S 1662

Florida Senate - 2026  SB 1662
By Senator McClain
9-00732C-26  20261662__
1A bill to be entitled
2An act relating to prohibited preferences; amending s.
316.71, F.S.; deleting a provision requiring the
4Governor to consider appointees to the Florida Gaming
5Control Commission who reflect Florida’s racial,
6ethnic, and gender diversity; amending s. 17.11, F.S.;
7revising the information required to be reported
8periodically by the Chief Financial Officer;
9conforming provisions to changes made by the act;
10repealing s. 24.113, F.S., relating to minority
11participation; amending s. 110.112, F.S.; revising
12state policy; prohibiting executive agencies from
13using racial or gender set-asides, preferences, or
14quotas when making certain decisions; deleting
15provisions requiring state entities to develop and
16implement affirmative action plans; amending s.
17110.211, F.S.; revising a phrase that is required to
18be included in all recruitment literature for state
19position vacancies; amending s. 110.605, F.S.;
20deleting a provision requiring the Department of
21Management Services to develop a certain program of
22affirmative and positive actions; repealing s.
23255.101, F.S., relating to utilization of minority
24business enterprises in contracts for public
25construction works; repealing s. 255.102, F.S.,
26relating to contractor utilization of minority
27business enterprises; amending s. 255.20, F.S.;
28revising factors local governments are authorized to
29consider in making decisions regarding local bids and
30contracts for public construction works; amending s.
31287.012, F.S.; deleting the definition of the term
32“minority business enterprise”; conforming provisions
33to changes made by the act; amending s. 287.042, F.S.;
34revising the powers, duties, and functions of the
35Department of Management Services to delete provisions
36regarding the Office of Supplier Diversity; amending
37s. 287.055, F.S.; revising the criteria each agency
38uses to evaluate professional services; revising the
39criteria used to determine whether a firm is qualified
40to provide such services; amending s. 287.057, F.S.;
41deleting a provision authorizing the Office of
42Supplier Diversity to request certain information from
43agencies; deleting provisions authorizing agencies to
44reserve contracts for competitive solicitation among
45certified minority business enterprises; deleting a
46provision requiring agencies to enter into a contract
47with a certified minority business enterprise under a
48specified condition; amending s. 287.059, F.S.;
49deleting a provision encouraging agencies to use a
50firm’s minority status when selecting outside firms
51for attorney services; repealing s. 287.093, F.S.,
52relating to minority business enterprises and
53procurement of personal property and services from
54funds set aside for such purpose; repealing s.
55287.0931, F.S., relating to minority business
56enterprise participation in bond underwriting;
57repealing s. 287.0943, F.S., relating to certification
58of minority business enterprises; repealing s.
59287.09431, F.S., relating to statewide and interlocal
60agreement on certification of business concerns for
61the status of minority business enterprise; amending
62s. 287.09451, F.S.; deleting legislative findings;
63renaming the Office of Supplier Diversity as the
64Office of Supplier Development; revising the purpose
65of the office; revising the powers, duties, and
66functions of the office; deleting provisions providing
67a process for the Office of Supplier Diversity to
68assist minority business enterprises in the state
69procurement process; deleting provisions requiring
70each state agency to coordinate its minority business
71enterprise procurement with the office; repealing s.
72287.0947, F.S., relating to the Florida Advisory
73Council on Small and Minority Business Development;
74amending s. 288.001, F.S.; deleting a provision
75requiring consideration of minority and gender
76representation when making appointments to the
77statewide advisory board for the Florida Small
78Business Development Center Network; repealing s.
79288.1167, F.S., relating to sports franchise contract
80provisions for food and beverage concession and
81contract awards to minority business enterprises;
82amending s. 288.1229, F.S.; deleting a requirement
83that the board membership of the Florida Sports
84Foundation represent ethnic and gender diversity;
85amending s. 288.124, F.S.; deleting provisions
86requiring that preferences be given to specified
87entities seeking to attract minority conventions to
88Florida; amending s. 288.7015, F.S.; revising the
89duties of the rules ombudsman regarding reviewing
90state agency rules that adversely or
91disproportionately impact businesses; amending s.
92288.703, F.S.; deleting the definitions of the terms
93“certified minority business enterprise” and “minority
94business enterprise”; revising the definition of the
95term “ombudsman”; amending s. 288.7031, F.S.;
96conforming provisions to changes made by the act;
97amending s. 288.776, F.S.; deleting a requirement that
98minority and gender representation be considered for
99appointments to the board of directors of the Florida
100Export Finance Corporation; amending s. 290.0057,
101F.S.; revising requirements for strategic plans that
102accompany an application for designating a new
103enterprise zone; amending s. 290.046, F.S.; revising
104factors that may be taken into consideration when
105scoring certain applications for grants; amending s.
106320.63, F.S.; deleting a requirement that applicants
107or licensees for certain licenses report annually to
108the Department of Business and Professional Regulation
109on efforts to add minority dealer points; amending s.
110376.84, F.S.; deleting a provision authorizing
111financial and local incentives for brownfield
112redevelopment to include certain minority business
113enterprise programs; amending s. 383.216, F.S.;
114deleting a requirement that each prenatal and infant
115health care coalition represent the racial, ethnic,
116and gender composition of the community; repealing s.
117395.807, F.S., relating to retention of family
118practice residents; amending s. 409.901, F.S.;
119deleting the definition of the term “minority
120physician network”; amending s. 409.920, F.S.;
121revising the definition of the term “managed care
122plans”; amending s. 430.502, F.S.; revising criteria
123on which incentive funding of memory disorder clinics
124is based; amending s. 440.45, F.S.; revising the
125composition of the statewide nominating commission for
126judges of compensation claims to no longer require
127members from minority groups; amending s. 445.007,
128F.S.; deleting provisions requiring consideration of
129the importance of minority and gender representation
130for local workforce development boards and committees
131established by such boards; amending s. 446.041, F.S.;
132revising the duties of the Department of Commerce to
133no longer ensure consideration of minority and gender
134diversity in a certain program; amending s. 489.111,
135F.S.; deleting provisions relating to the Department
136of Business and Professional Regulation establishing
137certain sensitivity review committees; amending s.
138627.3511, F.S.; deleting provisions authorizing
139certain property or casualty insurers to exempt a
140specified amount from escrow requirements and to
141simultaneously file the proposed take-out plan with
142the Citizens Property Insurance Corporation; repealing
143s. 641.217, F.S., relating to required minority
144recruitment and retention plans; revising the title of
145chapter 760, F.S.; repealing s. 760.80, F.S., relating
146to minority representation on boards, commissions,
147councils, and committees; redesignating part V of
148chapter 760, F.S., Environmental Equity and Justice,
149as part IV of that chapter; amending s. 1001.706,
150F.S.; deleting provisions requiring the Board of
151Governors of the State University System to ensure
152compliance with specified procurement provisions and
153rules; amending s. 1004.42, F.S.; deleting a
154requirement of the Florida State University College of
155Medicine to continue specified outreach efforts to
156middle and high school minority students; amending s.
1571004.435, F.S.; revising membership criteria for the
158Florida Cancer Control and Research Advisory Council;
159repealing s. 1007.34, F.S., relating to the college
160reach-out program; repealing s. 1007.35, F.S.,
161relating to the Florida Partnership for Minority and
162Underrepresented Student Achievement Act; repealing s.
1631011.86, F.S., relating to educational leadership
164enhancement grants; amending s. 1013.46, F.S.;
165deleting provisions authorizing counties,
166municipalities, and boards to set aside a specified
167percentage of funds allocated for the purpose of
168entering into construction capital project contracts
169with minority business enterprises; amending ss.
17043.16, 212.096, 215.971, 282.201, 282.709, 286.101,
171287.0571, 288.0001, 288.706, 290.004, 295.187, 337.11,
172339.63, 376.3072, 381.986, 394.47865, 402.7305,
173408.045, 409.910, 570.07, 627.351, 1001.216, 1007.27,
1741008.23, and 1008.24, F.S.; conforming cross
175references and provisions to changes made by the act;
176reenacting s. 311.07(4), F.S., relating to Florida
177seaport transportation and economic development
178funding, to incorporate the amendment made to s.
179110.112, F.S., in a reference thereto; providing an
180effective date.
181
182Be It Enacted by the Legislature of the State of Florida:
183
184Section 1. Paragraph (a) of subsection (2) of section
18516.71, Florida Statutes, is amended to read:
18616.71 Florida Gaming Control Commission; creation;
187meetings; membership.—
188(2) MEMBERSHIP.—
189(a) The commission shall consist of five members appointed
190by the Governor, and subject to confirmation by the Senate, for
191terms of 4 years. Members of the commission must be appointed by
192January 1, 2022. [The Governor shall consider appointees who]
193[reflect Florida’s racial, ethnic, and gender diversity.] Of the
194initial five members appointed by the Governor, and immediately
195upon appointment, the Governor shall appoint one of the members
196as the initial chair and one of the members as the initial vice
197chair. At the end of the initial chair’s and vice chair’s terms
198pursuant to subparagraph 1., the commission shall elect one of
199the members of the commission as chair and one of the members of
200the commission as vice chair.
2011. For the purpose of providing staggered terms, of the
202initial appointments, two members shall be appointed to 4-year
203terms, two members shall be appointed to 3-year terms, and one
204member shall be appointed to a 2-year term.
2052. Of the five members, at least one member must have at
206least 10 years of experience in law enforcement and criminal
207investigations, at least one member must be a certified public
208accountant licensed in this state with at least 10 years of
209experience in accounting and auditing, and at least one member
210must be an attorney admitted and authorized to practice law in
211this state for at least the preceding 10 years.
212Section 2. Subsection (2) of section 17.11, Florida
213Statutes, is amended to read:
21417.11 To report disbursements made.—
215(2) The Chief Financial Officer shall also cause to have
216reported from the Florida Accounting Information Resource
217Subsystem no less than quarterly the disbursements which
218agencies made to small businesses[,] as defined in s. 288.703 [the]
219[Florida Small and Minority Business Assistance Act; to certified]
220[minority business enterprises in the aggregate; and to certified]
221[minority business enterprises broken down into categories of]
222[minority persons, as well as gender and nationality subgroups].
223This information must [shall] be made available to the agencies,
224the Office of Supplier Development [Diversity], the Governor, the
225President of the Senate, and the Speaker of the House of
226Representatives. Each agency is [shall be] responsible for the
227accuracy of information entered into the Florida Accounting
228Information Resource Subsystem for use in this reporting.
229Section 3. Section 24.113, Florida Statutes, is repealed.
230Section 4. Section 110.112, Florida Statutes, is amended to
231read:
232110.112 [Affirmative action;] Equal employment opportunity.—
233(1) It is the policy of the [this] state to provide equal
234opportunities in employment. Discrimination in employment
235because of race, gender, creed, color, or national origin is
236prohibited. Executive agencies may not use racial or gender set
237asides, preferences, or quotas when making decisions regarding
238the hiring, retention, or promotion of a state employee [assist]
239[in providing the assurance of equal employment opportunity]
240[through programs of affirmative and positive action that will]
241[allow full utilization of women, minorities, and individuals who]
242[have a disability].
243(2)(a) [The head of each executive agency shall develop and]
244[implement an affirmative action plan in accordance with rules]
245[adopted by the department and approved by a majority vote of the]
246[Administration Commission before their adoption.]
247[(b) Each executive agency shall establish annual goals for]
248[ensuring full utilization of groups underrepresented in the]
249[agency’s workforce, including women, minorities, and individuals]
250[who have a disability, as compared to the relevant labor market,]
251[as defined by the agency. Each executive agency shall design its]
252[affirmative action plan to meet its established goals.]
253[(c) Each executive agency shall annually report to the]
254[department regarding the agency’s progress toward increasing]
255[employment among women, minorities, and individuals who have a]
256[disability.]
257[(d) An affirmative action-equal employment opportunity]
258[officer shall be appointed by the head of each executive agency.]
259[The affirmative action-equal employment opportunity officer’s]
260[responsibilities must include determining annual goals,]
261[monitoring agency compliance, and providing consultation to]
262[managers regarding progress, deficiencies, and appropriate]
263[corrective action.]
264[(e) The department shall report information in its annual]
265[workforce report relating to the implementation, continuance,]
266[updating, and results of each executive agency’s affirmative]
267[action plan for the previous fiscal year. The annual workforce]
268[report must also include data for each executive agency relating]
269[to employment levels among women, minorities, and individuals]
270[who have a disability.]
271[(f) The department shall provide to all supervisory]
272[personnel of the executive agencies training in the principles]
273[of equal employment opportunity and affirmative action, the]
274[development and implementation of affirmative action plans, and]
275[the establishment of annual affirmative action goals. The]
276[department may contract for training services, and each]
277[participating agency shall reimburse the department for costs]
278[incurred through such contract. After the department approves]
279[the contents of the training program for the agencies, the]
280[department may delegate this training to the executive agencies.]
281[(3)(a)] The department, in consultation with the Agency for
282Persons with Disabilities, the Division of Vocational
283Rehabilitation and the Division of Blind Services of the
284Department of Education, the Department of Commerce, and the
285Executive Office of the Governor, shall develop and implement
286programs that incorporate internships, mentoring, on-the-job
287training, unpaid work experience, situational assessments, and
288other innovative strategies that are specifically geared toward
289individuals who have a disability.
290(b) By January 1, 2017, the department shall develop
291mandatory training programs for human resources personnel and
292hiring managers of executive agencies which support the
293employment of individuals who have a disability.
294(c)1. By January 1, 2017, each executive agency shall
295develop an agency-specific plan that addresses how to promote
296employment opportunities for individuals who have a disability.
2972. The department shall assist executive agencies in the
298implementation of agency-specific plans. The department shall
299regularly report to the Governor, the President of the Senate,
300and the Speaker of the House of Representatives the progress of
301executive agencies in implementing these plans. Such reports
302must [shall] be made at least biannually.
303(d) The department shall compile data regarding the hiring
304practices of executive agencies with regard to individuals who
305have a disability and make such data available on its website.
306(e) The department shall assist executive agencies in
307identifying and implementing strategies for retaining employees
308who have a disability which include, but are not limited to,
309training programs, funding reasonable accommodations, increasing
310access to appropriate technologies, and ensuring accessibility
311of physical and virtual workplaces.
312(f) The department shall adopt rules relating to forms that
313provide for the voluntary self-identification of individuals who
314have a disability and are employed by an executive agency.
315(g) This subsection does not create any substantive or
316procedural right or benefit enforceable at law or in equity
317against the state or a state agency, or an officer, employee, or
318agent thereof.
319[(4) Each state attorney and public defender shall:]
320[(a) Develop and implement an affirmative action plan.]
321[(b) Establish annual goals for ensuring full utilization of]
322[groups underrepresented in its workforce as compared to the]
323[relevant labor market in this state. The state attorneys’ and]
324[public defenders’ affirmative action plans must be designed to]
325[meet the established goals.]
326[(c) Appoint an affirmative action-equal employment]
327[opportunity officer.]
328(3)[(5)] The state, its agencies and officers shall ensure
329freedom from discrimination in employment as provided by the
330Florida Civil Rights Act of 1992, by s. 112.044, and by this
331chapter.
332(4)[(6)] Any individual claiming to be aggrieved by an
333unlawful employment practice may file a complaint with the
334Florida Commission on Human Relations as provided by s. 760.11.
335(5)[(7)] The department shall review and monitor executive
336agency actions in carrying out the rules adopted by the
337department pursuant to this section.
338Section 5. Subsection (4) of section 110.211, Florida
339Statutes, is amended to read:
340110.211 Recruitment.—
341(4) All recruitment literature involving state position
342vacancies must [shall] contain the phrase “An Equal Opportunity
343[Employer/Affirmative Action] Employer.”
