Constitution or s. 2284
112.3144 shall file a statement of financial interests under s. 2285
112.3145. The executive director or designated person 2286
responsible for the operational and administrative functions of 2287
the local board who is not otherwise required to file a full and 2288
public disclosure of financial interests under s. 8, Art. II of 2289
the State Constitution or s. 112.3144 shall file a statement of 2290
financial interests under s. 112.3145. The local board's 2291
website, or the department's website if the local board does not 2292
maintain a website, must inform the public that each disclosure 2293
or statement has been filed with the Commission on Ethics and 2294
provide information how each disclosure or statement may be 2295
reviewed. The notice to the public must remain on the website 2296
throughout the term of office or employment of the filer and 2297
until 1 year after the term on the local board or employment 2298
ends. 2299
(8) The importance of minority and gender representation 2300

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shall be considered when appointments are made to any committee 2301
established by the local workforce development board. 2302
Section 61. Subsection (12) of section 446.041, Florida 2303
Statutes, is amended to read: 2304
446.041 Duties of the department.—The department shall: 2305
(12) Ensure that minority and gender diversity are 2306
considered in administering this program. 2307
Section 62. Section 473.3065, Florida Statutes, is amended 2308
to read: 2309
473.3065 Clay Ford Scholarship Program; Certified Public 2310
Accountant Education Opportunity Minority Assistance Advisory 2311
Council.— 2312
(1) The Clay Ford Scholarship Program for Florida 2313
residents is hereby established in the division for the purpose 2314
of providing scholarships to minority persons as defined in s. 2315
288.703 who are students enrolled in their fifth year of an 2316
accounting education program at an institution in this state 2317
approved by the board by rule. A Certified Public Accountant 2318
Education Opportunity Minority Assistance Advisory Council shall 2319
assist the board in administering the program. 2320
(2) All moneys used to provide scholarships under the Clay 2321
Ford Scholarship Program shall be funded by a portion of 2322
existing license fees, as set by the board, not to exceed $10 2323
per license. Such moneys shall be deposited into the 2324
Professional Regulation Trust Fund in a separate account 2325

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maintained for that purpose. The department may spend up to 2326
$200,000 per year for the program from this program account but 2327
may not allocate overhead charges to it. Moneys for scholarships 2328
shall be disbursed twice per year upon recommendation of the 2329
advisory council and approval by the board, based on the adopted 2330
eligibility criteria and comparative evaluation of all 2331
applicants. Funds in the program account may be invested by the 2332
Chief Financial Officer under the same limitations as apply to 2333
investment of other state funds, and all interest earned thereon 2334
shall be credited to the program account. 2335
(3) The board shall adopt rules as necessary for 2336
administration of the Clay Ford Scholarship Program, including 2337
rules relating to the following: 2338
(a) Eligibility criteria for receipt of a scholarship, 2339
which, at a minimum, shall include the following factors: 2340
1. Financial need. 2341
2. Ethnic, gender, or racial minority status pursuant to 2342
s. 288.703(4). 2343
2.3. Scholastic ability and performance. 2344
(b) Scholarship application procedures. 2345
(c) Amounts in which scholarships may be provided, the 2346
total amount that may be provided, the timeframe for payments or 2347
partial payments, and criteria for how scholarship funds may be 2348
expended. 2349
(d) The total amount of scholarships that can be made each 2350

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year. 2351
(e) The minimum balance that must be maintained in the 2352
program account. 2353
(4) Determinations made by the board regarding recipients 2354
of scholarship moneys shall not be considered agency action for 2355
purposes of chapter 120. 2356
(5) It is unlawful for any person or agent of such person 2357
to knowingly file with the board any notice, statement, or other 2358
document that is false or that contains any material 2359
misstatement of fact. A person who violates this subsection 2360
commits a misdemeanor of the second degree, punishable as 2361
provided in s. 775.082 or s. 775.083. 2362
(6) There is hereby created the Certified Public 2363
Accountant Education Opportunity Minority Assistance Advisory 2364
Council to assist the board in administering the Clay Ford 2365
Scholarship Program. The council shall be diverse and 2366
representative of the gender, ethnic, and racial categories set 2367
forth in s. 288.703(4). 2368
(a) The council shall consist of five licensed Florida-2369
certified public accountants selected by the board, of whom one 2370
shall be a board member who serves as chair of the council, one 2371
shall be a representative of the National Association of Black 2372
Accountants, one shall be a representative of the Cuban American 2373
CPA Association, and two shall be selected at large. At least 2374
one member of the council must be a woman. 2375

