Florida Senate - 2013                                    SB 1452
       
       
       
       By Senator Braynon
       
       
       
       
       36-00631-13                                           20131452__
    1                        A bill to be entitled                      
    2         An act relating to supplier diversity; providing that
    3         the purpose of the act is to encourage greater
    4         economic opportunity for businesses controlled and
    5         operated by women, minorities, and disabled veterans;
    6         providing definitions; authorizing the Public Service
    7         Commission to require certain regulated corporations
    8         to submit a plan for increasing procurement from
    9         businesses controlled and operated by women,
   10         minorities, and disabled veterans; providing criteria
   11         for procurement programs; authorizing the commission
   12         to establish guidelines for procurement programs;
   13         requiring certain regulated corporations to report
   14         annually to the commission on the implementation of
   15         procurement programs; requiring the commission to
   16         annually report certain information to the
   17         Legislature; encouraging certain corporations to
   18         voluntarily adopt such plans; authorizing the
   19         commission to adopt rules to determine and verify the
   20         eligibility for participation in the procurement
   21         program; requiring that affected regulated
   22         corporations implement an outreach program; providing
   23         penalties for a person or corporation that falsely
   24         represents a business being controlled or operated by
   25         women, minorities, or disabled veterans; providing
   26         that a corporation may take certain measures to
   27         facilitate the participation of businesses controlled
   28         and operated by women, minorities, or disabled
   29         veterans; providing an effective date.
   30  
   31         WHEREAS, the opportunity for full participation in our free
   32  enterprise system by businesses controlled and operated by
   33  women, minorities, and disabled veterans is essential if this
   34  state is to attain economic equality for those businesses and
   35  improve the functioning of the entire state economy, and
   36         WHEREAS, public agencies and some regulated utilities that
   37  have established short- and long-range goals for contracting
   38  with businesses controlled and operated by women, minorities,
   39  and disabled veterans are awarding 30 percent or more of their
   40  contracts to these business enterprises, and
   41         WHEREAS, businesses controlled and operated by women,
   42  minorities, and disabled veterans have traditionally received
   43  less than a proportionate share of regulated public utility
   44  procurement contracts, especially in renewable energy, wireless
   45  telecommunications, broadband, and smart grid projects, and
   46         WHEREAS, it is in the state’s interest to expeditiously
   47  improve the economic climate for businesses controlled and
   48  operated by women, minorities, and disabled veterans, and
   49         WHEREAS, the position of these businesses can be
   50  substantially improved by providing long-range, substantial
   51  goals for procurement by regulated public utilities of
   52  technology, equipment, supplies, services, materials, and
   53  construction work, especially in renewable energy, wireless
   54  telecommunications, broadband, and smart grid projects from
   55  businesses controlled and operated by women, minorities, and
   56  disabled veterans, and
   57         WHEREAS, this initiative also benefits the regulated public
   58  utilities and consumers of this state by encouraging the
   59  expansion of the number of suppliers, thereby encouraging
   60  competition and promoting economic efficiency in the process,
   61  and
   62         WHEREAS, the long-term economic viability of this state
   63  depends substantially upon the ability of renewable energy,
   64  wireless telecommunications, broadband, and smart grid projects
   65  to involve businesses controlled and operated by women,
   66  minorities, and disabled veterans in the procurement process,
   67  NOW, THEREFORE,
   68  
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. It is the purpose of this act to:
   72         (1) Encourage greater economic opportunity for businesses
   73  controlled and operated by women, minorities, and disabled
   74  veterans.
   75         (2) Promote competition among the suppliers of a regulated
   76  public utility in order to enhance economic efficiency in the
   77  procurement of contracts with regulated companies and with the
   78  subsidiaries of regulated companies which are regulated by the
   79  Public Service Commission.
   80         (3) Provide direction to and expand programs for the
   81  procurement by regulated public utilities of technology,
   82  equipment, supplies, services, materials, and construction work
   83  from businesses controlled and operated by women, minorities,
   84  and disabled veterans.
   85         Section 2. Supplier Diversity.—
   86         (1) For the purposes of this section, the term:
   87         (a) “Commission” means the Florida Public Service
   88  Commission.
   89         (b) “Control” means exercising the power to make policy
   90  decisions.
   91         (c) Disabled-veteran business enterprise” means an
   92  independently owned and operated business that:
   93         1. Employs 200 or fewer permanent full-time employees;
   94         2. Together with its affiliates has a net worth of $5
   95  million or less, or, if a sole proprietorship, has a net worth
   96  of $5 million or less including both personal and business
   97  investments;
   98         3. Is organized to engage in commercial transactions;
   99         4. Is domiciled in this state;
  100         5. Is at least 51 percent owned by one or more permanent
  101  Florida residents who have a service-connected disability as
  102  determined by the United States Department of Veteran Affairs or
  103  who have been terminated from military service by reason of
  104  disability by the United States Department of Defense; and
  105         6. Is controlled and operated by one or more service
  106  disabled veterans or, for a service-disabled veteran having a
  107  permanent or total disability, by the spouse or permanent
  108  caregiver of the veteran.
