Florida Senate - 2007                      COMMITTEE AMENDMENT
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                            CHAMBER ACTION
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11  The Committee on Commerce (Crist) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraphs (g), (h), (i), and (j) of
19  subsection (2) of section 14.2015, Florida Statutes, are
20  redesignated as paragraphs (h), (i), (j), and (k),
21  respectively, and a new paragraph (g) is added to that
22  subsection, to read:
23         14.2015  Office of Tourism, Trade, and Economic
24  Development; creation; powers and duties.--
25         (2)  The purpose of the Office of Tourism, Trade, and
26  Economic Development is to assist the Governor in working with
27  the Legislature, state agencies, business leaders, and
28  economic development professionals to formulate and implement
29  coherent and consistent policies and strategies designed to
30  provide economic opportunities for all Floridians. To
31  accomplish such purposes, the Office of Tourism, Trade, and
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 1  Economic Development shall:
 2         (g)  Administer the Black Business Loan Program, the
 3  purpose of which is to leverage state, local, and private
 4  funds to provide loans and loan guarantees to black business
 5  enterprises that cannot obtain capital through conventional
 6  lending institutions but that otherwise could compete
 7  successfully in the private sector.
 8         Section 2.  Section 288.702, Florida Statutes, is
 9  amended to read:
10         288.702  Short title.--This section and sections
11  288.703-288.706 This act shall be known and may be cited as
12  the "Florida Small and Minority Business Assistance Act of
13  1985."
14         Section 3.  Paragraph (a) of subsection (3) of section
15  288.703, Florida Statutes, is amended to read:
16         288.703  Definitions.--As used in this act, the
17  following words and terms shall have the following meanings
18  unless the content shall indicate another meaning or intent:
19         (3)  "Minority person" means a lawful, permanent
20  resident of Florida who is:
21         (a)  An African American, a person having origins in
22  any of the black racial groups of the African Diaspora,
23  regardless of cultural origin.
24         Section 4.  Subsection (11) of section 288.706, Florida
25  Statutes, is amended, and subsection (12) is added to that
26  section, to read:
27         288.706  Florida Minority Business Loan Mobilization
28  Program.--
29         (11)  The Department of Management Services shall
30  maintain a listing of financial institutions willing to
31  participate in the Florida Minority Business Loan Mobilization
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 1  Program, which may include the Florida Black Business
 2  Investment Board, Inc., and black business investment
 3  corporations. This list of financial institutions shall not be
 4  exclusive. A minority business enterprise vendor who has a
 5  working relationship with a financial institution is
 6  encouraged to request that the financial institution apply to
 7  participate as a financial institution for the program.
 8         (12)  The Department of Management Services shall
 9  collaborate with the Florida Black Business Investment Board,
10  Inc., and the Office of Tourism, Trade, and Economic
11  Development to assist in the development and enhancement of
12  black business enterprises.
13         Section 5.  Section 288.7065, Florida Statutes, is
14  created to read:
15         288.7065  Short title.--This section and sections
16  288.707-288.714 may be cited as the "Florida Black Business
17  Investment Act."
18         Section 6.  Section 288.707, Florida Statutes, is
19  amended to read:
20         (Substantial rewording of section. See
21         s. 288.707, F.S., for present text.)
22         288.707  Florida Black Business Investment Board, Inc.;
23  findings; creation; membership; organization; meetings;
24  disclosure.--
25         (1)  The Legislature finds that the public interest of
26  the state will be served by the creation of a not-for-profit
27  public-private entity the primary mission of which shall be to
28  assist in the development and expansion of black business
29  enterprises by:
30         (a)  Advising the Office of Tourism, Trade, and
31  Economic Development in its oversight of the Black Business
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 1  Loan Program and creating long-range strategic policy for the
 2  program.
 3         (b)  Evaluating the unmet need for capital by black
 4  business enterprises in the state.
 5         (c)  Creating partnerships between state and local
 6  governments and private enterprises to aid in the development
 7  and expansion of black business enterprises.
 8         (d)  Providing a network of information resources for
 9  black business enterprises and providing technical assistance
10  through this network.
11         (2)(a)  There is created a not-for-profit corporation
12  to be known as the "Florida Black Business Investment Board,
13  Inc.," referred to in ss. 288.707-288.714 as the board, which
14  shall be registered, incorporated, organized, and operated in
15  compliance with chapter 617 and shall not be a unit or entity
16  of state government. The Legislature determines, however, that
17  public policy dictates that the board operate in the most open
18  and accessible manner consistent with its public purpose.
19  Therefore, the Legislature specifically declares that the
20  board and its advisory committees or similar groups created by
21  the board, including any subsidiaries, are subject to the
22  provisions of chapter 119, relating to public records, and the
23  provisions of chapter 286, relating to public meetings and
24  records.