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(b) The board shall determine the terms for initial 2376
appointments and appointments thereafter. 2377
(c) Any vacancy on the council shall be filled in the 2378
manner provided for the selection of the initial member. Any 2379
member appointed to fill a vacancy of an unexpired term shall be 2380
appointed for the remainder of that term. 2381
(d) Three consecutive absences or absences constituting 50 2382
percent or more of the council's meetings within any 12-month 2383
period shall cause the council membership of the member in 2384
question to become void, and the position shall be considered 2385
vacant. 2386
(e) The members of the council shall serve without 2387
compensation, and any necessary and actual expenses incurred by 2388
a member while engaged in the business of the council shall be 2389
borne by such member or by the organization or agency such 2390
member represents. However, the council member who is a member 2391
of the board shall be compensated in accordance with ss. 2392
455.207(4) and 112.061. 2393
Section 63. Subsection (4) of section 489.111, Florida 2394
Statutes, is amended to read: 2395
489.111 Licensure by examination.— 2396
(4) The department shall ensure that a sensitivity review 2397
committee has been established including representatives of 2398
various ethnic/minority groups. No question found by this 2399
committee to be discriminatory against any ethnic/minority group 2400

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shall be included in the examination. 2401
Section 64. Subsection (42) of section 570.07, Florida 2402
Statutes, is amended to read: 2403
570.07 Department of Agriculture and Consumer Services; 2404
functions, powers, and duties.—The department shall have and 2405
exercise the following functions, powers, and duties: 2406
(42) Notwithstanding the provisions of s. 287.057(22) s. 2407
287.057(24) that require all agencies to use the online 2408
procurement system developed by the Department of Management 2409
Services, the department may continue to use its own online 2410
system. However, vendors utilizing such system shall be 2411
prequalified as meeting mandatory requirements and 2412
qualifications and shall remit fees pursuant to s. 287.057(22) 2413
s. 287.057(24), and any rules implementing s. 287.057. 2414
Section 65. Subsection (2) of section 616.255, Florida 2415
Statutes, is amended to read: 2416
616.255 Duties of authority; Florida State Fairgrounds.—2417
The authority shall: 2418
(2) Throughout each year, promote the progress of the 2419
state and stimulate public interest in the advantages and 2420
development of the state by providing facilities for 2421
agricultural and industrial exhibitions, public gatherings, 2422
cultural activities, and other functions intended to advance the 2423
educational, physical, economic, and cultural interests of the 2424
public. It is the intent of the Legislature that the authority, 2425

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when contracting for concessions at functions held pursuant to 2426
this subsection, give consideration to increasing the number of 2427
concessionaires that are small minority businesses. 2428
Section 66. Subsection (2) of section 616.256, Florida 2429
Statutes, is amended to read: 2430
616.256 Powers of authority.— 2431
(2) It is the intent of the Legislature that the 2432
authority, when contracting for the acquisition of personal 2433
property or services pursuant to this section, give 2434
consideration to increasing the number of contractors that are 2435
small minority businesses. 2436
Section 67. Paragraph (e) of subsection (6) of section 2437
627.351, Florida Statutes, is amended to read: 2438
627.351 Insurance risk apportionment plans.— 2439
(6) CITIZENS PROPERTY INSURANCE CORPORATION.— 2440
(e) The corporation is subject to s. 287.057 for the 2441
purchase of commodities and contractual services except as 2442
otherwise provided in this paragraph. Services provided by 2443
tradepersons or technical experts to assist a licensed adjuster 2444
in the evaluation of individual claims are not subject to the 2445
procurement requirements of this section. Additionally, the 2446
procurement of financial services providers and underwriters 2447
must be made pursuant to s. 627.3513. Contracts for goods or 2448
services valued at or more than $100,000 are subject to approval 2449
by the board. 2450

