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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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on General Government Appropriations offered the

12  following:

13

14         Substitute to Amendment (01323-sa -240273) (with title

15  amendment) 

16         On page 1 line 17 through page 7, line 12,

17  remove:  all of said lines

18

19  and insert:

20         Section 1.  Section 288.706, Florida Statutes, is

21  created to read:

22         288.706  Florida Minority Business Loan Mobilization

23  Program.--

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

25  of the public welfare to meaningfully assist minority business

26  enterprises that are vital to the overall economy of the

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

28  diversity in state contracting by eliminating barriers to

29  minority business enterprises providing goods and services to

30  the state.  Finally, the Legislature recognizes the

31  contribution of minority business enterprises to employment

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

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





  1  opportunities in this state.

  2         (2)  The Florida Minority Business Loan Mobilization

  3  Program is created to promote the development of minority

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

  5  the ability of minority business enterprises to compete for

  6  state contracts; and to sustain the economic growth of

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

  8  program is to assist minority business enterprises by

  9  facilitating working capital loans to minority business

10  enterprises that are vendors on state agency contracts. The

11  Department of Management Services shall administer the

12  program.

13         (3)  Notwithstanding ss. 215.422(14) and 216.181(16),

14  under the Florida Minority Business Loan Mobilization Program

15  a state agency is authorized to disburse, as provided in

16  subsection (5), as necessary, up to 10 percent of the base

17  contract award amount to a minority business enterprise vendor

18  as a retainer, to be applied by that vendor toward the

19  completion of the basic services portion of the contract.

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

21  Florida Minority Business Loan Mobilization Program, a

22  minority business enterprise vendor awarded a state agency

23  contract for the performance of professional services may

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

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

26  award such advance in order to facilitate the performance of

27  that contract.

28         (5)  The following Florida Minority Business Loan

29  Mobilization Program procedures apply to minority business

30  enterprise vendors on contracts awarded by a state agency for

31  construction or professional services or for the provision of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

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





  1  goods and services:

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

  3  subcontract, a minority business enterprise vendor may seek to

  4  obtain working capital financing from a participating

  5  financial institution approved by the Department of Management

  6  Services.  The minority business enterprise vendor shall

  7  complete all the necessary requirements of the participating

  8  financial institution in order to obtain a working capital

  9  agreement.  A minority business enterprise vendor shall only

10  be entitled to participate in the program if a working capital

11  agreement is established with an approved participating

12  financial institution.

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

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

15  than 200 percent of the designated loan mobilization payment

16  described in paragraph (c).

17         (c)  The designated loan mobilization payment is that

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

19  agency under this section.  The actual amount of the

20  designated loan mobilization payment shall be no less than

21  $5,000 and no greater than $250,000.  The amount of the

22  designated loan mobilization payment shall be:

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

24  of the base contract amount between the prime minority

25  business enterprise contract vendor and the contracting state

26  agency; or

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

28  of the contract amount between a subcontract minority business

29  enterprise vendor and a minority business enterprise or

30  non-minority business enterprise in prime contract vendor.

31         (d)  The contracting agency shall disburse the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

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





  1  designated loan mobilization payment payable to the minority

  2  business enterprise vendor and financial institution using the

  3  tax identification number of the minority business enterprise

  4  vendor.

  5         (e)  Disbursement of designated loan mobilization

  6  payment shall be made when:

  7         1.  Notwithstanding ss. 215.422(14) and 216.181(16),

  8  the minority business enterprise prime contract vendor

  9  requests disbursement of the designated loan mobilization

10  payment in the first application for payment or, in the case

11  of contracts other than construction contracts, by letter

12  delivered to the contracting state agency after the execution

13  of the contract but prior to the date of commencement of the

14  work.  The designated loan mobilization payment shall be made

15  payable to the minority business enterprise vendor and the

16  financial institution using the tax identification number of

17  the minority business enterprise vendor and shall be disbursed

18  pursuant to the working capital agreement and this subsection.

19         a.  For construction contracts, the disbursement of the

20  designated loan mobilization payment shall occur following the

21  issuance of a notice to proceed from the contracting state

22  agency and after the state agency's approval of vendor's

23  initial application for payment.