25         (b)  The board shall contract with the Office of
26  Tourism, Trade, and Economic Development to implement the
27  provisions of ss. 288.707-288.714.
28         (3)  The board shall be governed by a board of
29  directors chosen as follows:
30         (a)  Five members appointed by the Governor who shall
31  serve terms of 4 years each, except that in making initial
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 1  appointments, the Governor shall appoint three members to
 2  serve for terms of 2 years each and two members to serve for
 3  terms of 3 years each.
 4         (b)  One member appointed by the President of the
 5  Senate who shall serve a term of 2 years.
 6         (c)  One member appointed by the Speaker of the House
 7  of Representatives who shall serve a term of 2 years.
 8         (d)  The vice chair of Enterprise Florida, Inc., or his
 9  or her designee.
10         (e)  The chair of the Florida Development Finance
11  Corporation created pursuant to s. 288.9604.
12         (f)  Four presidents of participating black business
13  investment corporations who shall be appointed by the
14  Executive Director of the Office of Tourism, Trade, and
15  Economic Development upon the recommendation of the Florida
16  Consortium of Black Business Investment Corporations, Inc., to
17  serve for terms of 3 years each. Each shall be eligible for
18  reappointment to one additional term of 3 years.
19         (4)  Members of the board must have experience in
20  business, including financial services, banking, or economic
21  development. At least one of the Governor's appointees must
22  have experience in venture capitalism.
23         (5)  Any person appointed to fill a vacancy on the
24  board shall be appointed in a like manner and shall serve for
25  only the remainder of the unexpired term. Any member shall be
26  eligible for reappointment.
27         (6)  The Governor shall appoint the chairperson, who
28  shall be a member of the board and shall serve at the pleasure
29  of the Governor. The board shall annually elect one of its
30  members as vice chairperson.
31         (7)  The board shall meet at least four times annually
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 1  upon the call of the chair or vice chair or at the request of
 2  a majority of the membership. A majority of the total number
 3  of current members of the board shall constitute a quorum. The
 4  board may take official action by a majority vote of the
 5  members present at any meeting at which a quorum is present.
 6         (8)  Members of the board shall serve without
 7  compensation, but members, the president of the board, and
 8  other board employees may be reimbursed for all reasonable,
 9  necessary, and actual expenses as determined and approved by
10  the board.
11         (9)  Each member of the board who is not otherwise
12  required to disclose financial interests pursuant to s. 8,
13  Art. II of the State Constitution or s. 112.3144 shall file a
14  statement of financial interests pursuant to s. 112.3145.
15         Section 7.  Section 288.708, Florida Statutes, is
16  amended to read:
17         288.708  President; employees.--
18         (1)  The president of the board corporation, who may
19  also be designated as secretary-treasurer, shall be appointed
20  by the board and shall serve at the pleasure of the board. The
21  board shall establish and adjust the compensation of the
22  president. The president shall be the chief administrative and
23  operational officer of the board corporation and shall direct
24  and supervise administrative affairs and the general
25  management of the board corporation. The board may delegate to
26  its president those powers and responsibilities it deems
27  appropriate, except for appointment of the president. The
28  president:
29         (a)  May contract with or employ legal and technical
30  experts and such other employees, permanent and temporary, as
31  shall be authorized by the board;
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 1         (b)  Shall attend meetings of the board; and
 2         (c)  Shall cause copies to be made of all minutes and
 3  other records and documents of the board and shall certify
 4  that such copies are true copies. All persons dealing with the
 5  corporation or board may rely upon such certification.
 6         (2)  The corporation and its officers and board members
 7  are responsible for the prudent use of all public and private
 8  funds and shall ensure that the use of such funds is in
 9  accordance with all applicable laws, bylaws, or contractual
10  requirements. An employee of the board corporation may not
11  receive compensation for employment that exceeds the salary
12  paid to the Governor, unless the board corporation and the
13  employee have executed a contract that prescribes specific and
14  measurable performance outcomes for the employee, the
15  satisfaction of which provides the basis for the award of
16  incentive payments that increase the employee's total
17  compensation to a level above the salary paid to the Governor.
18  The Department of Management Services shall establish a
19  lease-agreement program under which an employee of the board,
20  as of June 30, 2002, retains his or her status as a state
21  employee until the employee voluntarily or involuntarily
22  terminates his or her status with the board. Status as a state
23  employee shall include the right to participate in the Florida
24  Retirement System.
25         Section 8.  Section 288.709, Florida Statutes, is
26  amended to read:
27         288.709  Powers of the Florida Black Business
28  Investment Board, Inc.--The board shall have all the powers
29  granted under chapter 617 and any powers necessary or
30  convenient to carry out and effectuate the purposes and
31  provisions of ss. 288.707-288.714, including, but not limited
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 1  to, the power to:
 2         (1)  Adopt bylaws for the regulation of its affairs and
 3  the conduct of its business and adopt policies to implement
 4  the provisions of law conferring duties upon it. The Such
 5  bylaws shall provide that the board corporation is subject to
 6  the requirements of s. 24, Art. I of the State Constitution
 7  and chapter 119 and s. 286.011.
