Senate Bill sb2290

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    Florida Senate - 2002                                  SB 2290

    By Senator Klein





    28-1325-02

  1                      A bill to be entitled

  2         An act relating to self-employment assistance;

  3         providing a short title; amending s. 216.136,

  4         F.S.; requiring the Workforce Estimating

  5         Conference to develop certain estimates;

  6         creating s. 288.9619, F.S.; defining terms;

  7         requiring Enterprise Florida, Inc., to

  8         establish a Self-Employment-Assistance Loan

  9         Program; providing for business start-up loans

10         to eligible borrowers; providing requirements

11         for loan eligibility and repayment; authorizing

12         a fee; establishing a loan account and

13         requirements for use of the account; requiring

14         the adoption of guidelines and procedures;

15         providing for oversight by the Office of

16         Tourism, Trade, and Economic Development;

17         requiring a status report; providing for

18         expiration; amending s. 443.111, F.S.; defining

19         terms; creating a self-employment assistance

20         program within the Agency for Workforce

21         Innovation; providing eligibility requirements;

22         authorizing payment of

23         self-employment-assistance allowance in lieu of

24         regular unemployment compensation to eligible

25         individuals; requiring participants to attend

26         certain training and counseling programs;

27         requiring participants to establish a business

28         and become self-employed; exempting

29         participants from certain requirements

30         applicable for regular benefits; providing

31         disqualification requirements; specifying

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  1         payment and financing of allowances; requiring

  2         establishment of a profiling system; providing

  3         for training and counseling programs; providing

  4         participation limits; providing for rules;

  5         requiring reports; providing for resolution of

  6         conflict with federal requirements; providing

  7         for expiration; providing an appropriation;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  This act may be cited as the "Florida

13  Self-Employment and Enterprise Development Act."

14         Section 2.  Paragraph (a) of subsection (9) of section

15  216.136, Florida Statutes, is amended to read:

16         216.136  Consensus estimating conferences; duties and

17  principals.--

18         (9)  WORKFORCE ESTIMATING CONFERENCE.--

19         (a)  Duties.--

20         1.  The Workforce Estimating Conference shall develop

21  such official information on the workforce development system

22  planning process as it relates to the personnel needs of

23  current, new, and emerging industries as the conference

24  determines is needed by the state planning and budgeting

25  system. Such information, using quantitative and qualitative

26  research methods, must include at least:  short-term and

27  long-term forecasts of employment demand for jobs by

28  occupation and industry; entry and average wage forecasts

29  among those occupations; and estimates of the supply of

30  trained and qualified individuals available or potentially

31  available for employment in those occupations, with special

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  1  focus upon those occupations and industries which require high

  2  skills and have high entry wages and experienced wage levels.

  3  In the development of workforce estimates, the conference

  4  shall use, to the fullest extent possible, local occupational

  5  and workforce forecasts and estimates.

  6         2.  The Workforce Estimating Conference shall review

  7  data concerning the local and regional demands for short-term

  8  and long-term employment in High-Skills/High-Wage Program

  9  jobs, as well as other jobs, which data is generated through

10  surveys conducted as part of the state's Internet-based job

11  matching and labor market information system authorized under

12  s. 445.011. The conference shall consider such data in

13  developing its forecasts for statewide employment demand,

14  including reviewing the local and regional data for common

15  trends and conditions among localities or regions which may

16  warrant inclusion of a particular occupation on the statewide

17  occupational forecasting list developed by the conference.

18  Based upon its review of such survey data, the conference

19  shall also make recommendations semiannually to Workforce

20  Florida, Inc., on additions or deletions to lists of locally

21  targeted occupations approved by Workforce Florida, Inc.

22         3.  The Workforce Estimating Conference shall include

23  estimates by occupation and industry, of the demand for the

24  establishment of new businesses and the creation of new jobs

25  in self-employment in its forecasts of employment demand.

26         4.3.  During each legislative session, and at other

27  times if necessary, the Workforce Estimating Conference shall

28  meet as the Workforce Impact Conference for the purpose of

29  determining the effects of legislation related to the state's

30  workforce and economic development efforts introduced prior to

31  and during such legislative session.  In addition to the

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  1  designated principals of the impact conference, nonprincipal

  2  participants of the impact conference shall include a

  3  representative of the Florida Chamber of Commerce and other

  4  interested parties. The impact conference shall use both

  5  quantitative and qualitative research methods to determine the

  6  impact of introduced legislation related to workforce and

  7  economic development issues.