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1. The corporation is an agency for purposes of s. 2451
287.057, except that, for purposes of s. 287.057(22) s. 2452
287.057(24), the corporation is an eligible user. 2453
a. The authority of the Department of Management Services 2454
and the Chief Financial Officer under s. 287.057 extends to the 2455
corporation as if the corporation were an agency. 2456
b. The executive director of the corporation is the agency 2457
head under s. 287.057. The executive director of the corporation 2458
may assign or appoint a designee to act on his or her behalf. 2459
2. The corporation must provide notice of a decision or 2460
intended decision concerning a solicitation, contract award, or 2461
exceptional purchase by electronic posting. Such notice must 2462
contain the following statement: "Failure to file a protest 2463
within the time prescribed in this section constitutes a waiver 2464
of proceedings." 2465
a. A person adversely affected by the corporation's 2466
decision or intended decision to award a contract pursuant to s. 2467
287.057(1) or (3)(c) who elects to challenge the decision must 2468
file a written notice of protest with the executive director of 2469
the corporation within 72 hours after the corporation posts a 2470
notice of its decision or intended decision. For a protest of 2471
the terms, conditions, and specifications contained in a 2472
solicitation, including provisions governing the methods for 2473
ranking bids, proposals, replies, awarding contracts, reserving 2474
rights of further negotiation, or modifying or amending any 2475

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contract, the notice of protest must be filed in writing within 2476
72 hours after posting the solicitation. Saturdays, Sundays, and 2477
state holidays are excluded in the computation of the 72-hour 2478
time period. 2479
b. A formal written protest must be filed within 10 days 2480
after the date the notice of protest is filed. The formal 2481
written protest must state with particularity the facts and law 2482
upon which the protest is based. Upon receipt of a formal 2483
written protest that has been timely filed, the corporation must 2484
stop the solicitation or contract award process until the 2485
subject of the protest is resolved by final board action unless 2486
the executive director sets forth in writing particular facts 2487
and circumstances that require the continuance of the 2488
solicitation or contract award process without delay in order to 2489
avoid an immediate and serious danger to the public health, 2490
safety, or welfare. 2491
(I) The corporation must provide an opportunity to resolve 2492
the protest by mutual agreement between the parties within 7 2493
business days after receipt of the formal written protest. 2494
(II) If the subject of a protest is not resolved by mutual 2495
agreement within 7 business days, the corporation's board must 2496
transmit the protest to the Division of Administrative Hearings 2497
and contract with the division to conduct a hearing to determine 2498
the merits of the protest and to issue a recommended order. The 2499
contract must provide for the corporation to reimburse the 2500

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division for any costs incurred by the division for court 2501
reporters, transcript preparation, travel, facility rental, and 2502
other customary hearing costs in the manner set forth in s. 2503
120.65(9). The division has jurisdiction to determine the facts 2504
and law concerning the protest and to issue a recommended order. 2505
The division's rules and procedures apply to these proceedings. 2506
The protest must be heard by the division at a publicly noticed 2507
meeting in accordance with procedures established by the 2508
division. 2509
c. In a protest of an invitation-to-bid or request-for-2510
proposals procurement, submissions made after the bid or 2511
proposal opening which amend or supplement the bid or proposal 2512
may not be considered. In protesting an invitation-to-negotiate 2513
procurement, submissions made after the corporation announces 2514
its intent to award a contract, reject all replies, or withdraw 2515
the solicitation that amends or supplements the reply may not be 2516
considered. Unless otherwise provided by law, the burden of 2517
proof rests with the party protesting the corporation's action. 2518
In a competitive-procurement protest, other than a rejection of 2519
all bids, proposals, or replies, the administrative law judge 2520
must conduct a de novo proceeding to determine whether the 2521
corporation's proposed action is contrary to the corporation's 2522
governing statutes, the corporation's rules or policies, or the 2523
solicitation specifications. The standard of proof for the 2524
proceeding is whether the corporation's action was clearly 2525