344Section 6. Paragraph (d) of subsection (1) of section
345110.605, Florida Statutes, is amended to read:
346110.605 Powers and duties; personnel rules, records,
347reports, and performance appraisal.—
348(1) The department shall adopt and administer uniform
349personnel rules, records, and reports relating to employees and
350positions in the Selected Exempt Service, as well as any other
351rules and procedures relating to personnel administration which
352are necessary to carry out the purposes of this part.
353[(d) The department shall develop a program of affirmative]
354[and positive actions that will ensure full utilization of women]
355[and minorities in Selected Exempt Service positions.]
356Section 7. Section 255.101, Florida Statutes, is repealed.
357Section 8. Section 255.102, Florida Statutes, is repealed.
358Section 9. Paragraph (c) of subsection (1) of section
359255.20, Florida Statutes, is amended to read:
360255.20 Local bids and contracts for public construction
361works; specification of state-produced lumber.—
362(1) A county, municipality, special district as defined in
363chapter 189, or other political subdivision of the state seeking
364to construct or improve a public building, structure, or other
365public construction works must competitively award to an
366appropriately licensed contractor each project that is estimated
367to cost more than $300,000. For electrical work, the local
368government must competitively award to an appropriately licensed
369contractor each project that is estimated to cost more than
370$75,000. As used in this section, the term “competitively award”
371means to award contracts based on the submission of sealed bids,
372proposals submitted in response to a request for proposal,
373proposals submitted in response to a request for qualifications,
374or proposals submitted for competitive negotiation. This
375subsection expressly allows contracts for construction
376management services, design/build contracts, continuation
377contracts based on unit prices, and any other contract
378arrangement with a private sector contractor permitted by any
379applicable municipal or county ordinance, by district
380resolution, or by state law. For purposes of this section, cost
381includes employee compensation and benefits, except inmate
382labor, the cost of equipment and maintenance, insurance costs,
383and the cost of direct materials to be used in the construction
384of the project, including materials purchased by the local
385government, and other direct costs, plus a factor of 20 percent
386for management, overhead, and other indirect costs. Subject to
387the provisions of subsection (3), the county, municipality,
388special district, or other political subdivision may establish,
389by municipal or county ordinance or special district resolution,
390procedures for conducting the bidding process.
391(c) [The provisions of] This subsection does [do] not apply:
3921. If the project is undertaken to replace, reconstruct, or
393repair an existing public building, structure, or other public
394construction works damaged or destroyed by a sudden unexpected
395turn of events such as an act of God, riot, fire, flood,
396accident, or other urgent circumstances, and such damage or
397destruction creates:
398a. An immediate danger to the public health or safety;
399b. Other loss to public or private property which requires
400emergency government action; or
401c. An interruption of an essential governmental service.
4022. If, after notice by publication in accordance with the
403applicable ordinance or resolution, the governmental entity does
404not receive any responsive bids or proposals.
4053. To construction, remodeling, repair, or improvement to a
406public electric or gas utility system if such work on the public
407utility system is performed by personnel of the system.
4084. To construction, remodeling, repair, or improvement by a
409utility commission whose major contracts are to construct and
410operate a public electric utility system.
4115. If the project is undertaken as repair or maintenance of
412an existing public facility. For the purposes of this paragraph,
413the term “repair” means a corrective action to restore an
414existing public facility to a safe and functional condition and
415the term “maintenance” means a preventive or corrective action
416to maintain an existing public facility in an operational state
417or to preserve the facility from failure or decline. Repair or
418maintenance includes activities that are necessarily incidental
419to repairing or maintaining the facility. Repair or maintenance
420does not include the construction of any new building,
421structure, or other public construction works or any substantial
422addition, extension, or upgrade to an existing public facility.
423Such additions, extensions, or upgrades are [shall be] considered
424substantial if the estimated cost of the additions, extensions,
425or upgrades included as part of the repair or maintenance
426project exceeds the threshold amount in subsection (1) and
427exceeds 20 percent of the estimated total cost of the repair or
428maintenance project fully accounting for all costs associated
429with performing and completing the work, including employee
430compensation and benefits, equipment cost and maintenance,
431insurance costs, and the cost of direct materials to be used in
432the construction of the project, including materials purchased
433by the local government, and other direct costs, plus a factor
434of 20 percent for management, overhead, and other indirect
435costs. An addition, extension, or upgrade may [shall] not be
436considered substantial if it is undertaken pursuant to the
437conditions specified in subparagraph 1. Repair and maintenance
438projects and any related additions, extensions, or upgrades may
439not be divided into multiple projects for the purpose of evading
440the requirements of this subparagraph.
4416. If the project is undertaken exclusively as part of a
442public educational program.
4437. If the funding source of the project will be diminished
444or lost because the time required to competitively award the
445project after the funds become available exceeds the time within
446which the funding source must be spent.
4478. If the local government competitively awarded a project
448to a private sector contractor and the contractor abandoned the
449project before completion or the local government terminated the
450contract.
4519. If the governing board of the local government complies
452with all of the requirements of this subparagraph, conducts a
453public meeting under s. 286.011 after public notice, and finds
454by majority vote of the governing board that it is in the
455public’s best interest to perform the project using its own
456services, employees, and equipment. The public notice must be
457published at least 21 days before the date of the public meeting
458at which the governing board takes final action. The notice must
459identify the project, the components and scope of the work, and
460the estimated cost of the project fully accounting for all costs
461associated with performing and completing the work, including
462employee compensation and benefits, equipment cost and
463maintenance, insurance costs, and the cost of direct materials
464to be used in the construction of the project, including
465materials purchased by the local government, and other direct
466costs, plus a factor of 20 percent for management, overhead, and
467other indirect costs. The notice must specify that the purpose
468for the public meeting is to consider whether it is in the
469public’s best interest to perform the project using the local
470government’s own services, employees, and equipment. Upon
471publication of the public notice and for 21 days thereafter, the
472local government shall make available for public inspection,
473during normal business hours and at a location specified in the
474public notice, a detailed itemization of each component of the
475estimated cost of the project and documentation explaining the
476methodology used to arrive at the estimated cost. At the public
477meeting, any qualified contractor or vendor who could have been
478awarded the project had the project been competitively bid must
479[shall] be provided with a reasonable opportunity to present
480evidence to the governing board regarding the project and the
481accuracy of the local government’s estimated cost of the
482project. In deciding whether it is in the public’s best interest
483for the local government to perform a project using its own
484services, employees, and equipment, the governing board shall
485[must] consider the estimated cost of the project fully accounting
486for all costs associated with performing and completing the
487work, including employee compensation and benefits, equipment
488cost and maintenance, insurance costs, and the cost of direct
489materials to be used in the construction of the project,
490including materials purchased by the local government, and other
491direct costs, plus a factor of 20 percent for management,
492overhead, and other indirect costs, and the accuracy of the
493estimated cost in light of any other information that may be
494presented at the public meeting and whether the project requires
495an increase in the number of government employees or an increase
496in capital expenditures for public facilities, equipment, or
497other capital assets. The local government may further consider
498the impact on local economic development, the impact on small
499[and minority] business owners, the impact on state and local tax
500revenues, whether the private sector contractors provide health
501insurance and other benefits equivalent to those provided by the
502local government, and any other factor relevant to what is in
503the public’s best interest. A report summarizing completed
504projects constructed by the local government pursuant to this
505subsection must [shall] be publicly reviewed each year by the
506governing body of the local government. The report must [shall]
507detail the estimated costs and the actual costs of the projects
508constructed by the local government pursuant to this subsection.
509The report must [shall] be made available for review by the
510public. The Auditor General shall review the report as part of
511his or her audits of local governments.
51210. If the governing board of the local government
513determines upon consideration of specific substantive criteria
514that it is in the best interest of the local government to award
515the project to an appropriately licensed private sector
516contractor pursuant to administrative procedures established by
517and expressly set forth in a charter, an ordinance, or a
518resolution of the local government adopted before July 1, 1994.
519The criteria and procedures must be set out in the charter,
520ordinance, or resolution and must be applied uniformly by the
521local government to avoid awarding a project in an arbitrary or
522capricious manner. This exception applies only if all of the
523following occur:
524a. The governing board of the local government, after
525public notice, conducts a public meeting under s. 286.011 and
526finds by a two-thirds vote of the governing board that it is in
527the public’s best interest to award the project according to the
528criteria and procedures established by charter, ordinance, or
529resolution. The public notice must be published at least 14 days
530before the date of the public meeting at which the governing
531board takes final action. The notice must identify the project,
532the estimated cost of the project, and specify that the purpose
533for the public meeting is to consider whether it is in the
534public’s best interest to award the project using the criteria
535and procedures permitted by the preexisting charter, ordinance,
536or resolution.
537b. The project is to be awarded by any method other than a
538competitive selection process, and the governing board finds
539evidence that:
540(I) There is one appropriately licensed contractor who is
541uniquely qualified to undertake the project because that
542contractor is currently under contract to perform work [that is]
543affiliated with the project; or
544(II) The time to competitively award the project will
545jeopardize the funding for the project, materially increase the
546cost of the project, or create an undue hardship on the public
547health, safety, or welfare.
548c. The project is to be awarded by any method other than a
549competitive selection process, and the published notice clearly
550specifies the ordinance or resolution by which the private
551sector contractor will be selected and the criteria to be
552considered.
553d. The project is to be awarded by a method other than a
554competitive selection process, and the architect or engineer of
555record has provided a written recommendation that the project be
556awarded to the private sector contractor without competitive
557selection, and the consideration by, and the justification of,
558the government body are documented, in writing, in the project
559file and are presented to the governing board prior to the
560approval required in this paragraph.
56111. To projects subject to chapter 336.
562Section 10. Subsections (18) and (19) of section 287.012,
563Florida Statutes, are amended to read:
564287.012 Definitions.—As used in this part, the term:
565(18) [“][Minority business enterprise” has the same meaning as]
566[provided in s. 288.703.]
567[(19)] “Office” means the Office of Supplier Development
568[Diversity] of the Department of Management Services.
569Section 11. Paragraphs (a) and (c) of subsection (2) and
570paragraphs (b) and (c) of subsection (3) of section 287.042,
571Florida Statutes, are amended to read:
572287.042 Powers, duties, and functions.—The department shall
573have the following powers, duties, and functions:
574(2)(a) To establish purchasing agreements and procure state
575term contracts for commodities and contractual services,
576pursuant to s. 287.057, under which state agencies shall, and
577eligible users may, make purchases pursuant to s. 287.056. The
578department may restrict purchases from some term contracts to
579state agencies only for those term contracts where the inclusion
580of other governmental entities will have an adverse effect on
581competition or to those federal facilities located in this
582state. [In such planning or purchasing the Office of Supplier]
583[Diversity may monitor to ensure that opportunities are afforded]
584[for contracting with minority business enterprises. The]
585[department, for state term contracts, and all agencies, for]
586[multiyear contractual services or term contracts, shall explore]
587[reasonable and economical means to utilize certified minority]
588[business enterprises.] Purchases by any county, municipality,
589private nonprofit community transportation coordinator
590designated pursuant to chapter 427, while conducting business
591related solely to the Commission for the Transportation
592Disadvantaged, or other local public agency under the provisions
593in the state purchasing contracts, and purchases, from the
594corporation operating the correctional work programs, of
595products or services that are subject to paragraph (1)(f), are
596exempt from the competitive solicitation requirements otherwise
597applying to their purchases.
598(c) Any person who files an action protesting a decision or
599intended decision pertaining to contracts administered by the
600department, a water management district, or an agency pursuant
601to s. 120.57(3)(b) must [shall] post with the department, the
602water management district, or the agency at the time of filing
603the formal written protest a bond payable to the department, the
604water management district, or agency in an amount equal to 1
605percent of the estimated contract amount. For protests of
606decisions or intended decisions pertaining to exceptional
607purchases, the bond must [shall] be in an amount equal to 1
608percent of the estimated contract amount for the exceptional
609purchase. The estimated contract amount must [shall] be based upon
610the contract price submitted by the protestor or, if no contract
611price was submitted, the department, water management district,
612or agency must [shall] estimate the contract amount based on
613factors including, but not limited to, the price of previous or
614existing contracts for similar commodities or contractual
615services, the amount appropriated by the Legislature for the
616contract, or the fair market value of similar commodities or
617contractual services. The agency shall provide the estimated
618contract amount to the vendor within 72 hours, excluding
619Saturdays, Sundays, and state holidays, after the filing of the
620notice of protest by the vendor. The estimated contract amount
621is not subject to protest pursuant to s. 120.57(3). The bond is
622[shall be] conditioned upon the payment of all costs and charges
623that are adjudged against the protestor in the administrative
624hearing in which the action is brought and in any subsequent
625appellate court proceeding. In lieu of a bond, the department,
626the water management district, or agency may, in either case,
627accept a cashier’s check, official bank check, or money order in
628the amount of the bond. If, after completion of the
629administrative hearing process and any appellate court
630proceedings, the department, water management district, or
631agency prevails, it shall recover all costs and charges which
632must [shall] be included in the final order or judgment, excluding
633attorney [attorney’s] fees. [This section shall not apply to]
634[protests filed by the Office of Supplier Diversity.] Upon payment
635of such costs and charges by the protestor, the bond, cashier’s
636check, official bank check, or money order must [shall] be
637returned to the protestor. If, after the completion of the
638administrative hearing process and any appellate court
639proceedings, the protestor prevails, the protestor shall recover
640from the department, water management district, or agency all
641costs and charges which must [shall] be included in the final
642order or judgment, excluding attorney [attorney’s] fees.
643(3) To establish a system of coordinated, uniform
644procurement policies, procedures, and practices to be used by
645agencies in acquiring commodities and contractual services,
646which must [shall] include, but not be limited to:
647(b)1. Development of procedures for advertising
648solicitations. These procedures must provide for electronic
649posting of solicitations for at least 10 days before the date
650set for receipt of bids, proposals, or replies, unless the
651department or other agency determines in writing that a shorter
652period of time is necessary to avoid harming the interests of
653the state. [The Office of Supplier Diversity may consult with the]
654[department regarding the development of solicitation]
655[distribution procedures to ensure that maximum distribution is]
656[afforded to certified minority business enterprises as defined]
657[in s. 288.703.]
6582. Development of procedures for electronic posting. The
659department shall designate a centralized website on the Internet
660for the department and other agencies to electronically post
661solicitations, decisions or intended decisions, and other
662matters relating to procurement.
663(c) Development of procedures for the receipt and opening
664of bids, proposals, or replies by an agency. [Such procedures]
665[shall provide the Office of Supplier Diversity an opportunity to]
666[monitor and ensure that the contract award is consistent with]
667[the requirements of s. 287.09451.]
668Section 12. Paragraph (d) of subsection (3) and paragraph
669(b) of subsection (4) of section 287.055, Florida Statutes, are
670amended to read:
671287.055 Acquisition of professional architectural,
672engineering, landscape architectural, or surveying and mapping
673services; definitions; procedures; contingent fees prohibited;
674penalties.—
675(3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.—
676(d) Each agency shall evaluate professional services,
677including capabilities, adequacy of personnel, past record,
678experience, [whether the firm is a certified minority business]
679[enterprise as defined by the Florida Small and Minority Business]
680[Assistance Act,] and other factors determined by the agency as [to]
681[be] applicable to its particular requirements. [When securing]
682[professional services, an agency must endeavor to meet the]
683[minority business enterprise procurement goals under s.]
684[287.09451.]