  8         5.4.  Notwithstanding subparagraph 4. 3., the Workforce

  9  Estimating Conference, for the purposes described in

10  subparagraph 1., shall meet no less than 2 times in a calendar

11  year.  The first meeting shall be held in February and the

12  second meeting shall be held in August. Other meetings may be

13  scheduled as needed.

14         Section 3.  Section 288.9619, Florida Statutes, is

15  created to read:

16         288.9619  Self-Employment-Assistance Loan Program.--

17         (1)  The Legislature finds that small enterprises are

18  vital to the success of the state's economy. The Legislature

19  further finds that a major barrier to the creation of small

20  enterprises is restricted access to capital. It is, therefore,

21  the intent of the Legislature to facilitate access to such

22  capital in order to spur economic development in the state.

23         (2)  As used in this section, the term:

24         (a)  "Account" means the Self-Employment-Assistance

25  Loan Program Account.

26         (b)  "Corporation" means Enterprise Florida, Inc.

27         (c)  "Eligible borrower" means:

28         1.  A person who applies for a loan under this section

29  no more than 1 year after completing the required training and

30  counseling programs; or

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  1         2.  A person who applies for a loan under this section

  2  within 3 years after completing the required training and

  3  counseling programs and who has previously received loans

  4  under this section which total less than $10,000.

  5         (d)  "Program" means the Self-Employment-Assistance

  6  Loan Program.

  7         (e)  "Required training and counseling programs" means

  8  the training and counseling programs provided under the

  9  self-employment-assistance program in s. 443.111(8).

10         (3)  The corporation shall establish a

11  Self-Employment-Assistance Loan Program for the purpose of

12  assisting eligible borrowers with the capitalization of their

13  businesses.

14         (4)  Subject to specific legislative appropriation, the

15  corporation shall make no-interest, 5-year loans to eligible

16  borrowers for costs related to the establishment or operation

17  of their businesses. The corporation may not loan more than

18  $10,000 to an eligible borrower.

19         (5)  An eligible borrower must provide full collateral

20  and a personal guarantee for any loan provided under this

21  section.

22         (6)  Loan repayments are due in equal annual

23  installments. The first installment of a loan repayment is due

24  1 year after the loan is made. There is no penalty for early

25  repayment of a loan.

26         (7)  The corporation may impose a fee not to exceed $50

27  for each loan application and may retain these fees to defray

28  the costs of administering this section.

29         (8)  The corporation shall establish a

30  Self-Employment-Assistance Loan Program Account. Repayments

31  and other revenues that accrue under this section must be

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    Florida Senate - 2002                                  SB 2290
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  1  deposited in this account. Except as provided in subsection

  2  (11), funds in this account must be used only for purposes

  3  related to the program. Unused funds in this account must be

  4  invested in a fiscally prudent manner that allows for timely

  5  liquidation in the event such action is necessary for

  6  loan-making purposes.

  7         (9)  The corporation shall adopt guidelines and

  8  establish procedures necessary to administer this section.

  9         (10)  The Office of Tourism, Trade, and Economic

10  Development shall oversee the corporation's administration of

11  the program and the account and shall include related

12  performance measures in the office's annual performance

13  contract with the corporation. At least 60 days before each

14  regular session of the Legislature, the office shall submit a

15  program-status report to the Governor, the President of the

16  Senate, the Speaker of the House of Representatives, and the

17  majority and minority leaders of the Senate and the House of

18  Representatives. The report must include, at a minimum, the

19  most recent performance-measure data available and the

20  beginning and current balances of the account.

21         (11)  This section expires 3 years after the expiration

22  or repeal of the self-employment-assistance program in s.

23  443.111(8). Upon expiration of this section, the corporation

24  shall use funds in the account and loan repayments related to

25  the program to assist small enterprises in this state.

26         Section 4.  Subsection (8) is added to section 443.111,

27  Florida Statutes, to read:

28         443.111  Payment of benefits.--

29         (8)  SELF-EMPLOYMENT-ASSISTANCE PROGRAM.--

30         (a)  Definitions.--As used in this subsection, the

31  term:

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    Florida Senate - 2002                                  SB 2290
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  1         1.  "Eligible business" means an occupation or industry

  2  for which the Workforce Estimating Conference has determined

  3  there is a demand in this state for the establishment of new

  4  businesses and the creation of new jobs in self-employment.

  5         2.  "Regular benefits" means benefits payable to an

  6  individual under this chapter or under any other state law,

  7  including benefits payable to federal civilian employees and

  8  to ex-service members under 5 U.S.C. chapter 85, other than

  9  extended benefits.