  109         (d) “Minority business enterprise” means a business
  110  enterprise that is at least 51 percent owned by a minority group
  111  or groups. In the case of a publicly owned business, at least 51
  112  percent of the stock must be owned by one or more minority
  113  groups. The management and daily business operations of the
  114  minority business enterprise must be controlled by one or more
  115  minority individuals. The term “minority includes black
  116  Americans, Hispanic-Americans, Native Americans, and Asian
  117  Pacific-Americans.
  118         (e) Operate” means active involvement in day-to-day
  119  management.
  120         (f) “Regulated company” means a public utility as defined
  121  in s. 366.02 or any person holding a valid and current
  122  certificate from the commission under chapter 351, chapter 364,
  123  chapter 365, or chapter 367 and that has gross annual revenues
  124  exceeding $25 million.
  125         (g) “Woman business enterprise” means a business enterprise
  126  that is at least 51 percent owned by a woman or women. In the
  127  case of a publicly owned business, at least 51 percent of the
  128  stock must be owned by one or more women. The management and
  129  daily business operations of the woman business enterprise must
  130  be controlled by one or more women.
  131         (2)(a)The commission shall require each regulated company
  132  to submit annually, a detailed and verifiable plan for
  133  increasing procurement from woman, minority, and disabled
  134  veteran business enterprises in all categories, including, but
  135  not limited to, renewable energy and smart grid projects.
  136         (b) These annual plans must include short- and long-term
  137  goals and timetables and methods for encouraging both prime
  138  contractors and grantees to engage woman, minority, and
  139  disabled-veteran business enterprises in subcontracts in all
  140  categories that provide subcontracting opportunities, including,
  141  but not limited to, renewable energy and smart grid projects. An
  142  annual plan may not include quotas.
  143         (c) The commission shall establish guidelines for each
  144  regulated company and its commission-regulated subsidiaries and
  145  affiliates to use in establishing programs pursuant to this
  146  section.
  147         (d) Each regulated company shall furnish an annual report
  148  to the commission regarding the implementation of programs
  149  established pursuant to this section in a form and at a time
  150  annually determined by the commission.
  151         (e)1. The commission shall provide a report to the
  152  President of the Senate and the Speaker of the House of
  153  Representatives on September 1 of each year, on the progress of
  154  activities undertaken pursuant to this section by each regulated
  155  company and its commission-regulated subsidiaries and
  156  affiliates. The report shall include information on procurement
  157  contracts made by woman, minority, and disabled-veteran business
  158  enterprises as compared to at least a majority of the workforces
  159  in the state, to the extent that such information is readily
  160  accessible. The commission shall recommend a plan to implement
  161  this section, together with legislative recommendations it deems
  162  necessary or desirable to further this policy. The commission
  163  shall also make the report available on its Internet website.
  164         2. With regard to disabled-veteran business enterprises,
  165  the commission shall ensure that the programs and legislation
  166  recommended pursuant to subparagraph 1. are consistent with
  167  those of a veteran business enterprise certified under s.
  168  295.187, Florida Statutes.
  169         (f)1. The Legislature declares that each electrical, gas,
  170  water and wastewater, wireless, and telephone corporation that
  171  is not required to submit a plan pursuant to paragraph (a) is
  172  encouraged to voluntarily adopt a plan for increasing woman,
  173  minority, and disabled-veteran business enterprise procurement
  174  in all categories.
  175         2. The Legislature declares that each cable television
  176  corporation and direct broadcast satellite provider is
  177  encouraged to voluntarily adopt a plan for increasing woman,
  178  minority, and disabled-veteran business enterprise procurement
  179  and to voluntarily report activity in this area to the
  180  Legislature on an annual basis.
  181         (3)(a) The commission may adopt rules for verifying and
  182  determining the eligibility of woman, minority, and disabled-
  183  veteran business enterprises for procurement contracts.
  184         (b) The commission shall develop and require each regulated
  185  company and its commission-regulated subsidiaries and affiliates
  186  to implement an outreach program to inform and recruit woman,
  187  minority, and disabled-veteran business enterprises to apply for
  188  procurement contracts under this section.
  189         (4) A person, including a corporation through its
  190  directors, officers, or agents, that falsely represents a
  191  business as a woman, minority, or disabled-veteran business
  192  enterprise in the procurement of, or the attempt to procure,
  193  contracts from a regulated company or a commission-regulated
  194  subsidiary or affiliate, commits a misdemeanor of the first
  195  degree, punishable as provided in s. 775.082, Florida Statutes,
  196  or s. 775.083, Florida Statutes. In the case of a corporation,
  197  the fine or imprisonment, or both, shall be imposed on each
  198  director, officer, or agent responsible for the false statement.
  199         (5)(a) In order to promote the inclusion and participation
  200  of businesses controlled and operated by women, minorities, and
  201  disabled veterans in contract procurement, a corporation may
  202  consider implementing the following measures in each phase of
  203  its contracting:
  204         1. Timely or progressive payments to woman, minority, or
  205  disabled-veteran business enterprises.
  206         2. An amendment of the performance bond requirements to
  207  ensure that they do not prohibitively burden these businesses
  208  from participating.
  209         3. The provision of assistance to these businesses by
  210  securing contract payments with letters of credit, negotiable
  211  securities, or other financing arrangements or measures.
  212         (b) This section does not restrict a corporation’s ability
  213  to require a bond.
  214         Section 3. This act shall take effect July 1, 2013.