685(4) COMPETITIVE SELECTION.—
686(b) The agency shall select in order of preference no fewer
687than three firms deemed to be the most highly qualified to
688perform the required services. In determining whether a firm is
689qualified, the agency shall consider such factors as the ability
690of professional personnel; [whether a firm is a certified]
691[minority business enterprise;] past performance; willingness to
692meet time and budget requirements; location; recent, current,
693and projected workloads of the firms; and the volume of work
694previously awarded to each firm by the agency, with the object
695of effecting an equitable distribution of contracts among
696qualified firms, provided such distribution does not violate the
697principle of selection of the most highly qualified firms. The
698agency may request, accept, and consider proposals for the
699compensation to be paid under the contract only during
700competitive negotiations under subsection (5).
701Section 13. Subsections (7), (8), (12), (14), and (18) of
702section 287.057, Florida Statutes, are amended to read:
703287.057 Procurement of commodities or contractual
704services.—
705(7) Upon issuance of any solicitation, an agency shall,
706upon request by the department, forward to the department one
707copy of each solicitation for all commodity and contractual
708services purchases in excess of the threshold amount provided in
709s. 287.017 for CATEGORY TWO. An agency shall also, upon request,
710furnish a copy of all competitive-solicitation tabulations. [The]
711[Office of Supplier Diversity may also request from the agencies]
712[any information submitted to the department pursuant to this]
713[subsection.]
714[(8)(a) In order to strive to meet the minority business]
715[enterprise procurement goals set forth in s. 287.09451, an]
716[agency may reserve any contract for competitive solicitation]
717[only among certified minority business enterprises. Agencies]
718[shall review all their contracts each fiscal year and shall]
719[determine which contracts may be reserved for solicitation only]
720[among certified minority business enterprises. This reservation]
721[may only be used when it is determined, by reasonable and]
722[objective means, before the solicitation that there are capable,]
723[qualified certified minority business enterprises available to]
724[submit a bid, proposal, or reply on a contract to provide for]
725[effective competition. The Office of Supplier Diversity shall]
726[consult with any agency in reaching such determination when]
727[deemed appropriate.]
728[(b) Before a contract may be reserved for solicitation only]
729[among certified minority business enterprises, the agency head]
730[must find that such a reservation is in the best interests of]
731[the state. All determinations shall be subject to s.]
732[287.09451(5). Once a decision has been made to reserve a]
733[contract, but before sealed bids, proposals, or replies are]
734[requested, the agency shall estimate what it expects the amount]
735[of the contract to be, based on the nature of the services or]
736[commodities involved and their value under prevailing market]
737[conditions. If all the sealed bids, proposals, or replies]
738[received are over this estimate, the agency may reject the bids,]
739[proposals, or replies and request new ones from certified]
740[minority business enterprises, or the agency may reject the]
741[bids, proposals, or replies and reopen the bidding to all]
742[eligible vendors.]
743[(c) All agencies shall consider the use of price]
744[preferences of up to 10 percent, weighted preference formulas,]
745[or other preferences for vendors as determined appropriate]
746[pursuant to guidelines established in accordance with s.]
747[287.09451(4) to increase the participation of minority business]
748[enterprises.]
749[(d) All agencies shall avoid any undue concentration of]
750[contracts or purchases in categories of commodities or]
751[contractual services in order to meet the minority business]
752[enterprise purchasing goals in s. 287.09451.]
753[(12) If two equal responses to a solicitation or a request]
754[for quote are received and one response is from a certified]
755[minority business enterprise, the agency shall enter into a]
756[contract with the certified minority business enterprise.]
757(12)[(14)] Contracts for commodities or contractual services
758may be renewed for a period that may not exceed 3 years or the
759term of the original contract, whichever is longer. Renewal of a
760contract for commodities or contractual services must be in
761writing and is subject to the same terms and conditions set
762forth in the initial contract and any written amendments signed
763by the parties. If the commodity or contractual service is
764purchased as a result of the solicitation of bids, proposals, or
765replies, the price of the commodity or contractual service to be
766renewed must be specified in the bid, proposal, or reply, except
767that an agency may negotiate lower pricing. A renewal contract
768may not include any compensation for costs associated with the
769renewal. Renewals are contingent upon satisfactory performance
770evaluations by the agency and subject to the availability of
771funds. Exceptional purchase contracts pursuant to paragraphs
772(3)(a) and (c) may not be renewed. With the exception of
773subsection (10) [(11)], if a contract amendment results in a
774longer contract term or increased payments, a state agency may
775not renew or amend a contract for the outsourcing of a service
776or activity that has an original term value exceeding $5 million
777before submitting a written report concerning contract
778performance to the Governor, the President of the Senate, and
779the Speaker of the House of Representatives at least 90 days
780before execution of the renewal or amendment.
781(16)[(18)] Any person who supervises contract administrators
782or contract or grant managers that meet criteria for
783certification in subsection (13) [(15)] shall annually complete
784public procurement training for supervisors within 12 months
785after appointment to the supervisory position. The department is
786responsible for establishing and disseminating the training
787course content required for supervisors.
788Section 14. Paragraph (c) of subsection (10) of section
789287.059, Florida Statutes, is amended to read:
790287.059 Private attorney services.—
791(10) Agencies are encouraged to use the following criteria
792when selecting outside firms for attorney services:
793[(c) The firm’s minority status.]
794Section 15. Section 287.093, Florida Statutes, is repealed.
795Section 16. Section 287.0931, Florida Statutes, is
796repealed.
797Section 17. Section 287.0943, Florida Statutes, is
798repealed.
799Section 18. Section 287.09431, Florida Statutes, is
800repealed.
801Section 19. Section 287.09451, Florida Statutes, is amended
802to read:
803287.09451 Office of Supplier Development [Diversity]; powers,
804duties, and functions.—
805(1) [The Legislature finds that there is evidence of a]
806[systematic pattern of past and continuing racial discrimination]
807[against minority business enterprises and a disparity in the]
808[availability and use of minority business enterprises in the]
809[state procurement system. It is determined to be a compelling]
810[state interest to rectify such discrimination and disparity.]
811[Based upon statistical data profiling this discrimination, the]
812[Legislature has enacted race-conscious and gender-conscious]
813[remedial programs to ensure minority participation in the]
814[economic life of the state, in state contracts for the purchase]
815[of commodities and services, and in construction contracts. The]
816[purpose and intent of this section is to increase participation]
817[by minority business enterprises accomplished by encouraging the]
818[use of minority business enterprises and the entry of new and]
819[diversified minority business enterprises into the marketplace.]
820[(2)] The Office of Supplier Development [Diversity] is
821established within the Department of Management Services to
822assist Florida-based small [minority] business enterprises in
823becoming suppliers [of commodities, services, and construction] to
824state government.
825(2)[(3)] The secretary shall appoint an executive director
826for the Office of Supplier Development [Diversity], who serves
827[shall serve] at the pleasure of the secretary.
828(3)[(4)] The Office of Supplier Development has [Diversity]
829[shall have] the following powers, duties, and functions:
830(a) [To adopt rules to determine what constitutes a “good]
831[faith effort” for purposes of state agency compliance with the]
832[minority business enterprise procurement goals set forth in s.]
833[287.042. Factors which shall be considered by the Minority]
834[Business Enterprise Assistance Office in determining good faith]
835[effort shall include, but not be limited to:]
836[1. Whether the agency scheduled presolicitation or prebid]
837[meetings for the purpose of informing minority business]
838[enterprises of contracting and subcontracting opportunities.]
839[2. Whether the contractor advertised in general]
840[circulation, trade association, or minority-focus media]
841[concerning the subcontracting opportunities.]
842[3. Whether the agency effectively used services and]
843[resources of available minority community organizations;]
844[minority contractors’ groups; local, state, and federal minority]
845[business assistance offices; and other organizations that]
846[provide assistance in the recruitment and placement of minority]
847[business enterprises or minority persons.]
848[4. Whether the agency provided written notice to a]
849[reasonable number of minority business enterprises that their]
850[interest in contracting with the agency was being solicited in]
851[sufficient time to allow the minority business enterprises to]
852[participate effectively.]
853[(b) To adopt rules to determine what constitutes a “good]
854[faith effort” for purposes of contractor compliance with]
855[contractual requirements relating to the use of services or]
856[commodities of a minority business enterprise under s.]
857[287.094(2). Factors which shall be considered by the Office of]
858[Supplier Diversity in determining whether a contractor has made]
859[good faith efforts shall include, but not be limited to:]
860[1. Whether the contractor attended any presolicitation or]
861[prebid meetings that were scheduled by the agency to inform]
862[minority business enterprises of contracting and subcontracting]
863[opportunities.]
864[2. Whether the contractor advertised in general]
865[circulation, trade association, or minority-focus media]
866[concerning the subcontracting opportunities.]
867[3. Whether the contractor provided written notice to a]
868[reasonable number of specific minority business enterprises that]
869[their interest in the contract was being solicited in sufficient]
870[time to allow the minority business enterprises to participate]
871[effectively.]
872[4. Whether the contractor followed up initial solicitations]
873[of interest by contacting minority business enterprises or]
874[minority persons to determine with certainty whether the]
875[minority business enterprises or minority persons were]
876[interested.]
877[5. Whether the contractor selected portions of the work to]
878[be performed by minority business enterprises in order to]
879[increase the likelihood of meeting the minority business]
880[enterprise procurement goals, including, where appropriate,]
881[breaking down contracts into economically feasible units to]
882[facilitate minority business enterprise participation.]
883[6. Whether the contractor provided interested minority]
884[business enterprises or minority persons with adequate]
885[information about the plans, specifications, and requirements of]
886[the contract or the availability of jobs.]
887[7. Whether the contractor negotiated in good faith with]
888[interested minority business enterprises or minority persons,]
889[not rejecting minority business enterprises or minority persons]
890[as unqualified without sound reasons based on a thorough]
891[investigation of their capabilities.]
892[8. Whether the contractor effectively used the services of]
893[available minority community organizations; minority]
894[contractors’ groups; local, state, and federal minority business]
895[assistance offices; and other organizations that provide]
896[assistance in the recruitment and placement of minority business]
897[enterprises or minority persons.]
898[(c) To adopt rules and do all things necessary or]
899[convenient to guide all state agencies toward making]
900[expenditures for commodities, contractual services,]
901[construction, and architectural and engineering services with]
902[certified minority business enterprises in accordance with the]
903[minority business enterprise procurement goals set forth in s.]
904[287.042.]
905[(d) To monitor the degree to which agencies procure]
906[services, commodities, and construction from minority business]
907[enterprises in conjunction with the Department of Financial]
908[Services as specified in s. 17.11.]
909[(e)] To receive and disseminate information:
9101.For the continued growth and success of Florida’s small
911businesses, which may include planning, hosting, and supporting
912informational events targeted to Florida-based enterprises
913[relative to procurement opportunities, availability of minority]
914[business enterprises, and technical assistance].
9152.Related to procurement opportunities for Florida-based
916small business enterprises, providing technical assistance as
917needed.
918(b)To create electronic certification and recertification
919processes for veteran-owned business enterprises. The initial
920certification is valid for 2 years and must be recertified
921biennially thereafter. The benefits of certification must be
922clearly posted on the department’s website. To be eligible for
923certification and recertification as a veteran-owned business
924enterprise, a business must meet the requirements of s. 295.187.
925(c)[(f)] To advise and provide education or other resources
926to agencies on methods and techniques for achieving procurement
927objectives that increase the use of Florida-based enterprises in
928state and local government procurement contracts.
929(d)To adopt rules, establish processes, and prescribe and
930publish forms as necessary to carry out the duties of the office
931provided in this section.
932[(g) To provide a central minority business enterprise]
933[certification process which includes independent verification of]
934[status as a minority business enterprise.]
935[(h) To develop procedures to investigate complaints against]
936[minority business enterprises or contractors alleged to violate]
937[any provision related to this section or s. 287.0943, that may]
938[include visits to worksites or business premises, and to refer]
939[all information on businesses suspected of misrepresenting]
940[minority status to the Department of Management Services for]
941[investigation. When an investigation is completed and there is]
942[reason to believe that a violation has occurred, the matter]
943[shall be referred to the office of the Attorney General,]
944[Department of Legal Affairs, for prosecution.]
945[(i) To maintain a directory of all minority business]
946[enterprises which have been certified and provide this]
947[information to any agency or business requesting it.]
948[(j) To encourage all firms which do more than $1 million in]
949[business with the state within a 12-month period to develop,]
950[implement, and submit to this office a minority business]
951[development plan.]
952[(k) To communicate on a monthly basis with the Small and]
953[Minority Business Advisory Council to keep the council informed]
954[on issues relating to minority enterprise procurement.]
955[(l) To serve as an advocate for minority business]
956[enterprises, and coordinate with the small and minority business]
957[ombudsman, as defined in s. 288.703, which duties shall include:]
958[1. Ensuring that agencies supported by state funding]
959[effectively target the delivery of services and resources, as]
960[related to minority business enterprises.]
961[2. Establishing standards within each industry with which]
962[the state government contracts on how agencies and contractors]
963[may provide the maximum practicable opportunity for minority]
964[business enterprises.]
965[3. Assisting agencies and contractors by providing outreach]
966[to minority businesses, by specifying and monitoring technical]
967[and managerial competence for minority business enterprises, and]
968[by consulting in planning of agency procurement to determine how]
969[best to provide opportunities for minority business enterprises.]
970[4. Integrating technical and managerial assistance for]
971[minority business enterprises with government contracting]
972[opportunities.]
973[(m) To certify minority business enterprises, as defined in]
974[s. 288.703, and as specified in ss. 287.0943 and 287.09431, and]
975[shall recertify such minority businesses at least once every 2]
976[years. Minority business enterprises must be recertified at]
977[least once every 2 years. Such certifications may include an]
978[electronic signature.]
979[(n)1. To develop procedures to be used by an agency in]
980[identifying commodities, contractual services, architectural and]
981[engineering services, and construction contracts, except those]
982[architectural, engineering, construction, or other related]
983[services or contracts subject to the provisions of chapter 339,]
984[that could be provided by minority business enterprises. Each]
985[agency is encouraged to spend 21 percent of the moneys actually]
986[expended for construction contracts, 25 percent of the moneys]
987[actually expended for architectural and engineering contracts,]
988[24 percent of the moneys actually expended for commodities, and]
989[50.5 percent of the moneys actually expended for contractual]
990[services during the previous fiscal year, except for the state]
991[university construction program which shall be based upon public]
992[education capital outlay projections for the subsequent fiscal]
993[year, and reported to the Legislature pursuant to s. 216.023,]
994[for the purpose of entering into contracts with certified]
995[minority business enterprises as defined in s. 288.703, or]
996[approved joint ventures. However, in the event of budget]
997[reductions pursuant to s. 216.221, the base amounts may be]
998[adjusted to reflect such reductions. The overall spending goal]
999[for each industry category shall be subdivided as follows:]
 1000  [a. For construction contracts: 4 percent for black]
 1001  [Americans, 6 percent for Hispanic-Americans, and 11 percent for]
 1002  [American women.]
 1003  [b. For architectural and engineering contracts: 9 percent]
 1004  [for Hispanic-Americans, 1 percent for Asian-Americans, and 15]
 1005  [percent for American women.]
 1006  [c. For commodities: 2 percent for black Americans, 4]
 1007  [percent for Hispanic-Americans, 0.5 percent for Asian-Americans,]
 1008  [0.5 percent for Native Americans, and 17 percent for American]
 1009  [women.]
 1010  [d. For contractual services: 6 percent for black Americans,]
 1011  [7 percent for Hispanic-Americans, 1 percent for Asian-Americans,]
 1012  [0.5 percent for Native Americans, and 36 percent for American]
 1013  [women.]
