60A-9.001. Definitions

(1) “Department” means the Department of Management Services.

(2) “Secretary” means the Secretary of the Department of Management Services.

(3) “Division” means the Division of Purchasing of the Department of Management Services.

(4) “Office” means the Office of Supplier Diversity of the Department of Management Services.

(5) “Domicile” means the state in which the business has its principal place of business, and as it relates to corporations also means the state under whose laws the corporation was formed.

(6) “Minority” means a lawful, permanent resident of the State of Florida who is:

(a) African American: a person having origins in any of the black racial groups of the African Diaspora.

(b) Hispanic American: a person of Spanish or Portuguese culture with origins in Spain, Portugal, Mexico, South America, Central America or the Caribbean Islands, regardless of race.

(c) Asian American: a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands. “Far East” is defined to include China, Hong Kong, Macao, Japan, Korea, Taiwan and the Philippines. “Southeast Asia” is defined to include Burma, Kampuchea, Laos, Thailand, Vietnam, Malaysia, Brunei, Borneo, Indonesia and Cambodia. “Indian Subcontinent” is defined to include India, Bangladesh, Sikkim, Nepal, Pakistan and Bhutan. “Pacific Islands” is defined to include Micronesia, Polynesia, Melanesia, and the area consisting of the Hawaiian Islands prior to 1778.

(d) Native American: a person who has origins in any of the Indian Tribes prior to 1835.

(e) American woman.

(7) “Small business” is as defined in Section 288.703(1), F.S.

(8) “Minority Business Enterprise” (MBE) is as defined in Section 288.703(2), F.S.

(9) “Origins” means the minority owner’s racial or cultural and geographic derivations, as substantiated by at least one grandparent’s birth, and who can demonstrate that he or she has been subjected historically to disparate treatment due to identification in and with that racial or cultural and geographic group thus resulting in underrepresentation of commercial enterprises.

(10) “Independently operated” means not dependent on the support, influence, guidance, control or not subject to restriction, modification or limitation from a non-minority, except for customary business auxiliary services, e.g., legal, banking, etc.

(11) “Regular dealer” means a firm that owns, operates or maintains a store, warehouse or other establishment in which the material or supplies required for the performance of the contract are bought, kept in stock and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business and in its own name, the purchase and sale of products as defined in Section 287.0943(1)(e)3., F.S. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products, does not need to keep such products in stock, if the dealer owns or operates the appropriate distribution facility and/or equipment, either of which shall be used by the business as its primary means to provide and deliver products to customers.

(12) “Sole proprietorship” means a business concern owned by one minority person as defined in Section 288.703(3), F.S.

(13) “Industry” means one of the categories for which a certified minority business goal has been established in Section 287.09451(4)(n), F.S.

(14) “Permanent resident” means a resident whose true, fixed and permanent home and principal establishment is within the State of Florida, who has lived in the State of Florida for at least six (6) months out of the last twelve (12) months and who does not routinely and habitually establish occupancy in a personally owned, mortgaged or leased residence outside of Florida.

(15) “Control” means to direct with primacy or cause the direction of all phases of the management and daily operations of the business, including, but not limited to, standard management practices and principles such as policy development, establishment of personnel reporting lines and operational procedures, problem solving, etc.

(16) “Family member” means any person who is a spouse, parent, step-parent, grandparent, step-grandparent, child, step-child, grandchild, step-grandchild, sibling, half-brother, half-sister, step-brother, step-sister, including adopted persons and those persons who are married to family members.

(17) A “federally recognized Indian Tribe” means an Indian Tribe, Band, Nation, Rancheria, Pueblo, Colony or other organized group or community, including any Alaska Native Village, which is recognized by the Secretary of Interior as having special rights and is recognized as eligible for the services provided by the United States to Indians because of their status as Indians.

(18) “Bureau” means the Bureau of Indian Affairs, U.S. Department of Interior.

(19) “Independently owned” means not owned wholly or in part by any other entity.

(20) “Non-minority” means any person who does not meet the eligibility requirements of a minority person related to ethnicity, race or gender; permanent Florida residency; or origins as defined in Section 288.703(3), F.S.

(21) “Non-minority business” means any business that cannot or does not meet any one of the certification criteria set forth in Rule 60A-9.005, F.A.C.

(22) “Specialties” means the actual services or commodities which the applicant business provides specifically to the State of Florida for purposes of meeting state governmental procurement and contractual needs. Needs are evidenced by class titles and groups as provided in the Commodity and Contractual Services Catalogs of the Division.

(23) “Professional qualifier” means the individual to whom a license has been issued as required by the State of Florida, local governments or any other licensing entity in order for that individual and his/her business to provide goods or services to the public.

Rulemaking Authority 120.53, 287.09451, 288.703 FS. Law Implemented 287.0943(7), 288.703 FS. History–New 9-11-96, Formerly 38A-20.001.