Senate Bill sb2624

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    Florida Senate - 2003                                  SB 2624

    By Senator Miller





    18-1486-03

  1                      A bill to be entitled

  2         An act relating to the Florida Black Business

  3         Investment Board; amending s. 288.703, F.S.;

  4         redefining the term "financial institution" for

  5         purposes of the board; amending s. 288.709,

  6         F.S.; deleting a requirement relating to

  7         approval of board by-laws; amending s.

  8         288.7091, F.S.; requiring the board to certify

  9         black business investment corporations;

10         amending s. 288.71, F.S.; providing for the

11         adoption of policies rather than rules;

12         amending s. 288.714, F.S.; revising a reporting

13         date; providing an effective date.

14  

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

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17         Section 1.  Subsection (7) of section 288.703, Florida

18  Statutes, is amended to read:

19         288.703  Definitions.--As used in this act, the

20  following words and terms shall have the following meanings

21  unless the content shall indicate another meaning or intent:

22         (7)  "Financial institution" means any bank, trust

23  company, insurance company, savings and loan association,

24  credit union, federal lending agency, or foundation, or

25  corporation engaged primarily in lending or investing funds.

26         Section 2.  Subsection (1) of section 288.709, Florida

27  Statutes, is amended to read:

28         288.709  Powers of the Florida Black Business

29  Investment Board, Inc.--The board shall have all the powers

30  necessary or convenient to carry out and effectuate the

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    Florida Senate - 2003                                  SB 2624
    18-1486-03




 1  purposes and provisions of ss. 288.707-288.714, including, but

 2  not limited to, the power to:

 3         (1)  Adopt bylaws for the regulation of its affairs and

 4  the conduct of its business and adopt policies to implement

 5  the provisions of law conferring duties upon it. However, any

 6  proposed bylaws or policies affecting the operation or

 7  administration or financial well-being of any of the black

 8  business investment corporations must first be approved by a

 9  majority of the black business investment corporations. Such

10  bylaws shall provide that the corporation is subject to the

11  requirements of s. 24, Art. I of the State Constitution and

12  chapter 119 and s. 286.011.

13         Section 3.  Subsection (1) of section 288.7091, Florida

14  Statutes, is amended to read:

15         288.7091  Duties of the Florida Black Business

16  Investment Board, Inc.--The Florida Black Business Investment

17  Board, Inc., shall:

18         (1)  Establish certification criteria for black

19  business investment corporations and certify at least once

20  every 5 years, each of the black business investment

21  corporations. Certification criteria shall include

22  administrative capacity, fiduciary controls, and, in the case

23  of existing black business investment corporations, solvency

24  and soundness of prior loan decisions;

25         Section 4.  Section 288.71, Florida Statutes, is

26  amended to read:

27         288.71  Conditions for board action.--The board shall

28  require of all programs in which the board participates that

29  any black business enterprise demonstrate to the appropriate

30  entity that:

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    Florida Senate - 2003                                  SB 2624
    18-1486-03




 1         (1)  The proposed investment is economically sound and

 2  will benefit the people of the state by increasing

 3  opportunities for employment, strengthening the economy of the

 4  state, or expanding black business enterprises.

 5         (2)  The black business enterprise proposed to be

 6  assisted will be able to compete successfully in the private

 7  sector if it obtains the requested financial assistance and

 8  has, or will obtain, necessary technical or managerial support

 9  through a private mentor, a state or federally sponsored small

10  business assistance center, or other credible source. In

11  determining whether a black business enterprise will be able

12  to compete successfully, the entity shall consider such

13  factors as:

14         (a)  The successful completion of, or participation in,

15  courses of study recognized by an appropriate accrediting

16  agency or appropriate state agency as providing financial,

17  technical, or managerial skills related to the operation of

18  the business by the owner or partner;

19         (b)  The prior success of the owner or partner in

20  personal, career, or business activities;

21         (c)  Amount of local and other financial assistance

22  available to the black business enterprise;

23         (d)  The availability of ongoing technical or

24  managerial assistance by private sources; and

25         (e)  Other factors identified by the board.

26  

27  The board shall adopt policies rules that prescribe criteria

28  used by the board to evaluate applications for financial

29  assistance to black business enterprises.

30         Section 5.  Section 288.714, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2003                                  SB 2624
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 1         288.714  Annual report.--By May 1 February 1 of each

 2  year the board of the corporation shall submit to the

 3  Governor, the President of the Senate, the Speaker of the

 4  House of Representatives, and the director of the Office of

 5  Tourism, Trade, and Economic Development a complete and

 6  detailed report setting forth:

 7         (1)  Operations and accomplishments of the corporation;

 8         (2)  The number of black business enterprises which

 9  participated during the past year in programs established or

10  administered by the corporation;

11         (3)  The number of black business enterprises receiving

12  assistance from the corporation and the manner in which the

13  assistance was received;

14         (4)  The status of black business enterprises which

15  participated in programs established or administered by the

16  corporation;

17         (5)  The total number of jobs represented by black

18  business enterprises participating in programs established or

19  administered by the corporation;

20         (6)  Receipts and expenditures of the corporation

21  during its most recent fiscal year in accordance with the

22  categories or classifications established by the corporation

23  for its operating and capital accounts;

24         (7)  Assets and liabilities of the corporation at the

25  end of its most recent fiscal year and the status of its trust

26  funds; and

27         (8)  A schedule of local bonds outstanding authorized

28  by the corporation and capital participation instruments

29  issued by the corporation for the year and the total to date.

30         Section 6.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                  SB 2624
    18-1486-03




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 2                          SENATE SUMMARY

 3    Revises provisions relating to powers and duties of the
      Florida Black Business Investment Board. (See bill for
 4    details.)

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