 1014  [2. For the purposes of commodities contracts for the]
 1015  [purchase of equipment to be used in the construction and]
 1016  [maintenance of state transportation facilities involving the]
 1017  [Department of Transportation, the terms “minority business]
 1018  [enterprise” and “minority person” have the same meanings as]
 1019  [provided in s. 288.703. In order to ensure that the goals]
 1020  [established under this paragraph for contracting with certified]
 1021  [minority business enterprises are met, the department, with the]
 1022  [assistance of the Office of Supplier Diversity, shall make]
 1023  [recommendations to the Legislature on revisions to the goals,]
 1024  [based on an updated statistical analysis, at least once every 5]
 1025  [years. Such recommendations shall be based on statistical data]
 1026  [indicating the availability of and disparity in the use of]
 1027  [minority businesses contracting with the state.]
 1028  [3. In determining the base amounts for assessing compliance]
 1029  [with this paragraph, the Office of Supplier Diversity may]
 1030  [develop, by rule, guidelines for all agencies to use in]
 1031  [establishing such base amounts. These rules must include, but]
 1032  [are not limited to, guidelines for calculation of base amounts,]
 1033  [a deadline for the agencies to submit base amounts, a deadline]
 1034  [for approval of the base amounts by the Office of Supplier]
 1035  [Diversity, and procedures for adjusting the base amounts as a]
 1036  [result of budget reductions made pursuant to s. 216.221.]
 1037  [4. To determine guidelines for the use of price]
 1038  [preferences, weighted preference formulas, or other preferences,]
 1039  [as appropriate to the particular industry or trade, to increase]
 1040  [the participation of minority businesses in state contracting.]
 1041  [These guidelines shall include consideration of:]
 1042  [a. Size and complexity of the project.]
 1043  [b. The concentration of transactions with minority business]
 1044  [enterprises for the commodity or contractual services in]
 1045  [question in prior agency contracting.]
 1046  [c. The specificity and definition of work allocated to]
 1047  [participating minority business enterprises.]
 1048  [d. The capacity of participating minority business]
 1049  [enterprises to complete the tasks identified in the project.]
 1050  [e. The available pool of minority business enterprises as]
 1051  [prime contractors, either alone or as partners in an approved]
 1052  [joint venture that serves as the prime contractor.]
 1053  [5. To determine guidelines for use of joint ventures to]
 1054  [meet minority business enterprises spending goals. For purposes]
 1055  [of this section, “joint venture” means any association of two or]
 1056  [more business concerns to carry out a single business enterprise]
 1057  [for profit, for which purpose they combine their property,]
 1058  [capital, efforts, skills, and knowledge. The guidelines shall]
 1059  [allow transactions with joint ventures to be eligible for credit]
 1060  [against the minority business enterprise goals of an agency when]
 1061  [the contracting joint venture demonstrates that at least one]
 1062  [partner to the joint venture is a certified minority business]
 1063  [enterprise as defined in s. 288.703, and that such partner is]
 1064  [responsible for a clearly defined portion of the work to be]
 1065  [performed, and shares in the ownership, control, management,]
 1066  [responsibilities, risks, and profits of the joint venture. Such]
 1067  [demonstration shall be by verifiable documents and sworn]
 1068  [statements and may be reviewed by the Office of Supplier]
 1069  [Diversity at or before the time a contract bid, proposal, or]
 1070  [reply is submitted. An agency may count toward its minority]
 1071  [business enterprise goals a portion of the total dollar amount]
 1072  [of a contract equal to the percentage of the ownership and]
 1073  [control held by the qualifying certified minority business]
 1074  [partners in the contracting joint venture, so long as the joint]
 1075  [venture meets the guidelines adopted by the office.]
 1076  [(o)1. To establish a system to record and measure the use]
 1077  [of certified minority business enterprises in state contracting.]
 1078  [This system shall maintain information and statistics on]
 1079  [certified minority business enterprise participation, awards,]
 1080  [dollar volume of expenditures and agency goals, and other]
 1081  [appropriate types of information to analyze progress in the]
 1082  [access of certified minority business enterprises to state]
 1083  [contracts and to monitor agency compliance with this section.]
 1084  [Such reporting must include, but is not limited to, the]
 1085  [identification of all subcontracts in state contracting by]
 1086  [dollar amount and by number of subcontracts and the]
 1087  [identification of the utilization of certified minority business]
 1088  [enterprises as prime contractors and subcontractors by dollar]
 1089  [amounts of contracts and subcontracts, number of contracts and]
 1090  [subcontracts, minority status, industry, and any conditions or]
 1091  [circumstances that significantly affected the performance of]
 1092  [subcontractors. Agencies shall report their compliance with the]
 1093  [requirements of this reporting system at least annually and at]
 1094  [the request of the office. All agencies shall cooperate with the]
 1095  [office in establishing this reporting system. Except in]
 1096  [construction contracting, all agencies shall review contracts]
 1097  [costing in excess of CATEGORY FOUR as defined in s. 287.017 to]
 1098  [determine if such contracts could be divided into smaller]
 1099  [contracts to be separately solicited and awarded, and shall,]
 1100  [when economical, offer such smaller contracts to encourage]
 1101  [minority participation.]
 1102  [2. To report agency compliance with the provisions of]
 1103  [subparagraph 1. for the preceding fiscal year to the Governor]
 1104  [and Cabinet, the President of the Senate, and the Speaker of the]
 1105  [House of Representatives on or before February 1 of each year.]
 1106  [The report must contain, at a minimum, the following:]
 1107  [a. Total expenditures of each agency by industry.]
 1108  [b. The dollar amount and percentage of contracts awarded to]
 1109  [certified minority business enterprises by each state agency.]
 1110  [c. The dollar amount and percentage of contracts awarded]
 1111  [indirectly to certified minority business enterprises as]
 1112  [subcontractors by each state agency.]
 1113  [d. The total dollar amount and percentage of contracts]
 1114  [awarded to certified minority business enterprises, whether]
 1115  [directly or indirectly, as subcontractors.]
 1116  [e. A statement and assessment of good faith efforts taken]
 1117  [by each state agency.]
 1118  [f. A status report of agency compliance with subsection]
 1119  [(6), as determined by the Minority Business Enterprise Office.]
 1120  [(5)(a) Each agency shall, at the time the specifications or]
 1121  [designs are developed or contract sizing is determined for any]
 1122  [proposed procurement costing in excess of CATEGORY FOUR, as]
 1123  [defined in s. 287.017, forward a notice to the Office of]
 1124  [Supplier Diversity of the proposed procurement and any]
 1125  [determination on the designs of specifications of the proposed]
 1126  [procurement that impose requirements on prospective vendors, no]
 1127  [later than 30 days prior to the issuance of a solicitation,]
 1128  [except that this provision shall not apply to emergency]
 1129  [acquisitions. The 30-day notice period shall not toll the time]
 1130  [for any other procedural requirements.]
 1131  [(b) If the Office of Supplier Diversity determines that the]
 1132  [proposed procurement will not likely allow opportunities for]
 1133  [minority business enterprises, the office may, within 20 days]
 1134  [after it receives the information specified in paragraph (a),]
 1135  [propose the implementation of minority business enterprise]
 1136  [utilization provisions or submit alternative procurement methods]
 1137  [that would significantly increase minority business enterprise]
 1138  [contracting opportunities.]
 1139  [(c) Whenever the agency and the Office of Supplier]
 1140  [Diversity disagree, the matter shall be submitted for]
 1141  [determination to the head of the agency or the senior-level]
 1142  [official designated pursuant to this section as liaison for]
 1143  [minority business enterprise issues.]
 1144  [(d) If the proposed procurement proceeds to competitive]
 1145  [solicitation, the office is hereby granted standing to protest,]
 1146  [pursuant to this section, in a timely manner, any contract award]
 1147  [during competitive solicitation for contractual services and]
 1148  [construction contracts that fail to include minority business]
 1149  [enterprise participation, if any responsible and responsive]
 1150  [vendor has demonstrated the ability to achieve any level of]
 1151  [participation, or, any contract award for commodities where, a]
 1152  [reasonable and economical opportunity to reserve a contract,]
 1153  [statewide or district level, for minority participation was not]
 1154  [executed or, an agency failed to adopt an applicable preference]
 1155  [for minority participation. The bond requirement shall be waived]
 1156  [for the office purposes of this subsection.]
 1157  [(e) An agency may presume that a vendor offering no]
 1158  [minority participation has not made a good faith effort when]
 1159  [other vendors offer minority participation of firms listed as]
 1160  [relevant to the agency’s purchasing needs in the pertinent]
 1161  [locality or statewide to complete the project.]
 1162  [(f) Paragraph (a) will not apply when the Office of]
 1163  [Supplier Diversity determines that an agency has established a]
 1164  [work plan to allow advance consultation and planning with]
 1165  [minority business enterprises and where such plan clearly]
 1166  [demonstrates:]
 1167  [1. A high level of advance planning by the agency with]
 1168  [minority business enterprises.]
 1169  [2. A high level of accessibility, knowledge, and experience]
 1170  [by minority business enterprises in the agency’s contract]
 1171  [decisionmaking process.]
 1172  [3. A high quality of agency monitoring and enforcement of]
 1173  [internal implementation of minority business utilization]
 1174  [provisions.]
 1175  [4. A high quality of agency monitoring and enforcement of]
 1176  [contractor utilization of minority business enterprises,]
 1177  [especially tracking subcontractor data, and ensuring the]
 1178  [integrity of subcontractor reporting.]
 1179  [5. A high quality of agency outreach, agency networking of]
 1180  [major vendors with minority vendors, and innovation in]
 1181  [techniques to improve utilization of minority business]
 1182  [enterprises.]
 1183  [6. Substantial commitment, sensitivity, and proactive]
 1184  [attitude by the agency head and among the agency minority]
 1185  [business staff.]
 1186  [(6) Each state agency shall coordinate its minority]
 1187  [business enterprise procurement activities with the Office of]
 1188  [Supplier Diversity. At a minimum, each agency shall:]
 1189  [(a) Adopt a minority business enterprise utilization plan]
 1190  [for review and approval by the Office of Supplier Diversity]
 1191  [which should require meaningful and useful methods to attain the]
 1192  [legislative intent in assisting minority business enterprises.]
 1193  [(b) Designate a senior-level employee in the agency as a]
 1194  [minority enterprise assistance officer, responsible for]
 1195  [overseeing the agency’s minority business utilization]
 1196  [activities, and who is not also charged with purchasing]
 1197  [responsibility. A senior-level agency employee and agency]
 1198  [purchasing officials shall be accountable to the agency head for]
 1199  [the agency’s minority business utilization performance. The]
 1200  [Office of Supplier Diversity shall advise each agency on]
 1201  [compliance performance.]
 1202  [(c) If an agency deviates significantly from its]
 1203  [utilization plan in 2 consecutive or 3 out of 5 total fiscal]
 1204  [years, the Office of Supplier Diversity may review any and all]
 1205  [solicitations and contract awards of the agency as deemed]
 1206  [necessary until such time as the agency meets its utilization]
 1207  [plan.]
 1208  Section 20. Section 287.0947, Florida Statutes, is
 1209  repealed.
 1210  Section 21. Paragraph (b) of subsection (4) of section
 1211  288.001, Florida Statutes, is amended to read:
 1212  288.001 The Florida Small Business Development Center
 1213  Network.—
 1214  (4) STATEWIDE ADVISORY BOARD.—
 1215  (b) The statewide advisory board shall consist of 19
 1216  members from across this [the] state. At least 12 members must be
 1217  representatives of the private sector who are knowledgeable of
 1218  the needs and challenges of small businesses. The members must
 1219  represent various segments and industries of the economy in this
 1220  state and must bring knowledge and skills to the statewide
 1221  advisory board which would enhance the board’s collective
 1222  knowledge of small business assistance needs and challenges.
 1223  [Minority and gender representation must be considered when]
 1224  [making appointments to the board.] The board must include the
 1225  following members:
 1226  1. Three members appointed from the private sector by the
 1227  President of the Senate.
 1228  2. Three members appointed from the private sector by the
 1229  Speaker of the House of Representatives.
 1230  3. Three members appointed from the private sector by the
 1231  Governor.
 1232  4. Three members appointed from the private sector by the
 1233  network’s statewide director.
 1234  5. One member appointed by the host institution.
 1235  6. The Secretary of Commerce or his or her designee.
 1236  7. The Chief Financial Officer or his or her designee.
 1237  8. The President of the Florida Chamber of Commerce or his
 1238  or her designee.
 1239  9. The Small Business Development Center Project Officer
 1240  from the U.S. Small Business Administration at the South Florida
 1241  District Office or his or her designee.
 1242  10. The executive director of the National Federation of
 1243  Independent Businesses, Florida, or his or her designee.
 1244  11. The executive director of the Florida United Business
 1245  Association or his or her designee.
 1246  Section 22. Section 288.1167, Florida Statutes, is
 1247  repealed.
 1248  Section 23. Paragraph (b) of subsection (2) of section
 1249  288.1229, Florida Statutes, is amended to read:
 1250  288.1229 Promotion and development of sports-related
 1251  industries and amateur athletics; direct-support organization
 1252  established; powers and duties.—
 1253  (2) The Florida Sports Foundation must:
 1254  (b) Be governed by a board of directors, which must consist
 1255  of up to 15 members appointed by the Governor. In making
 1256  appointments, the Governor must consider a potential member’s
 1257  background in community service and sports activism in, and
 1258  financial support of, the sports industry, professional sports,
 1259  or organized amateur athletics. Members must be residents of the
 1260  state and highly knowledgeable about or active in professional
 1261  or organized amateur sports.
 1262  1. The board must contain representatives of all
 1263  geographical regions of the state [and must represent ethnic and]
 1264  [gender diversity].
 1265  2. The terms of office of the members are [shall be] 4 years.
 1266  A [No] member may not serve more than two consecutive terms. The
 1267  Governor may remove any member for cause and shall fill all
 1268  vacancies that occur.
 1269  Section 24. Section 288.124, Florida Statutes, is amended
 1270  to read:
 1271  288.124 Convention grants program.—The Florida Tourism
 1272  Industry Marketing Corporation is authorized to establish a
 1273  convention grants program and, pursuant to that program, to
 1274  recommend to the department expenditures and contracts with
 1275  local governments and nonprofit corporations or organizations
 1276  for the purpose of attracting national conferences and
 1277  conventions to Florida. [Preference shall be given to local]
 1278  [governments and nonprofit corporations or organizations seeking]
 1279  [to attract minority conventions to Florida. Minority conventions]
 1280  [are events that primarily involve minority persons, as defined]
 1281  [in s. 288.703, who are residents or nonresidents of the state.]
 1282  The Florida Tourism Industry Marketing Corporation shall
 1283  establish guidelines governing the award of grants and the
 1284  administration of this program. The department has final
 1285  approval authority for any grants under this section. The total
 1286  annual allocation of funds for this program may [shall] not exceed
 1287  $40,000.
 1288  Section 25. Subsection (2) of section 288.7015, Florida
 1289  Statutes, is amended to read:
 1290  288.7015 Appointment of rules ombudsman; duties.—The
 1291  Governor shall appoint a rules ombudsman, as defined in s.
 1292  288.703, in the Executive Office of the Governor, for
 1293  considering the impact of agency rules on the state’s citizens
 1294  and businesses. The duties of the rules ombudsman are to:
 1295  (2) Review state agency rules that adversely or
 1296  disproportionately impact businesses[, particularly those]
 1297  [relating to small and minority businesses].