10         3.  "Self-employment-assistance allowance" means an

11  allowance payable in lieu of regular benefits under this

12  chapter to an individual participating in the

13  self-employment-assistance program.

14         (b)  Authorization and purpose.--There is created

15  within the Agency for Workforce Innovation a

16  self-employment-assistance program. The purpose of the program

17  is to implement authority granted under the Federal

18  Unemployment Tax Act in 26 U.S.C. s. 3306(t) to provide

19  allowances in lieu of regular benefits to unemployed

20  individuals in order to assist these individuals in

21  establishing new businesses and becoming self-employed.

22         (c)  Eligibility.--An unemployed individual is eligible

23  to participate in the self-employment-assistance program, and

24  to receive a self-employment-assistance allowance with respect

25  to any week, if each of the following apply:

26         1.  The individual is otherwise eligible to receive

27  regular benefits.

28         2.  The individual is determined to be likely to

29  exhaust regular benefits using the profiling system

30  established under paragraph (f).

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  1         3.  The individual applies to participate in the

  2  self-employment-assistance program within 60 days after the

  3  individual first filed a valid claim for regular benefits.

  4         4.  The individual has, on the date of application, a

  5  balance of regular benefits which is at least 18 times the

  6  individual's weekly benefit and has at least 18 weeks

  7  remaining in the individual's benefit year.

  8         5.  The individual is admitted into the

  9  self-employment-assistance program by the Agency for Workforce

10  Innovation.

11         6.  The individual is participating in, or has

12  completed, the training and counseling programs provided under

13  paragraph (g).

14         7.  The individual is actively engaged full-time in

15  activities approved by the Agency for Workforce Innovation,

16  which may include the training and counseling programs

17  provided under paragraph (g), related to establishing an

18  eligible business and becoming self-employed.

19         8.  The individual has made a claim for a

20  self-employment-assistance allowance with respect to such week

21  in accordance with the rules of the Agency for Workforce

22  Innovation.

23         9.  The individual provides the information required by

24  the Agency for Workforce Innovation, including a log of the

25  individual's participation in the programs described in

26  subparagraph 6. and the activities described in subparagraph

27  7.

28         10.  The individual has not participated in the

29  self-employment-assistance program during a preceding benefit

30  year.

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  1         (d)  Disqualification.--An individual who fails to

  2  participate in the training and counseling programs provided

  3  under paragraph (g) or who fails to actively engage full-time

  4  in activities related to establishing an eligible business and

  5  becoming self-employed is disqualified for the week the

  6  failure occurs. If an individual is disqualified under this

  7  paragraph for 2 consecutive weeks or for any 3 weeks while

  8  participating in the self-employment-assistance program, the

  9  individual shall be removed from the program. An individual

10  who is removed or voluntarily withdraws from the program may

11  receive, if otherwise eligible, regular benefits with respect

12  to the individual's benefit year if the sum of the

13  self-employment-assistance allowances paid to the individual

14  under this subsection and the regular benefits paid to that

15  individual under this section during the benefit year do not

16  exceed the total amount of benefits allowed in subsection (5).

17         (e)  Payment and financing of allowances.--

18         1.  A self-employment-assistance allowance is payable

19  to an individual at the same intervals, on the same terms, and

20  subject to the same conditions as regular benefits, except

21  that:

22         a.  The requirements in s. 443.091(1)(b), relating to

23  registering for work, do not apply to the individual.

24         b.  The requirements in s. 443.091(1)(c), relating to

25  ability to work and availability for work, do not apply to the

26  individual.

27         c.  The disqualifications in s. 443.101(2), relating to

28  failing to apply for or accept suitable work, do not apply to

29  the individual.

30         d.  Remuneration paid to the individual derived from

31  self-employment is not earned income under s. 443.036(16), and

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  1  the provisions of this chapter relating to the reduction of

  2  the amount of regular benefits due to receipt of disqualifying

  3  income do not apply to earned income derived from

  4  self-employment by an individual participating in the

  5  self-employment-assistance program and do not affect the

  6  amount of the individual's self-employment-assistance

  7  allowance.

  8         2.  An individual participating in the

  9  self-employment-assistance program is considered to be totally

10  unemployed under s. 443.036(39).

