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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on State Administration offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 288.706, Florida Statutes, is

18  created to read:

19         288.706  Florida Minority Business Loan Mobilization

20  Program.--

21         (1)  The Legislature finds that it is in the interest

22  of the public welfare to meaningfully assist minority business

23  enterprises that are vital to the overall economy of the

24  state. It is the intent of the Legislature to promote

25  diversity in state contracting by eliminating barriers to

26  minority business enterprises providing goods and services to

27  the state.  Finally, the Legislature recognizes the

28  contribution of minority business enterprises to employment

29  opportunities in this state.

30         (2)  The Florida Minority Business Loan Mobilization

31  Program is created to promote the development of minority

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

    Amendment No. ___ (for drafter's use only)





  1  business enterprises, as defined in s. 288.703(2); to increase

  2  the ability of minority business enterprises to compete for

  3  state contracts; and to sustain the economic growth of

  4  minority business enterprises, in this state.  The goal of the

  5  program is to assist minority business enterprises by

  6  facilitating working capital loans to minority business

  7  enterprises that are vendors on state agency contracts. The

  8  Department of Management Services shall administer the

  9  program.

10         (3)  Under the Florida Minority Business Loan

11  Mobilization Program a state agency is authorized to disburse,

12  as necessary, up to 10 percent of the base contract award

13  amount to a minority business enterprise vendor as a retainer,

14  to be applied by that vendor toward the completion of the

15  basic services portion of the contract.  This retainer may be

16  awarded to a minority business enterprise vendor who has a

17  state agency contract to perform construction or professional

18  services or to provide goods and services.  Professional

19  services include, but are not limited to, architectural,

20  engineering, information technology, legal, or accounting

21  services.

22         (4)  In lieu of applying for participation in the

23  Florida Minority Business Loan Mobilization Program, a

24  minority business enterprise vendor awarded a state agency

25  contract for the performance of professional services may

26  apply with that contracting state agency for up to 5 percent

27  of the base contract award.  The contracting state agency may

28  award such advance in order to facilitate the performance of

29  that contract.

30         (5)  The following Florida Minority Business Loan

31  Mobilization Program procedures apply to minority business

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

    Amendment No. ___ (for drafter's use only)





  1  enterprise vendors on contracts awarded by a state agency for

  2  construction or professional services or for the provision of

  3  goods and services:

  4         (a)  Upon receipt of an award of a prime contract or

  5  subcontract, a minority business enterprise vendor may seek to

  6  obtain working capital financing from a participating lending

  7  institution approved by the Department of Management Services.

  8  The minority business enterprise vendor shall complete all the

  9  necessary requirements of the participating lending

10  institution in order to obtain a working capital agreement.  A

11  minority business enterprise vendor shall only be entitled to

12  participate in the program if a working capital agreement is

13  established with an approved participating lending

14  institution.

15         (b)  The working capital agreement may provide for a

16  line of credit that is no less than 125 percent and no more

17  than 200 percent of the designated loan mobilization payment

18  described in paragraph (c).

19         (c)  The designated loan mobilization payment is that

20  portion of the contact award that is to be disbursed by the

21  agency under this section.  The actual amount of the

22  designated loan mobilization payment shall be no less than

23  $5,000 and no greater than $250,000.  The amount of the

24  designated loan mobilization payment shall be:

25         1.  No less than 5 percent and no more than 10 percent

26  of the base contract amount between the prime minority

27  business enterprise contract vendor and the contracting state

28  agency; or

29         2.  No less than 5 percent and no more than 10 percent

30  of the contract amount between a subcontract minority business

31  enterprise vendor and a minority business enterprise or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

    Amendment No. ___ (for drafter's use only)





  1  non-minority business enterprise in prime contract vendor.

  2         (d)  The contracting agency shall disburse the

  3  designated loan mobilization payment directly to the lending

  4  institution on behalf of the minority business enterprise

  5  vendor.  The designated loan mobilization payment shall be

  6  pledged as collateral by the minority business enterprise

  7  vendor for the working capital agreement.  Upon disbursement,

  8  the state agency retains no interest in the designated loan

  9  mobilization payment.

10         (e)  Disbursement of designated loan mobilization

11  payment shall be made when:

12         1.  The minority business enterprise prime contract

13  vendor requests disbursement of the designated loan

14  mobilization payment in the first application for payment or,

15  in the case of contracts other than construction contracts, by

16  letter delivered to the contracting state agency after the

17  award of the contract but prior to the date of commencement of

18  the contract. Such application or letter shall be accompanied

19  by a working capital agreement with a participating lending

20  institution. The designated loan mobilization payment shall be

21  disbursed pursuant to the working capital agreement and this

22  subsection.

23         a.  For construction contracts, the disbursement of the

24  designated loan mobilization payment shall occur following the

25  issuance of a notice to proceed from the contracting state

26  agency and within 10 working days after that state agency's

27  approval of the vendor's initial application for payment.