 1298  Section 26. Subsections (1), (3), and (5) of section
 1299  288.703, Florida Statutes, are amended to read:
 1300  288.703 Definitions.—As used in ss. 288.702-288.706, the
 1301  term:
 1302  [(1) “Certified minority business enterprise” means a]
 1303  [business which has been certified by the certifying organization]
 1304  [or jurisdiction in accordance with s. 287.0943(1) and (2).]
 1305  [(3) “Minority business enterprise” means any small business]
 1306  [concern as defined in subsection (6) which is organized to]
 1307  [engage in commercial transactions, which is domiciled in]
 1308  [Florida, and which is at least 51-percent-owned by minority]
 1309  [persons who are members of an insular group that is of a]
 1310  [particular racial, ethnic, or gender makeup or national origin,]
 1311  [which has been subjected historically to disparate treatment due]
 1312  [to identification in and with that group resulting in an]
 1313  [underrepresentation of commercial enterprises under the group’s]
 1314  [control, and whose management and daily operations are]
 1315  [controlled by such persons. A minority business enterprise may]
 1316  [primarily involve the practice of a profession. Ownership by a]
 1317  [minority person does not include ownership which is the result]
 1318  [of a transfer from a nonminority person to a minority person]
 1319  [within a related immediate family group if the combined total]
 1320  [net asset value of all members of such family group exceeds $1]
 1321  [million. For purposes of this subsection, the term “related]
 1322  [immediate family group” means one or more children under 16]
 1323  [years of age and a parent of such children or the spouse of such]
 1324  [parent residing in the same house or living unit.]
 1325  (3)[(5)] “Ombudsman” means an office or individual whose
 1326  responsibilities include coordinating with the Office of
 1327  Supplier Development [Diversity] for the interests of and
 1328  providing assistance to small [and minority] business enterprises
 1329  in dealing with governmental agencies and in developing
 1330  proposals for changes in state agency rules.
 1331  Section 27. Section 288.7031, Florida Statutes, is amended
 1332  to read:
 1333  288.7031 Application of the definition of “small business”
 1334  [certain definitions].—The definition [definitions] of “small
 1335  business[,]” [“minority business enterprise,” and “certified]
 1336  [minority business enterprise” provided] in s. 288.703 applies
 1337  [apply] to the state and all political subdivisions of the state.
 1338  Section 28. Paragraph (a) of subsection (1) of section
 1339  288.776, Florida Statutes, is amended to read:
 1340  288.776 Board of directors; powers and duties.—
 1341  (1)(a) The corporation shall have a board of directors
 1342  consisting of 15 members representing all geographic areas of
 1343  this [the] state. [Minority and gender representation must be]
 1344  [considered when making appointments to the board.] The board
 1345  membership must include:
 1346  1. A representative of the following businesses, all of
 1347  which must be registered to do business in this state: a foreign
 1348  bank, a state bank, a federal bank, an insurance company
 1349  involved in covering trade financing risks, and a small or
 1350  medium-sized exporter.
 1351  2. The following persons or their designee: the Secretary
 1352  of Commerce, the Chief Financial Officer, the Secretary of
 1353  State, and a senior official of the United States Department of
 1354  Commerce.
 1355  Section 29. Paragraph (f) of subsection (1) of section
 1356  290.0057, Florida Statutes, is amended to read:
 1357  290.0057 Enterprise zone development plan.—
 1358  (1) Any application for designation as a new enterprise
 1359  zone must be accompanied by a strategic plan adopted by the
 1360  governing body of the municipality or county, or the governing
 1361  bodies of the county and one or more municipalities together. At
 1362  a minimum, the plan must:
 1363  (f) Identify the amount of local and private resources that
 1364  will be available in the nominated area and the private/public
 1365  partnerships to be used, which may include participation by, and
 1366  cooperation with, universities, community colleges, small
 1367  business development centers, [black business investment]
 1368  [corporations,] certified development corporations, and other
 1369  private and public entities.
 1370  Section 30. Paragraph (c) of subsection (3) of section
 1371  290.046, Florida Statutes, is amended to read:
 1372  290.046 Applications for grants; procedures; requirements.—
 1373  (3)
 1374  (c) The application’s program impact score, equal
 1375  employment opportunity and fair housing score, and communitywide
 1376  needs score may take into consideration scoring factors,
 1377  including, but not limited to, unemployment, poverty levels,
 1378  low-income and moderate-income populations, benefits to low
 1379  income and moderate-income residents, [use of minority-owned and]
 1380  [woman-owned business enterprises in previous grants,] health and
 1381  safety issues, and the condition of physical structures.
 1382  Section 31. Subsection (3) of section 320.63, Florida
 1383  Statutes, is amended to read:
 1384  320.63 Application for license; contents.—Any person
 1385  desiring to be licensed pursuant to ss. 320.60-320.70 shall make
 1386  application therefor to the department upon a form containing
 1387  such information as the department requires. The department
 1388  shall require, with such application or otherwise and from time
 1389  to time, all of the following, which information may be
 1390  considered by the department in determining the fitness of the
 1391  applicant or licensee to engage in the business for which the
 1392  applicant or licensee desires to be licensed:
 1393  (3) From each manufacturer, distributor, or importer which
 1394  uses [utilizes] an identical blanket basic agreement for its
 1395  dealers or distributors in this state, which agreement comprises
 1396  [all or] any part of the applicant’s or licensee’s agreements with
 1397  motor vehicle dealers in this state, a copy of the written
 1398  agreement and all supplements thereto, together with a list of
 1399  the applicant’s or licensee’s authorized dealers or distributors
 1400  and their addresses. The applicant or licensee shall further
 1401  notify the department immediately of the appointment of any
 1402  additional dealer or distributor. [The applicant or licensee]
 1403  [shall annually report to the department on its efforts to add]
 1404  [new minority dealer points, including difficulties encountered]
 1405  [under ss. 320.61-320.70. For purposes of this section “minority”]
 1406  [shall have the same meaning as that given it in the definition]
 1407  [of “minority person” in s. 288.703.] Not later than 60 days
 1408  before the date a revision or modification to a franchise
 1409  agreement is offered uniformly to a licensee’s motor vehicle
 1410  dealers in this state, the licensee shall notify the department
 1411  of such revision, modification, or addition to the franchise
 1412  agreement on file with the department. In no event may a
 1413  franchise agreement, or any addendum or supplement thereto, be
 1414  offered to a motor vehicle dealer in this state until the
 1415  applicant or licensee files an affidavit with the department
 1416  acknowledging that the terms or provisions of the agreement, or
 1417  any related document, are not inconsistent with, prohibited by,
 1418  or contrary to the provisions contained in ss. 320.60-320.70.
 1419  Any franchise agreement offered to a motor vehicle dealer in
 1420  this state must [shall] provide that all terms and conditions in
 1421  such agreement inconsistent with the law and rules of this state
 1422  are of no force and effect.
 1423  Section 32. Paragraph (g) of subsection (1) of section
 1424  376.84, Florida Statutes, is amended to read:
 1425  376.84 Brownfield redevelopment economic incentives.—It is
 1426  the intent of the Legislature that brownfield redevelopment
 1427  activities be viewed as opportunities to significantly improve
 1428  the utilization, general condition, and appearance of these
 1429  sites. Different standards than those in place for new
 1430  development, as allowed under current state and local laws,
 1431  should be used to the fullest extent to encourage the
 1432  redevelopment of a brownfield. State and local governments are
 1433  encouraged to offer redevelopment incentives for this purpose,
 1434  as an ongoing public investment in infrastructure and services,
 1435  to help eliminate the public health and environmental hazards,
 1436  and to promote the creation of jobs in these areas. Such
 1437  incentives may include financial, regulatory, and technical
 1438  assistance to persons and businesses involved in the
 1439  redevelopment of the brownfield pursuant to this act.
 1440  (1) Financial incentives and local incentives for
 1441  redevelopment may include, but not be limited to:
 1442  [(g) Minority business enterprise programs as provided in s.]
 1443  [287.0943.]
 1444  Section 33. Subsection (5) of section 383.216, Florida
 1445  Statutes, is amended to read:
 1446  383.216 Community-based prenatal and infant health care.—
 1447  (5) The membership of each prenatal and infant health care
 1448  coalition shall represent health care providers, the recipient
 1449  community, and the community at large[; ][shall][ represent the]
 1450  [racial, ethnic, and gender composition of the community;] and
 1451  shall include at least the following:
 1452  (a) Consumers of family planning, primary care, or prenatal
 1453  care services, at least two of whom are low-income or Medicaid
 1454  eligible.
 1455  (b) Health care providers, including:
 1456  1. County health departments.
 1457  2. Migrant and community health centers.
 1458  3. Hospitals.
 1459  4. Local medical societies.
 1460  5. Local health planning organizations.
 1461  (c) Local health advocacy interest groups and community
 1462  organizations.
 1463  (d) County and municipal governments.
 1464  (e) Social service organizations.
 1465  (f) Local education communities.
 1466  Section 34. Section 395.807, Florida Statutes, is repealed.
 1467  Section 35. Subsection (24) of section 409.901, Florida
 1468  Statutes, is amended to read:
 1469  409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1470  409.901-409.920, except as otherwise specifically provided, the
 1471  term:
 1472  [(24) “Minority physician network” means a network of]
 1473  [primary care physicians with experience managing Medicaid or]
 1474  [Medicare recipients that is predominantly owned by minorities as]
 1475  [defined in s. 288.703, which may have a collaborative]
 1476  [partnership with a public college or university and a tax-exempt]
 1477  [charitable corporation.]
 1478  Section 36. Paragraph (e) of subsection (1) of section
 1479  409.920, Florida Statutes, is amended to read:
 1480  409.920 Medicaid provider fraud.—
 1481  (1) For the purposes of this section, the term:
 1482  (e) “Managed care plans” means a health insurer authorized
 1483  under chapter 624, an exclusive provider organization authorized
 1484  under chapter 627, a health maintenance organization authorized
 1485  under chapter 641, a prepaid health plan authorized under this
 1486  chapter, a provider service network authorized under this
 1487  chapter, [a minority physician network authorized under this]
 1488  [chapter,] and an emergency department diversion program
 1489  authorized under this chapter or the General Appropriations Act,
 1490  providing health care services pursuant to a contract with the
 1491  Medicaid program.
 1492  Section 37. Paragraph (b) of subsection (4) of section
 1493  430.502, Florida Statutes, is amended to read:
 1494  430.502 Alzheimer’s disease; memory disorder clinics and
 1495  day care and respite care programs.—
 1496  (4) The department shall develop performance goals that
 1497  exceed the minimum performance standards developed under
 1498  subsection (3), which goals must be achieved in order for a
 1499  memory disorder clinic to be eligible for incentive funding
 1500  above the base level, subject to legislative appropriation.
 1501  Incentive funding shall be based on criteria including, but not
 1502  limited to:
 1503  (b) Significant increase in public outreach to low-income
 1504  [and minority] populations.
 1505  Section 38. Paragraph (b) of subsection (2) of section
 1506  440.45, Florida Statutes, is amended to read:
 1507  440.45 Office of the Judges of Compensation Claims.—
 1508  (2)
 1509  (b) Except as provided in paragraph (c), the Governor shall
 1510  appoint a judge of compensation claims from a list of three
 1511  persons nominated by a statewide nominating commission. The
 1512  statewide nominating commission shall be composed of the
 1513  following:
 1514  1. Six members, [at least] one of whom [must be a member of a]
 1515  [minority group as defined in s. 288][.703, one of each who] resides
 1516  in each of the territorial jurisdictions of the district courts
 1517  of appeal, appointed by the Board of Governors of The Florida
 1518  Bar from among The Florida Bar members engaged in the practice
 1519  of law. Each member shall be appointed for a 4-year term;
 1520  2. Six electors, [at least] one of whom [must be a member of a]
 1521  [minority group as defined in s. 288.][703, one of each who] resides
 1522  in each of the territorial jurisdictions of the district courts
 1523  of appeal, appointed by the Governor. Each member shall be
 1524  appointed for a 4-year term; and
 1525  3. Six electors, [at least] one of whom [must be a member of a]
 1526  [minority group as defined in s. 288.70][3, one of each w][ho] resides
 1527  in each of the territorial jurisdictions of the district courts
 1528  of appeal, selected and appointed by a majority vote of the
 1529  other 10 members of the commission. Each member shall be
 1530  appointed for a 4-year term.
 1531
 1532  A vacancy occurring on the commission must [shall] be filled by
 1533  the original appointing authority for the unexpired balance of
 1534  the term. An attorney who appears before any judge of
 1535  compensation claims more than four times a year is not eligible
 1536  to serve on the statewide nominating commission. The meetings
 1537  and determinations of the nominating commission as to the judges
 1538  of compensation claims must [shall] be open to the public.
 1539  Section 39. Subsections (1) and (8) of section 445.007,
 1540  Florida Statutes, are amended to read:
 1541  445.007 Local workforce development boards.—
 1542  (1) One local workforce development board shall be
 1543  appointed in each designated service delivery area and shall
 1544  serve as the local workforce development board pursuant to Pub.
 1545  L. No. 113-128. The membership of the local board must be
 1546  consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
 1547  public education or training provider is represented on the
 1548  local board, a representative of a private education provider
 1549  must also be appointed to the local board. The state board may
 1550  waive this requirement if requested by a local board if it is
 1551  demonstrated that such representatives do not exist in the
 1552  region. [The importance of minority and gender representation]
 1553  [shall be considered when making appointments to the local board.]
 1554  The local board, its committees, subcommittees, and
 1555  subdivisions, and other units of the workforce system, including
 1556  units that may consist in whole or in part of local governmental
 1557  units, may use any method of telecommunications to conduct
 1558  meetings, including establishing a quorum through
 1559  telecommunications, provided that the public is given proper
 1560  notice of the telecommunications meeting and reasonable access
 1561  to observe and, when appropriate, participate. Local boards are
 1562  subject to chapters 119 and 286 and s. 24, Art. I of the State
 1563  Constitution. Each member of a local board who is not otherwise
 1564  required to file a full and public disclosure of financial
 1565  interests under s. 8, Art. II of the State Constitution or s.
 1566  112.3144 shall file a statement of financial interests under s.
 1567  112.3145. The executive director or designated person
 1568  responsible for the operational and administrative functions of
 1569  the local board who is not otherwise required to file a full and
 1570  public disclosure of financial interests under s. 8, Art. II of
 1571  the State Constitution or s. 112.3144 shall file a statement of
 1572  financial interests under s. 112.3145. The local board’s
 1573  website, or the department’s website if the local board does not
 1574  maintain a website, must inform the public that each disclosure
 1575  or statement has been filed with the Commission on Ethics and
 1576  provide information how each disclosure or statement may be
 1577  reviewed. The notice to the public must remain on the website
 1578  throughout the term of office or employment of the filer and
 1579  until 1 year after the term on the local board or employment
 1580  ends.
 1581  [(8) The importance of minority and gender representation]
 1582  [shall be considered when appointments are made to any committee]
 1583  [established by the local workforce development board.]
 1584  Section 40. Subsection (12) of section 446.041, Florida
 1585  Statutes, is amended to read:
 1586  446.041 Duties of the department.—The department shall:
 1587  [(12) Ensure that minority and gender diversity are]
 1588  [considered in administering this program.]
 1589  Section 41. Subsection (4) of section 489.111, Florida
 1590  Statutes, is amended to read:
 1591  489.111 Licensure by examination.—
 1592  [(4) The department shall ensure that a sensitivity review]
 1593  [committee has been established including representatives of]
 1594  [various ethnic/minority groups. No question found by this]
 1595  [committee to be discriminatory against any ethnic/minority group]
 1596  [shall be included in the examination.]