11         3.  An individual's weekly self-employment-assistance

12  allowance payable under this subsection is equal to the weekly

13  benefit amount the individual would have otherwise received

14  for regular benefits under subsection (3) if the individual

15  had not participated in the self-employment-assistance

16  program. The sum of the self-employment-assistance allowances

17  paid to an individual under this subsection and the regular

18  benefits paid to that individual under this section during any

19  benefit year may not exceed the total amount of benefits

20  allowed in subsection (5).

21         4.  For an employer liable for contributions under the

22  contributory system of financing unemployment compensation

23  benefits, a self-employment-assistance allowance paid under

24  this subsection shall not be charged to the account of the

25  individual's employer. For a reimbursable employer, an

26  allowance paid under this subsection shall be charged to the

27  account of the individual's employer in the same manner

28  provided in s. 443.131 for regular benefits.

29         (f)  Profiling system.--The Agency for Workforce

30  Innovation shall establish a profiling system to identify

31  individuals likely to exhaust regular benefits. The profiling

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  1  system may be, but is not required to be, the same profiling

  2  system used to identify participants in reemployment services

  3  under s. 443.091(1)(d).

  4         (g)  Training and counseling programs.--The Agency for

  5  Workforce Innovation, in conjunction with Workforce Florida,

  6  Inc., shall develop and approve programs that provide

  7  entrepreneurial training, business counseling, and technical

  8  assistance for participants in the self-employment-assistance

  9  program. When approving these programs, the Agency for

10  Workforce Innovation shall attempt to identify and give

11  priority to existing programs. Subject to specific legislative

12  appropriation, the Agency for Workforce Innovation may

13  contract with Workforce Florida, Inc., regional workforce

14  boards, small business development centers, school districts,

15  community colleges, state universities and colleges, or

16  independent colleges and universities to provide these

17  training and counseling programs.

18         (h)  Participation limit.--The aggregate number of

19  individuals receiving a self-employment-assistance allowance

20  under this subsection during any week may not exceed 5 percent

21  of the number of individuals receiving regular benefits. In

22  addition, the self-employment-assistance program may not

23  result in costs to the fund in excess of the costs that would

24  have been incurred had the state not implemented the program.

25  To enforce this paragraph, the Agency for Workforce Innovation

26  may limit admission into the self-employment-assistance

27  program. The Agency for Workforce Innovation may further limit

28  admission based on the availability of the training and

29  counseling programs provided under paragraph (g) or funding

30  for those programs.

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  1         (i)  Rules.--The Agency for Workforce Innovation shall

  2  adopt rules under ss. 120.536(1) and 120.54 necessary to

  3  administer this subsection.

  4         (j)  Evaluations and recommendations.--The Agency for

  5  Workforce Innovation, in conjunction with Workforce Florida,

  6  Inc., and the regional workforce boards shall conduct a

  7  comprehensive evaluation of the effectiveness of the

  8  self-employment-assistance program operated under this

  9  subsection. By January 1, 2007, the Agency for Workforce

10  Innovation shall submit a report on such evaluation to the

11  Governor, the President of the Senate, the Speaker of the

12  House of Representatives, and the majority and minority

13  leaders of the Senate and the House of Representatives. The

14  report must include, at a minimum, the number of individuals

15  participating in the program and the number of businesses

16  developed under the program, business survival data, the cost

17  of operating the program, compliance with program

18  requirements, data related to business income, the number of

19  employees and amount of wages paid in the new businesses, the

20  incidence and duration of unemployment after business startup,

21  and an evaluation of the Self-Employment-Assistance Loan

22  Program created under s. 288.9619. The report may also include

23  recommendations as to whether the self-employment-assistance

24  program should be continued or revised to enhance its

25  administration or effectiveness.

26         (k)  Conflicts.--If there is a conflict between this

27  subsection and federal requirements and regulations, the

28  federal requirements and regulations control.

29         (l)  Expiration.--This subsection expires July 1, 2007.

30         Section 5.  There is appropriated from the General

31  Revenue Fund an amount sufficient to implement this act.

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  1         Section 6.  This act shall take effect October 1, 2002.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Creates the Florida Self-Employment and Enterprise
      Development Act. Directs the Workforce Estimating
  6    Conference to provide additional estimates. Requires
      Enterprise Florida, Inc., to establish a
  7    Self-Employment-Assistance Loan Program with oversight
      responsibilities in the Office of Tourism, Trade, and
  8    Economic Development. Creates a
      self-employment-assistance program within the Agency for
  9    Workforce Innovation to provide for allowances to be paid
      in lieu of regular benefits under federal law. Provides
10    criteria for participation in each program. (See bill for
      details.)
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