24         b.  For contracts other than construction contracts,

25  the disbursement of the designated loan mobilization payment

26  shall occur after the contracting state agency's approval of

27  the minority business enterprise vendor's letter of request

28  for the designated loan mobilization payment.

29         c.  Notwithstanding ss. 215.422(14) and 216(16), the

30  designated loan mobilization payment may be paid by the

31  contracting state agency prior to the commencement of work.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

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





  1  In order to ensure that the contract time provision that

  2  provide assurance of timely completion do not commence until

  3  the minority business enterprise vendor has adequate working

  4  capital, the contract documents may provide that the contract

  5  shall commence at such time as the contracting state agency

  6  releases the designated loan mobilization payment to the

  7  minority business enterprise prime contract vendor and

  8  participating financial institution pursuant to the working

  9  capital agreement.

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

11  subparagraph, is limited to subcontractors and suppliers to

12  prime contractors only.

13         a.  Prior to the release of a designated loan

14  mobilization payment to the prime contract vendor on behalf of

15  the subcontract minority business enterprise vendor, the

16  subcontract minority business enterprise vendor and prime

17  contract vendor shall submit to the state agency which is

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

19  payment of funds which also indicated that the prime

20  contractor is on notice of the request.  The prime contract

21  vendor shall pay to the subcontract minority business

22  enterprise vendor the designated loan mobilization payment

23  within 10 working days of receipt of the funds from the state

24  agency.

25         b.  No prime contractor shall retain more than 5

26  percent of the amount earned by a subcontract minority

27  business enterprise vendor participating in this program.  If

28  the prime contract vendor is also participating in this

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

30  to the provisions governing prime contract vendors.

31         (6)  All prime contractors shall be required to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

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





  1  incorporate the designated loan mobilization payment

  2  procedures in subcontract agreements or purchase orders with

  3  minority business enterprise vendors participating in this

  4  program and cooperate in the release of designated loan

  5  mobilization payments to achieve the objective of providing

  6  working capital for subcontract minority business enterprise

  7  vendors.

  8         (7)  The contracting state agency shall encourage prime

  9  contractors to make weekly or biweekly payments to subcontract

10  minority business enterprise vendors participating in this

11  program.

12         (8)  The contracting state agency shall monitor

13  compliance with this section.  Nothing contained in this

14  section shall be construed to limit the contracting state

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

16  requirements of the contract documents.

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

18  to a working capital agreement between a participating

19  financial institution and a participating minority business

20  enterprise vendor.  The participating financial institution

21  shall notify the contracting state agency head of vendor

22  program applications received by such institution.

23         (10)  The Department of Management Services may adopt

24  rules to implement the provisions of this section.

25         (11)  The Department of Management Services shall

26  maintain a listing of financial institutions willing to

27  participate in the Florida Minority Business Loan Program.

28         This list of financial institutions shall not be

29  exclusive.  A minority business enterprise vendor who has a

30  working relationship with a financial institution is

31  encouraged to request that the financial institution apply to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

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





  1  participate as a financial institution for the program.

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

  3

  4

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

  6  And the title is amended as follows:

  7         On page 7, line 21, through page 8, line 12, of the

  8  amendment

  9  remove:  all of said lines

10

11  and insert:

12         An act relating to the Florida Minority

13         Business Loan Mobilization Program; creating s.

14         288.706, F.S.; providing legislative findings

15         and intent; creating the Florida Minority

16         Business Loan Mobilization Program for certain

17         purposes; providing for program administration

18         by the Department of Management Services;

19         authorizing state agencies to expend a certain

20         amount of a contract award to minority business

21         enterprises for certain purposes; authorizing

22         professional services vendors to apply for a

23         direct retainer from agencies of a percentage

24         of a base contract amount; specifying

25         procedures for certain minority business

26         enterprise performance contracts; providing for

27         working capital agreements and lines of credit;

28         providing requirements and limitations;

29         providing requirements for prime contractors;

30         providing agency requirements; authorizing the

31         Department of Management Services to adopt

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1323

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





  1         rules; authorizing the Department of Management

  2         Services to maintain a listing of participating

  3         financial institutions; providing an effective

  4         date.

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