 1597  Section 42. Subsection (7) of section 627.3511, Florida
 1598  Statutes, is amended to read:
 1599  627.3511 Depopulation of Citizens Property Insurance
 1600  Corporation.—
 1601  [(7) A minority business, which is at least 51 percent owned]
 1602  [by minority persons as described in s. 288.703, desiring to]
 1603  [operate or become licensed as a property and casualty insurer]
 1604  [may exempt up to $50 of the escrow requirements of the take-out]
 1605  [bonus, as described in this section. Such minority business,]
 1606  [which has applied for a certificate of authority to engage in]
 1607  [business as a property and casualty insurer, may simultaneously]
 1608  [file the business’ proposed take-out plan, as described in this]
 1609  [section, with the corporation.]
 1610  Section 43. Section 641.217, Florida Statutes, is repealed.
 1611  Section 44. Chapter 760, Florida Statutes, entitled
 1612  “Discrimination in the Treatment of Persons; Minority
 1613  Representation” is retitled “Discrimination in the Treatment of
 1614  Persons.”
 1615  Section 45. Section 760.80, Florida Statutes, is repealed.
 1616  Section 46. Part V of chapter 760, Florida Statutes, is
 1617  redesignated as part IV of that chapter.
 1618  Section 47. Paragraph (d) of subsection (7) of section
 1619  1001.706, Florida Statutes, is amended to read:
 1620  1001.706 Powers and duties of the Board of Governors.—
 1621  (7) POWERS AND DUTIES RELATING TO PROPERTY.—
 1622  [(d) The Board of Governors, or the board’s designee, shall]
 1623  [ensure compliance with the provisions of s. 287.09451 for all]
 1624  [procurement and ss. 255.101 and 255.102 for construction]
 1625  [contracts, and rules adopted pursuant thereto, relating to the]
 1626  [utilization of minority business enterprises, except that]
 1627  [procurements costing less than the amount provided for in]
 1628  [CATEGORY FIVE as provided in s. 287.017 shall not be subject to]
 1629  [s. 287.09451.]
 1630  Section 48. Subsections (1) and (10) of section 1004.42,
 1631  Florida Statutes, are amended to read:
 1632  1004.42 Florida State University College of Medicine.—
 1633  (1) CREATION.—There is hereby established a 4-year
 1634  allopathic medical school within the Florida State University,
 1635  to be known as the Florida State University College of Medicine,
 1636  with a principal focus on recruiting and training medical
 1637  professionals to meet the primary health care needs of the
 1638  state, especially the needs of the state’s elderly, rural,
 1639  [minority,] and other underserved citizens.
 1640  (10) INCREASING PARTICIPATION OF UNDERREPRESENTED GROUPS.
 1641  To increase the participation of underrepresented groups and
 1642  socially and economically disadvantaged youth in science and
 1643  medical programs, the College of Medicine [shall continue the]
 1644  [outreach efforts of the Program in Medical Sciences (PIMS) to]
 1645  [middle and high school minority students, including the Science]
 1646  [Students Together Reaching Instructional Diversity and]
 1647  [Excellence (SSTRIDE][),][ and] shall build an endowment income to
 1648  support recruitment programs and scholarship and financial aid
 1649  packages for these students. To develop a base of qualified
 1650  potential medical school candidates from underrepresented
 1651  groups, the College of Medicine shall coordinate with the
 1652  undergraduate premedical and science programs currently offered
 1653  at the Florida State University, develop relationships with
 1654  potential feeder institutions, including 4-year institutions and
 1655  community colleges, and pursue grant funds to support programs,
 1656  as well as support scholarship and financial aid packages. The
 1657  College of Medicine shall develop plans for a postbaccalaureate,
 1658  1-year academic program that provides a second chance to a
 1659  limited number of students per year who have been declined
 1660  medical school admission, who are state residents, and who meet
 1661  established criteria as socially and economically disadvantaged.
 1662  The College of Medicine shall make every effort, through
 1663  recruitment and retention, to employ a faculty and support staff
 1664  that reflect the heterogeneous nature of the state’s general
 1665  population.
 1666  Section 49. Paragraph (a) of subsection (4) of section
 1667  1004.435, Florida Statutes, is amended to read:
 1668  1004.435 Cancer control and research.—
 1669  (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
 1670  CREATION; COMPOSITION.—
 1671  (a) There is created within the H. Lee Moffitt Cancer
 1672  Center and Research Institute, Inc., the Florida Cancer Control
 1673  and Research Advisory Council. The council shall consist of 16
 1674  members, which includes the chair [chairperson], all of whom must
 1675  be residents of this state. The State Surgeon General or his or
 1676  her designee within the Department of Health shall be one of the
 1677  16 members. Members, except those appointed by the Governor, the
 1678  Speaker of the House of Representatives, or the President of the
 1679  Senate, must be appointed by the chief executive officer of the
 1680  institution or organization represented, or his or her designee.
 1681  One member must be a representative of the American Cancer
 1682  Society; one member must be a representative of the Sylvester
 1683  Comprehensive Cancer Center of the University of Miami; one
 1684  member must be a representative of the University of Florida
 1685  Shands Cancer Center; one member must be a representative of the
 1686  Florida Nurses Association who specializes in the field of
 1687  oncology and is not from an institution or organization already
 1688  represented on the council; one member must be a representative
 1689  of the Florida Osteopathic Medical Association who specializes
 1690  in the field of oncology; one member must be a member of the
 1691  Florida Medical Association who specializes in the field of
 1692  oncology and who represents a cancer center not already
 1693  represented on the council; one member must be a representative
 1694  of the H. Lee Moffitt Cancer Center and Research Institute,
 1695  Inc.; one member must be a representative of the Mayo Clinic in
 1696  Jacksonville; one member must be a member of the Florida
 1697  Hospital Association who specializes in the field of oncology
 1698  and who represents a comprehensive cancer center not already
 1699  represented on the council; one member must be a representative
 1700  of the Association of Community Cancer Centers; one member must
 1701  specialize in pediatric oncology research or clinical care
 1702  appointed by the Governor; one member must specialize in
 1703  oncology clinical care or research appointed by the President of
 1704  the Senate; one member must be a current or former cancer
 1705  patient or a current or former caregiver to a cancer patient
 1706  appointed by the Speaker of the House of Representatives; one
 1707  member must be a member of the House of Representatives
 1708  appointed by the Speaker of the House of Representatives; and
 1709  one member must be a member of the Senate appointed by the
 1710  President of the Senate. [At least four of the members must be]
 1711  [individuals who are minority persons as defined by s. 288.703.]
 1712  Section 50. Section 1007.34, Florida Statutes, is repealed.
 1713  Section 51. Section 1007.35, Florida Statutes, is repealed.
 1714  Section 52. Section 1011.86, Florida Statutes, is repealed.
 1715  Section 53. Paragraph (c) of subsection (1) of section
 1716  1013.46, Florida Statutes, is amended to read:
 1717  1013.46 Advertising and awarding contracts;
 1718  prequalification of contractor.—
 1719  (1)
 1720  [(c) As an option, any county, municipality, or board may]
 1721  [set aside up to 10 percent of the total amount of funds]
 1722  [allocated for the purpose of entering into construction capital]
 1723  [project contracts with minority business enterprises, as defined]
 1724  [in s. 287.094. Such contracts shall be competitively bid only]
 1725  [among minority business enterprises. The set-aside shall be used]
 1726  [to redress present effects of past discriminatory practices and]
 1727  [shall be subject to periodic reassessment to account for]
 1728  [changing needs and circumstances.]
 1729  Section 54. Subsection (1) of section 43.16, Florida
 1730  Statutes, is amended to read:
 1731  43.16 Justice Administrative Commission; membership, powers
 1732  and duties.—
 1733  (1) There is hereby created a Justice Administrative
 1734  Commission, with headquarters located in the state capital. The
 1735  necessary office space for use of the commission shall be
 1736  furnished by the proper state agency in charge of state
 1737  buildings. For purposes of the fees imposed on agencies pursuant
 1738  to s. 287.057(22) [s. 287.057(24)], the Justice Administrative
 1739  Commission shall be exempt from such fees.
 1740  Section 55. Paragraph (g) of subsection (3) of section
 1741  212.096, Florida Statutes, is amended to read:
 1742  212.096 Sales, rental, storage, use tax; enterprise zone
 1743  jobs credit against sales tax.—
 1744  (3) In order to claim this credit, an eligible business
 1745  must file under oath with the governing body or enterprise zone
 1746  development agency having jurisdiction over the enterprise zone
 1747  where the business is located, as applicable, a statement which
 1748  includes:
 1749  (g) Whether the business is a small business as defined by
 1750  s. 288.703 [s. 288.703(6)].
 1751  Section 56. Paragraph (a) of subsection (2) of section
 1752  215.971, Florida Statutes, is amended to read:
 1753  215.971 Agreements funded with federal or state
 1754  assistance.—
 1755  (2) For each agreement funded with federal or state
 1756  financial assistance, the state agency shall designate an
 1757  employee to function as a grant manager who shall be responsible
 1758  for enforcing performance of the agreement’s terms and
 1759  conditions and who shall serve as a liaison with the recipient
 1760  or subrecipient.
 1761  (a)1. Each grant manager who is responsible for agreements
 1762  in excess of the threshold amount for CATEGORY TWO under s.
 1763  287.017 must, at a minimum, complete training conducted by the
 1764  Chief Financial Officer for accountability in contracts and
 1765  grant management.
 1766  2. Effective December 1, 2014, each grant manager
 1767  responsible for agreements in excess of $100,000 annually must
 1768  complete the training and become a certified contract manager as
 1769  provided under s. 287.057(13) [s. 287.057(15)]. All grant managers
 1770  must become certified contract managers within 24 months after
 1771  establishment of the training and certification requirements by
 1772  the Department of Management Services and the Department of
 1773  Financial Services.
 1774  Section 57. Subsection (5) of section 282.201, Florida
 1775  Statutes, is amended to read:
 1776  282.201 State data center.—The state data center is
 1777  established within the department. The provision of data center
 1778  services must comply with applicable state and federal laws,
 1779  regulations, and policies, including all applicable security,
 1780  privacy, and auditing requirements. The department shall appoint
 1781  a director of the state data center who has experience in
 1782  leading data center facilities and has expertise in cloud
 1783  computing management.
 1784  (5) NORTHWEST REGIONAL DATA CENTER CONTRACT.—In order for
 1785  the department to carry out its duties and responsibilities
 1786  relating to the state data center, the secretary of the
 1787  department shall contract by July 1, 2022, with the Northwest
 1788  Regional Data Center pursuant to s. 287.057(10) [s. 287.057(11)].
 1789  The contract shall provide that the Northwest Regional Data
 1790  Center will manage the operations of the state data center and
 1791  provide data center services to state agencies.
 1792  (a) The department shall provide contract oversight,
 1793  including, but not limited to, reviewing invoices provided by
 1794  the Northwest Regional Data Center for services provided to
 1795  state agency customers.
 1796  (b) The department shall approve or request updates to
 1797  invoices within 10 business days after receipt. If the
 1798  department does not respond to the Northwest Regional Data
 1799  Center, the invoice will be approved by default. The Northwest
 1800  Regional Data Center must submit approved invoices directly to
 1801  state agency customers.
 1802  Section 58. Paragraph (a) of subsection (3) of section
 1803  282.709, Florida Statutes, is amended to read:
 1804  282.709 State agency law enforcement radio system and
 1805  interoperability network.—
 1806  (3) In recognition of the critical nature of the statewide
 1807  law enforcement radio communications system, the Legislature
 1808  finds that there is an immediate danger to the public health,
 1809  safety, and welfare, and that it is in the best interest of the
 1810  state to continue partnering with the system’s current operator.
 1811  The Legislature finds that continuity of coverage is critical to
 1812  supporting law enforcement, first responders, and other public
 1813  safety users. The potential for a loss in coverage or a lack of
 1814  interoperability between users requires emergency action and is
 1815  a serious concern for officers’ safety and their ability to
 1816  communicate and respond to various disasters and events.
 1817  (a) The department, pursuant to s. 287.057(10) [s.]
 1818  [287.057(11)], shall enter into a 15-year contract with the entity
 1819  that was operating the statewide radio communications system on
 1820  January 1, 2021. The contract must include:
 1821  1. The purchase of radios;
 1822  2. The upgrade to the Project 25 communications standard;
 1823  3. Increased system capacity and enhanced coverage for
 1824  system users;
 1825  4. Operations, maintenance, and support at a fixed annual
 1826  rate;
 1827  5. The conveyance of communications towers to the
 1828  department; and
 1829  6. The assignment of communications tower leases to the
 1830  department.
 1831  Section 59. Paragraph (b) of subsection (3) of section
 1832  286.101, Florida Statutes, is amended to read:
 1833  286.101 Foreign gifts and contracts.—
 1834  (3)
 1835  (b) Disclosure under this subsection is not required with
 1836  respect to:
 1837  1. A proposal to sell commodities through the online
 1838  procurement program established pursuant to s. 287.057(20) [s.]
 1839  [287.057(22)];
 1840  2. A proposal to sell commodities to a university pursuant
 1841  to Board of Governors Regulation 18.001;
 1842  3. An application or proposal from an entity that discloses
 1843  foreign gifts or grants under subsection (2) or s. 1010.25;
 1844  4. An application or proposal from a foreign source that,
 1845  if granted or accepted, would be disclosed under subsection (2)
 1846  or s. 1010.25; or
 1847  5. An application or proposal from a public or not-for
 1848  profit research institution with respect to research funded by
 1849  any federal agency.
 1850  Section 60. Paragraph (a) of subsection (3) of section
 1851  287.0571, Florida Statutes, is amended to read:
 1852  287.0571 Business case to outsource; applicability.—
 1853  (3) This section does not apply to:
 1854  (a) A procurement of commodities and contractual services
 1855  listed in s. 287.057(3)(d) and (e) and (21) [(23)].
 1856  Section 61. Paragraph (b) of subsection (2) of section
 1857  288.0001, Florida Statutes, is amended to read:
 1858  288.0001 Economic Development Programs Evaluation.—The
 1859  Office of Economic and Demographic Research and the Office of
 1860  Program Policy Analysis and Government Accountability (OPPAGA)
 1861  shall develop and present to the Governor, the President of the
 1862  Senate, the Speaker of the House of Representatives, and the
 1863  chairs of the legislative appropriations committees the Economic
 1864  Development Programs Evaluation.
 1865  (2) The Office of Economic and Demographic Research and
 1866  OPPAGA shall provide a detailed analysis of economic development
 1867  programs as provided in the following schedule:
 1868  (b) By January 1, 2015, and every 3 years thereafter, an
 1869  analysis of:
 1870  1. The entertainment industry sales tax exemption program
 1871  established under s. 288.1258.
 1872  2. VISIT Florida and its programs established or funded
 1873  under ss. 288.122-288.12265 and 288.124.
 1874  3. The Florida Sports Foundation and related programs,
 1875  including those established under ss. 288.1162, 288.11621, and
 1876  288.1166[, and 288.1167].
 1877  Section 62. Subsection (2) of section 288.706, Florida
 1878  Statutes, is amended to read:
 1879  288.706 Florida Minority Business Loan Mobilization
 1880  Program.—
 1881  (2) The Florida Minority Business Loan Mobilization Program
 1882  is created to promote the development of minority business
 1883  enterprises[, as defined in s. 288.703(3)], increase the ability
 1884  of minority business enterprises to compete for state contracts,
 1885  and sustain the economic growth of minority business enterprises
 1886  in this state. The goal of the program is to assist minority
 1887  business enterprises by facilitating working capital loans to
 1888  minority business enterprises that are vendors on state agency
 1889  contracts. The Department of Management Services shall
 1890  administer the program.