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erroneous, contrary to competition, arbitrary, or capricious. In 2526
any bid-protest proceeding contesting an intended corporation 2527
action to reject all bids, proposals, or replies, the standard 2528
of review by the board is whether the corporation's intended 2529
action is illegal, arbitrary, dishonest, or fraudulent. 2530
d. Failure to file a notice of protest or failure to file 2531
a formal written protest constitutes a waiver of proceedings. 2532
3. The agency head or his or her designee shall consider 2533
the recommended order of an administrative law judge and take 2534
final action on the protest. Any further legal remedy lies with 2535
the First District Court of Appeal. 2536
Section 68. Subsection (7) of section 627.3511, Florida 2537
Statutes, is amended to read: 2538
627.3511 Depopulation of Citizens Property Insurance 2539
Corporation.— 2540
(7) A minority business, which is at least 51 percent 2541
owned by minority persons as described in s. 288.703, desiring 2542
to operate or become licensed as a property and casualty insurer 2543
may exempt up to $50 of the escrow requirements of the take-out 2544
bonus, as described in this section. Such minority business, 2545
which has applied for a certificate of authority to engage in 2546
business as a property and casualty insurer, may simultaneously 2547
file the business' proposed take-out plan, as described in this 2548
section, with the corporation. 2549
Section 69. Section 641.217, Florida Statutes, is 2550

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repealed. 2551
Section 70. Part IV of chapter 760, Florida Statutes, 2552
consisting of section 760.80, Florida Statutes, is repealed, and 2553
part V of that chapter is redesignated as part IV of that 2554
chapter. 2555
Section 71. Paragraph (k) of subsection (1) of section 2556
1001.216, Florida Statutes, is amended to read: 2557
1001.216 Council on the Social Status of Black Men and 2558
Boys.— 2559
(1) The Council on the Social Status of Black Men and Boys 2560
is established within Florida Memorial University and shall be 2561
composed of 19 members appointed as follows: 2562
(k) A businessperson who is an African American, as 2563
defined in s. 760.80(2)(a), appointed by the Governor. 2564
Section 72. Paragraph (d) of subsection (7) of section 2565
1001.706, Florida Statutes, is amended to read: 2566
1001.706 Powers and duties of the Board of Governors.— 2567
(7) POWERS AND DUTIES RELATING TO PROPERTY.— 2568
(d) The Board of Governors, or the board's designee, shall 2569
ensure compliance with the provisions of s. 287.09451 for all 2570
procurement and ss. 255.101 and 255.102 for construction 2571
contracts, and rules adopted pursuant thereto, relating to the 2572
utilization of minority business enterprises, except that 2573
procurements costing less than the amount provided for in 2574
CATEGORY FIVE as provided in s. 287.017 shall not be subject to 2575

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s. 287.09451. 2576
Section 73. Subsections (1) and (10) of section 1004.42, 2577
Florida Statutes, are amended to read: 2578
1004.42 Florida State University College of Medicine.— 2579
(1) CREATION.—There is hereby established a 4-year 2580
allopathic medical school within the Florida State University, 2581
to be known as the Florida State University College of Medicine, 2582
with a principal focus on recruiting and training medical 2583
professionals to meet the primary health care needs of the 2584
state, especially the needs of the state's elderly, rural, 2585
minority, and other underserved citizens. 2586
(10) INCREASING PARTICIPATION OF UNDERREPRESENTED GROUPS.—2587
To increase the participation of underrepresented groups and 2588
socially and economically disadvantaged youth in science and 2589
medical programs, the College of Medicine shall continue the 2590
outreach efforts of the Program in Medical Sciences (PIMS) to 2591
middle and high school minority students, including the Science 2592
Students Together Reaching Instructional Diversity and 2593
Excellence (SSTRIDE), and shall build an endowment income to 2594
support recruitment programs and scholarship and financial aid 2595
packages for these students. To develop a base of qualified 2596
potential medical school candidates from underrepresented 2597
groups, the College of Medicine shall coordinate with the 2598
undergraduate premedical and science programs currently offered 2599
at the Florida State University, develop relationships with 2600

