Senate Bill sb2096c1

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    Florida Senate - 2006                           CS for SB 2096

    By the Committee on Commerce and Consumer Services





    577-2213-06

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         requiring the Office of Program Policy Analysis

  4         and Government Accountability and the Auditor

  5         General to jointly review the Office of

  6         Tourism, Trade, and Economic Development, the

  7         Black Business Investment Board and its

  8         subsidiaries or affiliates, and the black

  9         business investment corporations; providing an

10         effective date.

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

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14         Section 1.  The Office of Program Policy Analysis and

15  Government Accountability and the Auditor General shall

16  jointly review the Office of Tourism, Trade, and Economic

17  Development, the Black Business Investment Board and its

18  subsidiaries or affiliates, and the black business investment

19  corporations in the individual and collective performance of

20  their statutory and contract duties imposed under ss.

21  288.707-288.714, Florida Statutes. In particular, the study

22  shall evaluate the following:

23         (1)  Compliance with applicable statutes and

24  contractual provisions;

25         (2)  Program performance, including the number of loans

26  or loan guarantees made, the performance of said loans or loan

27  guarantees, and the retention or lack of retention of loan or

28  loan guarantee customers for fiscal years 2001-2002 through

29  2005-2006;

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    Florida Senate - 2006                           CS for SB 2096
    577-2213-06




 1         (3)  Accountability, including the uniformity and

 2  quality of recordkeeping by each participant so that state

 3  funds may be tracked effectively;

 4         (4)  Organizational issues, including how the structure

 5  of the governing laws and contractual relationships assisted

 6  or hindered the implementation of the program;

 7         (5)  Investment activity, including investments in

 8  non-black business enterprises and use of state funds for

 9  purposes other than loan or loan guarantee origination to

10  black business enterprises;

11         (6)  Business relationships between the program

12  participants, including agreements between program

13  participants, their board members, officers or employees, and

14  third parties that benefit the participants or board members,

15  officers, or employees in ways that do not enhance the

16  program;

17         (7)  Oversight by the Office of Tourism, Trade, and

18  Economic Development, including the use of contractual

19  provisions to enhance accountability;

20         (8)  Performance of statutory certification required

21  under s. 288.7091(1), Florida Statutes, by program

22  participants; and

23         (9)  Accountability for appropriated funds as required

24  by s. 288.7091(2), Florida Statutes, by program participants.

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26  The two offices shall provide a report of their findings and

27  recommendations for legislative changes to the program by

28  January 1, 2007, to the Governor, the President of the Senate,

29  the Speaker of the House of Representatives, and the

30  appropriate committee chairs of the Senate and the House of

31  Representatives.

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    Florida Senate - 2006                           CS for SB 2096
    577-2213-06




 1         Section 2.  This act shall take effect upon becoming a

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 2096

 6                                 

 7  This committee substitute differs from the bill as filed in
    that it requires the Office of Program Policy Analysis and
 8  Government Accountability and the Auditor General to jointly
    review the Office of Tourism, Trade, and Economic Development,
 9  the Black Business Investment Board, it subsidiaries or
    affiliates, and the Black Business Investment Corporations in
10  the individual and collective performance of their statutory
    and contract duties.
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