 1891  Section 63. Subsection (4) of section 290.004, Florida
 1892  Statutes, is amended to read:
 1893  290.004 Definitions relating to Florida Enterprise Zone
 1894  Act.—As used in ss. 290.001-290.016:
 1895  [(4) “Minority business enterprise” has the same meaning as]
 1896  [provided in s. 288.703.]
 1897  Section 64. Paragraph (b) of subsection (4) of section
 1898  295.187, Florida Statutes, is amended to read:
 1899  295.187 Florida Veteran Business Enterprise Opportunity
 1900  Act.—
 1901  (4) VENDOR PREFERENCE.—
 1902  (b) [Notwithstanding s. 287.057(12),] If a veteran business
 1903  enterprise entitled to the vendor preference under this section
 1904  and one or more businesses entitled to this preference or
 1905  another vendor preference provided by law submit bids,
 1906  proposals, or replies for procurement of commodities or
 1907  contractual services which are equal with respect to all
 1908  relevant considerations, including price, quality, and service,
 1909  the state agency must [shall] award the procurement or contract to
 1910  the business having the smallest net worth.
 1911  Section 65. Paragraph (d) of subsection (4) of section
 1912  337.11, Florida Statutes, is amended to read:
 1913  337.11 Contracting authority of department; bids; emergency
 1914  repairs, supplemental agreements, and change orders; combined
 1915  design and construction contracts; progress payments; records;
 1916  requirements of vehicle registration.—
 1917  (4)
 1918  (d) Notwithstanding the requirements of ss. 120.57(3)(c)
 1919  and 287.057(23) [ss. 120.57(3)(c) and ][287][.057(25)], upon receipt
 1920  of a formal written protest that is timely filed, the department
 1921  may continue the process provided in this subsection but may not
 1922  take final agency action as to the lowest bidder except as part
 1923  of the department’s final agency action in the protest or upon
 1924  dismissal of the protest by the protesting party.
 1925  Section 66. Paragraph (b) of subsection (5) of section
 1926  339.63, Florida Statutes, is amended to read:
 1927  339.63 System facilities designated; additions and
 1928  deletions.—
 1929  (5)
 1930  (b) A facility designated part of the Strategic Intermodal
 1931  System pursuant to paragraph (a) which [that] is within the
 1932  jurisdiction of a local government that maintains a
 1933  transportation concurrency system must [shall] receive a waiver of
 1934  transportation concurrency requirements applicable to Strategic
 1935  Intermodal System facilities in order to accommodate any
 1936  development at the facility which occurs pursuant to a building
 1937  permit issued on or before December 31, 2017, but only if such
 1938  facility is located:
 1939  1. Within an area designated pursuant to s. 288.0656(7) as
 1940  a rural area of opportunity;
 1941  2. Within a rural enterprise zone as defined in s. 290.004
 1942  [s. 290.004(5)]; or
 1943  3. Within 15 miles of the boundary of a rural area of
 1944  opportunity or a rural enterprise zone.
 1945  Section 67. Paragraph (a) of subsection (2) of section
 1946  376.3072, Florida Statutes, is amended to read:
 1947  376.3072 Florida Petroleum Liability and Restoration
 1948  Insurance Program.—
 1949  (2)(a) An owner or operator of a petroleum storage system
 1950  may become an insured in the restoration insurance program at a
 1951  facility if:
 1952  1. A site at which an incident has occurred is eligible for
 1953  restoration if the insured is a participant in the third-party
 1954  liability insurance program or otherwise meets applicable
 1955  financial responsibility requirements. After July 1, 1993, the
 1956  insured must also provide the required excess insurance coverage
 1957  or self-insurance for restoration to achieve the financial
 1958  responsibility requirements of 40 C.F.R. s. 280.97, subpart H,
 1959  not covered by paragraph (d).
 1960  2. A site which had a discharge reported before January 1,
 1961  1989, for which notice was given pursuant to s. 376.3071(10) and
 1962  which is ineligible for the third-party liability insurance
 1963  program solely due to that discharge is eligible for
 1964  participation in the restoration program for an incident
 1965  occurring on or after January 1, 1989, pursuant to subsection
 1966  (3). Restoration funding for an eligible contaminated site will
 1967  be provided without participation in the third-party liability
 1968  insurance program until the site is restored as required by the
 1969  department or until the department determines that the site does
 1970  not require restoration.
 1971  3. Notwithstanding paragraph (b), a site where an
 1972  application is filed with the department before January 1, 1995,
 1973  where the owner is a small business under s. 288.703 [s.]
 1974  [288.703(6)], a Florida College System institution with less than
 1975  2,500 FTE, a religious institution as defined by s.
 1976  212.08(7)(m), a charitable institution as defined by s.
 1977  212.08(7)(p), or a county or municipality with a population of
 1978  less than 50,000, is eligible for up to $400,000 of eligible
 1979  restoration costs, less a deductible of $10,000 for small
 1980  businesses, eligible Florida College System institutions, and
 1981  religious or charitable institutions, and $30,000 for eligible
 1982  counties and municipalities, if:
 1983  a. Except as provided in sub-subparagraph e., the facility
 1984  was in compliance with department rules at the time of the
 1985  discharge.
 1986  b. The owner or operator has, upon discovery of a
 1987  discharge, promptly reported the discharge to the department,
 1988  and drained and removed the system from service, if necessary.
 1989  c. The owner or operator has not intentionally caused or
 1990  concealed a discharge or disabled leak detection equipment.
 1991  d. The owner or operator proceeds to complete initial
 1992  remedial action as specified in department rules.
 1993  e. The owner or operator, if required and if it has not
 1994  already done so, applies for third-party liability coverage for
 1995  the facility within 30 days after receipt of an eligibility
 1996  order issued by the department pursuant to this subparagraph.
 1997
 1998  However, the department may consider in-kind services from
 1999  eligible counties and municipalities in lieu of the $30,000
 2000  deductible. The cost of conducting initial remedial action as
 2001  defined by department rules is an eligible restoration cost
 2002  pursuant to this subparagraph.
 2003  4.a. By January 1, 1997, facilities at sites with existing
 2004  contamination must have methods of release detection to be
 2005  eligible for restoration insurance coverage for new discharges
 2006  subject to department rules for secondary containment. Annual
 2007  storage system testing, in conjunction with inventory control,
 2008  shall be considered to be a method of release detection until
 2009  the later of December 22, 1998, or 10 years after the date of
 2010  installation or the last upgrade. Other methods of release
 2011  detection for storage tanks which meet such requirement are:
 2012  (I) Interstitial monitoring of tank and integral piping
 2013  secondary containment systems;
 2014  (II) Automatic tank gauging systems; or
 2015  (III) A statistical inventory reconciliation system with a
 2016  tank test every 3 years.
 2017  b. For pressurized integral piping systems, the owner or
 2018  operator must use:
 2019  (I) An automatic in-line leak detector with flow
 2020  restriction meeting the requirements of department rules used in
 2021  conjunction with an annual tightness or pressure test; or
 2022  (II) An automatic in-line leak detector with electronic
 2023  flow shut-off meeting the requirements of department rules.
 2024  c. For suction integral piping systems, the owner or
 2025  operator must use:
 2026  (I) A single check valve installed directly below the
 2027  suction pump if there are no other valves between the dispenser
 2028  and the tank; or
 2029  (II) An annual tightness test or other approved test.
 2030  d. Owners of facilities with existing contamination that
 2031  install internal release detection systems pursuant to sub
 2032  subparagraph a. shall permanently close their external
 2033  groundwater and vapor monitoring wells pursuant to department
 2034  rules by December 31, 1998. Upon installation of the internal
 2035  release detection system, such wells must be secured and taken
 2036  out of service until permanent closure.
 2037  e. Facilities with vapor levels of contamination meeting
 2038  the requirements of or below the concentrations specified in the
 2039  performance standards for release detection methods specified in
 2040  department rules may continue to use vapor monitoring wells for
 2041  release detection.
 2042  f. The department may approve other methods of release
 2043  detection for storage tanks and integral piping which have at
 2044  least the same capability to detect a new release as the methods
 2045  specified in this subparagraph.
 2046
 2047  Sites meeting the criteria of this subsection for which a site
 2048  rehabilitation completion order was issued before June 1, 2008,
 2049  do not qualify for the 2008 increase in site rehabilitation
 2050  funding assistance and are bound by the pre-June 1, 2008,
 2051  limits. Sites meeting the criteria of this subsection for which
 2052  a site rehabilitation completion order was not issued before
 2053  June 1, 2008, regardless of whether they have previously
 2054  transitioned to nonstate-funded cleanup status, may continue
 2055  state-funded cleanup pursuant to s. 376.3071(6) until a site
 2056  rehabilitation completion order is issued or the increased site
 2057  rehabilitation funding assistance limit is reached, whichever
 2058  occurs first.
 2059  Section 68. Paragraph (b) of subsection (8) of section
 2060  381.986, Florida Statutes, is amended to read:
 2061  381.986 Medical use of marijuana.—
 2062  (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
 2063  (b) An applicant for licensure as a medical marijuana
 2064  treatment center must apply to the department on a form
 2065  prescribed by the department and adopted in rule. The department
 2066  shall adopt rules pursuant to ss. 120.536(1) and 120.54
 2067  establishing a procedure for the issuance and biennial renewal
 2068  of licenses, including initial application and biennial renewal
 2069  fees sufficient to cover the costs of implementing and
 2070  administering this section, and establishing supplemental
 2071  licensure fees for payment beginning May 1, 2018, sufficient to
 2072  cover the costs of administering ss. 381.989 and 1004.4351. The
 2073  department shall identify applicants with strong diversity plans
 2074  reflecting the [this] state’s commitment to diversity and
 2075  implement training programs and other educational programs to
 2076  enable minority persons [and minority business enterprises], as
 2077  defined in s. 288.703, and veteran business enterprises, as
 2078  defined in s. 295.187, to compete for medical marijuana
 2079  treatment center licensure and contracts. Subject to the
 2080  requirements in subparagraphs (a)2.-4., the department must
 2081  [shall] issue a license to an applicant if the applicant meets the
 2082  requirements of this section and pays the initial application
 2083  fee. The department must [shall] renew the licensure of a medical
 2084  marijuana treatment center biennially if the licensee meets the
 2085  requirements of this section and pays the biennial renewal fee.
 2086  However, the department may not renew the license of a medical
 2087  marijuana treatment center that has not begun to cultivate,
 2088  process, and dispense marijuana by the date that the medical
 2089  marijuana treatment center is required to renew its license. An
 2090  individual may not be an applicant, an owner, an officer, a
 2091  board member, or a manager on more than one application for
 2092  licensure as a medical marijuana treatment center. An individual
 2093  or entity may not be awarded more than one license as a medical
 2094  marijuana treatment center. An applicant for licensure as a
 2095  medical marijuana treatment center must demonstrate:
 2096  1. That, for the 5 consecutive years before submitting the
 2097  application, the applicant has been registered to do business in
 2098  this state.
 2099  2. Possession of a valid certificate of registration issued
 2100  by the Department of Agriculture and Consumer Services pursuant
 2101  to s. 581.131.
 2102  3. The technical and technological ability to cultivate and
 2103  produce marijuana, including, but not limited to, low-THC
 2104  cannabis.
 2105  4. The ability to secure the premises, resources, and
 2106  personnel necessary to operate as a medical marijuana treatment
 2107  center.
 2108  5. The ability to maintain accountability of all raw
 2109  materials, finished products, and any byproducts to prevent
 2110  diversion or unlawful access to or possession of these
 2111  substances.
 2112  6. An infrastructure reasonably located to dispense
 2113  marijuana to registered qualified patients statewide or
 2114  regionally as determined by the department.
 2115  7. The financial ability to maintain operations for the
 2116  duration of the 2-year approval cycle, including the provision
 2117  of certified financial statements to the department.
 2118  a. Upon approval, the applicant must post a $5 million
 2119  performance bond issued by an authorized surety insurance
 2120  company rated in one of the three highest rating categories by a
 2121  nationally recognized rating service. However, a medical
 2122  marijuana treatment center serving at least 1,000 qualified
 2123  patients is only required to maintain a $2 million performance
 2124  bond.
 2125  b. In lieu of the performance bond required under sub
 2126  subparagraph a., the applicant may provide an irrevocable letter
 2127  of credit payable to the department or provide cash to the
 2128  department. If provided with cash under this sub-subparagraph,
 2129  the department must deposit the cash in the Grants and Donations
 2130  Trust Fund within the Department of Health, subject to the same
 2131  conditions as the bond regarding requirements for the applicant
 2132  to forfeit ownership of the funds. If the funds deposited under
 2133  this sub-subparagraph generate interest, the amount of that
 2134  interest must be used by the department for the administration
 2135  of this section.
 2136  8. That all owners and managers have passed a background
 2137  screening pursuant to subsection (9). As used in this
 2138  subparagraph, the term:
 2139  a. “Manager” means any person with the authority to
 2140  exercise or contribute to the operational control, direction, or
 2141  management of an applicant or a medical marijuana treatment
 2142  center or who has authority to supervise any employee of an
 2143  applicant or a medical marijuana treatment center. The term
 2144  includes an individual with the power or authority to direct or
 2145  influence the direction or operation of an applicant or a
 2146  medical marijuana treatment center through board membership, an
 2147  agreement, or a contract.
 2148  b. “Owner” means any person who owns or controls a 5
 2149  percent or greater share of interests of the applicant or a
 2150  medical marijuana treatment center which include beneficial or
 2151  voting rights to interests. In the event that one person owns a
 2152  beneficial right to interests and another person holds the
 2153  voting rights with respect to such interests, then in such case,
 2154  both are considered the owner of such interests.
 2155  9. The employment of a medical director to supervise the
 2156  activities of the medical marijuana treatment center.
 2157  10. A diversity plan that promotes and ensures the
 2158  involvement of minority persons [and minority business]
 2159  [enterprises], as defined in s. 288.703, or veteran business
 2160  enterprises, as defined in s. 295.187, in ownership, management,
 2161  and employment. An applicant for licensure renewal must show the
 2162  effectiveness of the diversity plan by including the following
 2163  with his or her application for renewal:
 2164  a. Representation of minority persons and veterans in the
 2165  medical marijuana treatment center’s workforce;
 2166  b. Efforts to recruit minority persons and veterans for
 2167  employment; and
 2168  c. A record of contracts for services with minority
 2169  business enterprises and veteran business enterprises.
 2170  Section 69. Paragraph (a) of subsection (1) of section
 2171  394.47865, Florida Statutes, is amended to read:
 2172  394.47865 South Florida State Hospital; privatization.—
 2173  (1) The Department of Children and Families shall, through
 2174  a request for proposals, privatize South Florida State Hospital.
 2175  The department shall plan to begin implementation of this
 2176  privatization initiative by July 1, 1998.
 2177  (a) Notwithstanding s. 287.057(12) [s. 287.057(14)], the
 2178  department may enter into agreements, not to exceed 20 years,
 2179  with a private provider, a coalition of providers, or another
 2180  agency to finance, design, and construct a treatment facility
 2181  having up to 350 beds and to operate all aspects of daily
 2182  operations within the facility. The department may subcontract
 2183  any or all components of this procurement to a statutorily
 2184  established state governmental entity that has successfully
 2185  contracted with private companies for designing, financing,
 2186  acquiring, leasing, constructing, and operating major privatized
 2187  state facilities.