28         b.  For contracts other than construction contracts,

29  the disbursement of the designated loan mobilization payment

30  shall occur within 10 days after the contracting state

31  agency's approval of the minority business enterprise vendor's

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

    Amendment No. ___ (for drafter's use only)





  1  letter of request for the designated loan mobilization

  2  payment.

  3         c.  The designated loan mobilization payment may be

  4  paid by the contracting state agency prior to the commencement

  5  of work.  In order to ensure that the contract time contract

  6  provisions that provide assurance of timely completion do not

  7  commence until the minority business enterprise vendor has

  8  adequate working capital, the contract documents may provide

  9  that the contract shall commence at such time as the

10  contracting state agency releases the designated loan

11  mobilization payment to the participating lending institution

12  pursuant to the working capital agreement.

13         2.  The term "subcontract vendor," as used in this

14  subparagraph, is limited to subcontractors and suppliers to

15  prime contractors only.

16         a.  Prior to the release of a designated loan

17  mobilization payment to the subcontract minority business

18  enterprise vendor, that subcontract minority business

19  enterprise vendor shall submit to the state agency which is

20  party to the prime contract a letter of request for the

21  payment of the funds which also indicates that the prime

22  contractor is on notice of the request. That letter shall be

23  accompanied by a working capital agreement conditioned only by

24  the award of the contract to the minority business enterprise

25  vendor.

26         b.  No prime contractor shall retain more than 5

27  percent of the amount earned by a subcontract minority

28  business enterprise vendor participating in this program.  If

29  the prime contract vendor is also participating in this

30  program, the amount the prime vendor retains shall be subject

31  to the provisions governing prime contract vendors.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

    Amendment No. ___ (for drafter's use only)





  1         (6)  All prime contractors shall be required to

  2  incorporate the designated loan mobilization payment

  3  procedures in subcontract agreements or purchase orders with

  4  minority business enterprise vendors participating in this

  5  program and cooperate in the release of designated loan

  6  mobilization payments to achieve the objective of providing

  7  working capital for subcontract minority business enterprise

  8  vendors.

  9         (7)  The contracting state agency shall encourage prime

10  contractors to make weekly or biweekly payments to subcontract

11  minority business enterprise vendors participating in this

12  program.

13         (8)  The contracting state agency shall monitor

14  compliance with this section.  Nothing contained in this

15  section shall be construed to limit the contracting state

16  agency's right to insist upon strict compliance with the

17  requirements of the contract documents.

18         (9)  The contracting state agency shall not be a party

19  to a working capital agreement between a participating lending

20  institution and a participating minority business enterprise

21  vendor.  The participating lending institution shall notify

22  the contracting state agency head of vendor program

23  applications received by such institution.

24         (10)  Nothing contained in this section shall prevent

25  the contracting state agency from consenting to a disbursement

26  procedure in which a minority business enterprise vendor

27  agrees to an assignment of contract proceeds in order to

28  procure a line of credit.  Participation in the Florida

29  Minority Business Loan Mobilization Program does not prohibit

30  any such agreement.

31         (11)  The Department of Management Services may adopt

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

    Amendment No. ___ (for drafter's use only)





  1  rules to implement the provisions of this section.

  2         (a)  The Department of Management Services may adopt

  3  rules to establish criteria for lending institutions to

  4  participate in the Florida Minority Business Loan Program.

  5  Such criteria shall ensure that the lending institution is

  6  operating in a safe and sound manner.

  7         This list of approved lending institutions shall not be

  8  exclusive.  A minority business enterprise vendor who has a

  9  working relationship with a lending institution is encouraged

10  to request that the lending institution apply to participate

11  as a lending institution for the program.

12         Section 2.  This act shall take effect October 1, 2002.

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14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, lines 1 through 24,

18  remove:  all of said lines

19

20  and insert:

21         An act relating to the Florida Minority

22         Business Loan Mobilization Program; creating s.

23         288.706, F.S.; providing legislative findings

24         and intent; creating the Florida Minority

25         Business Loan Mobilization Program for certain

26         purposes; providing for program administration

27         by the Department of Management Services;

28         authorizing state agencies to expend a certain

29         amount of a contract award to minority business

30         enterprises for certain purposes; authorizing

31         professional services vendors to apply for a

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

    Amendment No. ___ (for drafter's use only)





  1         direct retainer from agencies of a percentage

  2         of a base contract amount; specifying

  3         procedures for certain minority business

  4         enterprise performance contracts; providing for

  5         working capital agreements and lines of credit;

  6         providing requirements and limitations;

  7         providing requirements for prime contractors;

  8         providing agency requirements; providing for

  9         alternative agency disbursement procedures;

10         authorizing the Department of Management

11         Services to adopt rules; providing an effective

12         date.

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