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potential feeder institutions, including 4-year institutions and 2601
community colleges, and pursue grant funds to support programs, 2602
as well as support scholarship and financial aid packages. The 2603
College of Medicine shall develop plans for a postbaccalaureate, 2604
1-year academic program that provides a second chance to a 2605
limited number of students per year who have been declined 2606
medical school admission, who are state residents, and who meet 2607
established criteria as socially and economically disadvantaged. 2608
The College of Medicine shall make every effort, through 2609
recruitment and retention, to employ a faculty and support staff 2610
that reflect the heterogeneous nature of the state's general 2611
population. 2612
Section 74. Paragraph (a) of subsection (4) of section 2613
1004.435, Florida Statutes, is amended to read: 2614
1004.435 Cancer control and research.— 2615
(4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; 2616
CREATION; COMPOSITION.— 2617
(a) There is created within the H. Lee Moffitt Cancer 2618
Center and Research Institute, Inc., the Florida Cancer Control 2619
and Research Advisory Council. The council shall consist of 16 2620
members, which includes the chairperson, all of whom must be 2621
residents of this state. The State Surgeon General or his or her 2622
designee within the Department of Health shall be one of the 16 2623
members. Members, except those appointed by the Governor, the 2624
Speaker of the House of Representatives, or the President of the 2625

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Senate, must be appointed by the chief executive officer of the 2626
institution or organization represented, or his or her designee. 2627
One member must be a representative of the American Cancer 2628
Society; one member must be a representative of the Sylvester 2629
Comprehensive Cancer Center of the University of Miami; one 2630
member must be a representative of the University of Florida 2631
Shands Cancer Center; one member must be a representative of the 2632
Florida Nurses Association who specializes in the field of 2633
oncology and is not from an institution or organization already 2634
represented on the council; one member must be a representative 2635
of the Florida Osteopathic Medical Association who specializes 2636
in the field of oncology; one member must be a member of the 2637
Florida Medical Association who specializes in the field of 2638
oncology and who represents a cancer center not already 2639
represented on the council; one member must be a representative 2640
of the H. Lee Moffitt Cancer Center and Research Institute, 2641
Inc.; one member must be a representative of the Mayo Clinic in 2642
Jacksonville; one member must be a member of the Florida 2643
Hospital Association who specializes in the field of oncology 2644
and who represents a comprehensive cancer center not already 2645
represented on the council; one member must be a representative 2646
of the Association of Community Cancer Centers; one member must 2647
specialize in pediatric oncology research or clinical care 2648
appointed by the Governor; one member must specialize in 2649
oncology clinical care or research appointed by the President of 2650

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the Senate; one member must be a current or former cancer 2651
patient or a current or former caregiver to a cancer patient 2652
appointed by the Speaker of the House of Representatives; one 2653
member must be a member of the House of Representatives 2654
appointed by the Speaker of the House of Representatives; and 2655
one member must be a member of the Senate appointed by the 2656
President of the Senate. At least four of the members must be 2657
individuals who are minority persons as defined by s. 288.703. 2658
Section 75. Paragraph (c) of subsection (1) of section 2659
1013.46, Florida Statutes, is amended to read: 2660
1013.46 Advertising and awarding contracts; 2661
prequalification of contractor.— 2662
(1) 2663
(c) As an option, any county, municipality, or board may 2664
set aside up to 10 percent of the total amount of funds 2665
allocated for the purpose of entering into construction capital 2666
project contracts with minority business enterprises, as defined 2667
in s. 287.094. Such contracts shall be competitively bid only 2668
among minority business enterprises. The set-aside shall be used 2669
to redress present effects of past discriminatory practices and 2670
shall be subject to periodic reassessment to account for 2671
changing needs and circumstances. 2672
Section 76. This act shall take effect July 1, 2026. 2673