 2188  Section 70. Paragraph (b) of subsection (2) and subsection
 2189  (3) of section 402.7305, Florida Statutes, are amended to read:
 2190  402.7305 Department of Children and Families; procurement
 2191  of contractual services; contract management.—
 2192  (2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.—
 2193  (b) When it is in the best interest of a defined segment of
 2194  its consumer population, the department may competitively
 2195  procure and contract for systems of treatment or service that
 2196  involve multiple providers, rather than procuring and
 2197  contracting for treatment or services separately from each
 2198  participating provider. The department must ensure that all
 2199  providers that participate in the treatment or service system
 2200  meet all applicable statutory, regulatory, service quality, and
 2201  cost control requirements. If other governmental entities or
 2202  units of special purpose government contribute matching funds to
 2203  the support of a given system of treatment or service, the
 2204  department shall formally request information from those funding
 2205  entities in the procurement process and may take the information
 2206  received into account in the selection process. If a local
 2207  government contributes matching funds to support the system of
 2208  treatment or contracted service and if the match constitutes at
 2209  least 25 percent of the value of the contract, the department
 2210  shall afford the governmental match contributor an opportunity
 2211  to name an employee as one of the persons required by s.
 2212  287.057(15) [s. 287.057(17)] to evaluate or negotiate certain
 2213  contracts, unless the department sets forth in writing the
 2214  reason why the inclusion would be contrary to the best interest
 2215  of the state. Any employee so named by the governmental match
 2216  contributor shall qualify as one of the persons required by s.
 2217  287.057(15) [s. 287.057(17)]. A governmental entity or unit of
 2218  special purpose government may not name an employee as one of
 2219  the persons required by s. 287.057(15) [s. 287.057(17)] if it, or
 2220  any of its political subdivisions, executive agencies, or
 2221  special districts, intends to compete for the contract to be
 2222  awarded. The governmental funding entity or contributor of
 2223  matching funds must comply with all procurement procedures set
 2224  forth in s. 287.057 when appropriate and required.
 2225  (3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.—The
 2226  Department of Children and Families shall review the time period
 2227  for which the department executes contracts and shall execute
 2228  multiyear contracts to make the most efficient use of the
 2229  resources devoted to contract processing and execution. Whenever
 2230  the department chooses not to use a multiyear contract, a
 2231  justification for that decision must be contained in the
 2232  contract. Notwithstanding s. 287.057(13) [s. 287.057(15)], the
 2233  department is responsible for establishing a contract management
 2234  process that requires a member of the department’s Senior
 2235  Management or Selected Exempt Service to assign in writing the
 2236  responsibility of a contract to a contract manager. The
 2237  department shall maintain a set of procedures describing its
 2238  contract management process which must minimally include the
 2239  following requirements:
 2240  (a) The contract manager shall maintain the official
 2241  contract file throughout the duration of the contract and for a
 2242  period not less than 6 years after the termination of the
 2243  contract.
 2244  (b) The contract manager shall review all invoices for
 2245  compliance with the criteria and payment schedule provided for
 2246  in the contract and shall approve payment of all invoices before
 2247  their transmission to the Department of Financial Services for
 2248  payment.
 2249  (c) The contract manager shall maintain a schedule of
 2250  payments and total amounts disbursed and shall periodically
 2251  reconcile the records with the state’s official accounting
 2252  records.
 2253  (d) For contracts involving the provision of direct client
 2254  services, the contract manager shall periodically visit the
 2255  physical location where the services are delivered and speak
 2256  directly to clients receiving the services and the staff
 2257  responsible for delivering the services.
 2258  (e) The contract manager shall meet at least once a month
 2259  directly with the contractor’s representative and maintain
 2260  records of such meetings.
 2261  (f) The contract manager shall periodically document any
 2262  differences between the required performance measures and the
 2263  actual performance measures. If a contractor fails to meet and
 2264  comply with the performance measures established in the
 2265  contract, the department may allow a reasonable period for the
 2266  contractor to correct performance deficiencies. If performance
 2267  deficiencies are not resolved to the satisfaction of the
 2268  department within the prescribed time, and if no extenuating
 2269  circumstances can be documented by the contractor to the
 2270  department’s satisfaction, the department must terminate the
 2271  contract. The department may not enter into a new contract with
 2272  that same contractor for the services for which the contract was
 2273  previously terminated for a period of at least 24 months after
 2274  the date of termination. The contract manager shall obtain and
 2275  enforce corrective action plans, if appropriate, and maintain
 2276  records regarding the completion or failure to complete
 2277  corrective action items.
 2278  (g) The contract manager shall document any contract
 2279  modifications, which shall include recording any contract
 2280  amendments as provided for in this section.
 2281  (h) The contract manager shall be properly trained before
 2282  being assigned responsibility for any contract.
 2283  Section 71. Subsection (2) of section 408.045, Florida
 2284  Statutes, is amended to read:
 2285  408.045 Certificate of need; competitive sealed proposals.—
 2286  (2) The agency shall make a decision regarding the issuance
 2287  of the certificate of need in accordance with s. 287.057(15) [the]
 2288  [provisions of ][s. ][287.057(17)], rules adopted by the agency
 2289  relating to intermediate care facilities for the developmentally
 2290  disabled, and the criteria in s. 408.035, as further defined by
 2291  rule.
 2292  Section 72. Paragraph (a) of subsection (20) of section
 2293  409.910, Florida Statutes, is amended to read:
 2294  409.910 Responsibility for payments on behalf of Medicaid
 2295  eligible persons when other parties are liable.—
 2296  (20)(a) Entities providing health insurance as defined in
 2297  s. 624.603, health maintenance organizations and prepaid health
 2298  clinics as defined in chapter 641, and, on behalf of their
 2299  clients, third-party administrators, pharmacy benefits managers,
 2300  and any other third parties, as defined in s. 409.901 [s.]
 2301  [409.901(27)], which are legally responsible for payment of a
 2302  claim for a health care item or service as a condition of doing
 2303  business in the state or providing coverage to residents of this
 2304  state, shall provide such records and information as are
 2305  necessary to accomplish the purpose of this section, unless such
 2306  requirement results in an unreasonable burden.
 2307  Section 73. Subsection (42) of section 570.07, Florida
 2308  Statutes, is amended to read:
 2309  570.07 Department of Agriculture and Consumer Services;
 2310  functions, powers, and duties.—The department shall have and
 2311  exercise the following functions, powers, and duties:
 2312  (42) Notwithstanding the provisions of s. 287.057(22) which
 2313  [s. 287.057(24][)][ that] require all agencies to use the online
 2314  procurement system developed by the Department of Management
 2315  Services, the department may continue to use its own online
 2316  system. However, vendors using [utilizing] such system must [shall]
 2317  be prequalified as meeting mandatory requirements and
 2318  qualifications and must [shall] remit fees pursuant to s.
 2319  287.057(22) [s. 287.057(24)], and any rules implementing s.
 2320  287.057.
 2321  Section 74. Paragraph (e) of subsection (6) of section
 2322  627.351, Florida Statutes, is amended to read:
 2323  627.351 Insurance risk apportionment plans.—
 2324  (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 2325  (e) The corporation is subject to s. 287.057 for the
 2326  purchase of commodities and contractual services except as
 2327  otherwise provided in this paragraph. Services provided by
 2328  tradepersons or technical experts to assist a licensed adjuster
 2329  in the evaluation of individual claims are not subject to the
 2330  procurement requirements of this section. Additionally, the
 2331  procurement of financial services providers and underwriters
 2332  must be made pursuant to s. 627.3513. Contracts for goods or
 2333  services valued at or more than $100,000 are subject to approval
 2334  by the board.
 2335  1. The corporation is an agency for purposes of s. 287.057,
 2336  except that, for purposes of s. 287.057(22) [s. 287.057(24)], the
 2337  corporation is an eligible user.
 2338  a. The authority of the Department of Management Services
 2339  and the Chief Financial Officer under s. 287.057 extends to the
 2340  corporation as if the corporation were an agency.
 2341  b. The executive director of the corporation is the agency
 2342  head under s. 287.057. The executive director of the corporation
 2343  may assign or appoint a designee to act on his or her behalf.
 2344  2. The corporation must provide notice of a decision or
 2345  intended decision concerning a solicitation, contract award, or
 2346  exceptional purchase by electronic posting. Such notice must
 2347  contain the following statement: “Failure to file a protest
 2348  within the time prescribed in this section constitutes a waiver
 2349  of proceedings.”
 2350  a. A person adversely affected by the corporation’s
 2351  decision or intended decision to award a contract pursuant to s.
 2352  287.057(1) or (3)(c) who elects to challenge the decision must
 2353  file a written notice of protest with the executive director of
 2354  the corporation within 72 hours after the corporation posts a
 2355  notice of its decision or intended decision. For a protest of
 2356  the terms, conditions, and specifications contained in a
 2357  solicitation, including provisions governing the methods for
 2358  ranking bids, proposals, replies, awarding contracts, reserving
 2359  rights of further negotiation, or modifying or amending any
 2360  contract, the notice of protest must be filed in writing within
 2361  72 hours after posting the solicitation. Saturdays, Sundays, and
 2362  state holidays are excluded in the computation of the 72-hour
 2363  time period.
 2364  b. A formal written protest must be filed within 10 days
 2365  after the date the notice of protest is filed. The formal
 2366  written protest must state with particularity the facts and law
 2367  upon which the protest is based. Upon receipt of a formal
 2368  written protest that has been timely filed, the corporation must
 2369  stop the solicitation or contract award process until the
 2370  subject of the protest is resolved by final board action unless
 2371  the executive director sets forth in writing particular facts
 2372  and circumstances that require the continuance of the
 2373  solicitation or contract award process without delay in order to
 2374  avoid an immediate and serious danger to the public health,
 2375  safety, or welfare.
 2376  (I) The corporation must provide an opportunity to resolve
 2377  the protest by mutual agreement between the parties within 7
 2378  business days after receipt of the formal written protest.
 2379  (II) If the subject of a protest is not resolved by mutual
 2380  agreement within 7 business days, the corporation’s board must
 2381  transmit the protest to the Division of Administrative Hearings
 2382  and contract with the division to conduct a hearing to determine
 2383  the merits of the protest and to issue a recommended order. The
 2384  contract must provide for the corporation to reimburse the
 2385  division for any costs incurred by the division for court
 2386  reporters, transcript preparation, travel, facility rental, and
 2387  other customary hearing costs in the manner set forth in s.
 2388  120.65(9). The division has jurisdiction to determine the facts
 2389  and law concerning the protest and to issue a recommended order.
 2390  The division’s rules and procedures apply to these proceedings.
 2391  The protest must be heard by the division at a publicly noticed
 2392  meeting in accordance with procedures established by the
 2393  division.
 2394  c. In a protest of an invitation-to-bid or request-for
 2395  proposals procurement, submissions made after the bid or
 2396  proposal opening which amend or supplement the bid or proposal
 2397  may not be considered. In protesting an invitation-to-negotiate
 2398  procurement, submissions made after the corporation announces
 2399  its intent to award a contract, reject all replies, or withdraw
 2400  the solicitation that amends or supplements the reply may not be
 2401  considered. Unless otherwise provided by law, the burden of
 2402  proof rests with the party protesting the corporation’s action.
 2403  In a competitive-procurement protest, other than a rejection of
 2404  all bids, proposals, or replies, the administrative law judge
 2405  must conduct a de novo proceeding to determine whether the
 2406  corporation’s proposed action is contrary to the corporation’s
 2407  governing statutes, the corporation’s rules or policies, or the
 2408  solicitation specifications. The standard of proof for the
 2409  proceeding is whether the corporation’s action was clearly
 2410  erroneous, contrary to competition, arbitrary, or capricious. In
 2411  any bid-protest proceeding contesting an intended corporation
 2412  action to reject all bids, proposals, or replies, the standard
 2413  of review by the board is whether the corporation’s intended
 2414  action is illegal, arbitrary, dishonest, or fraudulent.
 2415  d. Failure to file a notice of protest or failure to file a
 2416  formal written protest constitutes a waiver of proceedings.
 2417  3. The agency head or his or her designee shall consider
 2418  the recommended order of an administrative law judge and take
 2419  final action on the protest. Any further legal remedy lies with
 2420  the First District Court of Appeal.
 2421  Section 75. Paragraph (k) of subsection (1) of section
 2422  1001.216, Florida Statutes, is amended to read:
 2423  1001.216 Council on the Social Status of Black Men and
 2424  Boys.—
 2425  (1) The Council on the Social Status of Black Men and Boys
 2426  is established within Florida Memorial University and shall be
 2427  composed of 19 members appointed as follows:
 2428  (k) A businessperson who is an African American, [as defined]
 2429  [in s. 760.80(2)(a),] appointed by the Governor.
 2430  Section 76. Paragraph (b) of subsection (1) of section
 2431  1007.27, Florida Statutes, is amended to read:
 2432  1007.27 Articulated acceleration mechanisms.—
 2433  (1)
 2434  (b) The State Board of Education and the Board of Governors
 2435  shall identify Florida College System institutions, state
 2436  universities, and national consortia to develop courses that
 2437  align with s. 1007.25 for students in secondary education [and]
 2438  [provide the training required under s. 1007.35(6)].
 2439  Section 77. Subsection (1) of section 1008.23, Florida
 2440  Statutes, is amended to read:
 2441  1008.23 Confidentiality of assessment instruments.—
 2442  (1) All examination and assessment instruments, including
 2443  developmental materials and workpapers directly related thereto,
 2444  which are prepared, prescribed, or administered pursuant to ss.
 2445  1002.69, 1003.52, 1003.56, 1007.25, [1007.35,] 1008.22, 1008.25,
 2446  and 1012.56 shall be confidential and exempt from s. 119.07(1)
 2447  and s. 24(a), Art. I of the State Constitution. Provisions
 2448  governing access, maintenance, and destruction of such
 2449  instruments and related materials shall be prescribed by rules
 2450  of the State Board of Education.
 2451  Section 78. Subsection (1) of section 1008.24, Florida
 2452  Statutes, is amended to read:
 2453  1008.24 Test administration and security; public records
 2454  exemption.—
 2455  (1) A person may not knowingly and willfully violate test
 2456  security rules adopted by the State Board of Education for
 2457  mandatory tests administered by or through the State Board of
 2458  Education or the Commissioner of Education to students,
 2459  educators, or applicants for certification or administered by
 2460  school districts pursuant to ss. 1002.69, 1003.52, 1003.56,
 2461  1007.25, [1007.35,] 1008.22, 1008.25, and 1012.56, or, with
 2462  respect to any such test, knowingly and willfully to:
 2463  (a) Give examinees access to test questions prior to
 2464  testing;
 2465  (b) Copy, reproduce, or use in any manner inconsistent with
 2466  test security rules all or any portion of any secure test
 2467  booklet;
 2468  (c) Coach examinees during testing or alter or interfere
 2469  with examinees’ responses in any way;
 2470  (d) Make answer keys available to examinees;
 2471  (e) Fail to follow security rules for distribution and
 2472  return of secure test as directed, or fail to account for all
 2473  secure test materials before, during, and after testing;
 2474  (f) Fail to follow test administration directions specified
 2475  in the test administration manuals; or
 2476  (g) Participate in, direct, aid, counsel, assist in, or
 2477  encourage any of the acts prohibited in this section.
 2478  Section 79. For the purpose of incorporating the amendment
 2479  made by this act to section 110.112, Florida Statutes, in a
 2480  reference thereto, subsection (4) of section 311.07, Florida
 2481  Statutes, is reenacted to read:
 2482  311.07 Florida seaport transportation and economic
 2483  development funding.—
 2484  (4) Any port which receives funding under the program shall
 2485  institute procedures to ensure that jobs created as a result of
 2486  the state funding shall be subject to equal opportunity hiring
 2487  practices in the manner provided in s. 110.112.
 2488  Section 80. This act shall take effect July 1, 2026.