 8         (2)  Adopt an official seal.
 9         (3)  Sue and be sued in its own name.
10         (4)  Make and execute contracts and other instruments
11  necessary or convenient for the exercise of its power and
12  functions.
13         (5)  Acquire, hold, and dispose of personal property
14  for its corporate purposes.
15         (2)(6)  Enter into agreements or other transactions
16  with any federal, state, or local agency or private entity.
17         (7)  Encourage financial institutions to participate in
18  consortia for the purpose of investing in black business
19  enterprises.
20         (8)  Ensure that funds available to the board for
21  purposes set forth in ss. 288.707-288.714 are disbursed on a
22  statewide basis and are not concentrated in one geographical
23  area.
24         (3)(9)  Invest any funds held in reserves or sinking
25  funds, or any funds not required for immediate disbursement,
26  in such investments as may be authorized for trust funds under
27  s. 215.47; however, such investments will be made on behalf of
28  the board by the Chief Financial Officer or by another trustee
29  appointed for that purpose.
30         (4)(10)  Appear in its own behalf before boards,
31  commissions, departments, or other agencies of municipal,
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 1  county, state, or Federal Government.
 2         (11)  Procure insurance or require bond against any
 3  loss in connection with its property in such amounts and from
 4  such insurers as may be necessary or desirable.
 5         (5)(12)  Apply for, accept, and disburse from any state
 6  or nonstate source Receive and accept from any federal, state,
 7  or local agency grants, loans, or advances for, or in aid of,
 8  the purposes of ss. 288.707-288.714, and to receive and accept
 9  contributions from any source of either money, property,
10  labor, or other things of value, to be held, used, and applied
11  for said purposes.
12         (13)  Create, issue, and buy and sell stock, evidences
13  of indebtedness, and other capital participation instruments;
14  to hold such stock, evidences of indebtedness, and capital
15  participation instruments; and to underwrite the creation of a
16  capital market for these securities in a manner designed to
17  enhance development of capital ownership in the target group.
18         (6)(14)  Provide and pay for such advisory services and
19  technical assistance as may be necessary or desirable to carry
20  out the purposes of this act.
21         (7)(15)  Engage in special programs to enhance the
22  development of black business enterprises as authorized by
23  this act.
24         (16)  Promote black ownership of financial institutions
25  in Florida.
26         (17)  Take, hold, and improve property, including real
27  property.
28         (18)  Do any and all things necessary or convenient to
29  carry out the purposes of, and exercise the powers given and
30  granted in, ss. 288.707-288.714, and exercise any other
31  powers, rights, or responsibilities of a corporation.
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 1         (8)(19)  In addition to any indemnification available
 2  under chapter 617, indemnify, and purchase and maintain
 3  insurance on behalf of, directors, officers, and employees of
 4  the board corporation and its boards against any personal
 5  liability or accountability by reason of actions taken while
 6  acting within the scope of their authority.
 7         (9)(20)  Provide in its bylaws that, upon the
 8  dissolution of the board corporation, all of its assets
 9  acquired through the use of state funds, after payment of all
10  legal debts and liabilities, revert to the this state.
11         Section 9.  Section 288.7091, Florida Statutes, is
12  amended to read:
13         (Substantial rewording of section. See
14         s. 288.7091, F.S., for present text.)
15         288.7091  Duties of the Florida Black Business
16  Investment Board, Inc.--The board shall:
17         (1)  Serve as an advisory board to the Office of
18  Tourism, Trade, and Economic Development, through contract
19  with the office, to assist the office with the implementation
20  of ss. 288.707-288.714.
21         (2)  Aid the development and expansion of black
22  business enterprises by leveraging state, local, and private
23  funds to be held by the board for use according to the
24  provisions of ss. 288.707-288.714.
25         (3)  Serve as the clearinghouse for information and
26  sources of technical assistance that will enhance the
27  development and expansion of black business enterprises and
28  facilitate the provision of technical assistance in
29  communities in which such services are otherwise underserved.
30         (4)  Aggressively market the Black Business Loan
31  Program and related services to black business enterprises
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 1  through all appropriate media outlets, including media
 2  targeting the African-American community.
 3         (5)  Collaborate with Enterprise Florida, Inc., or its
 4  affiliates to develop and expand black business enterprises.
 5         (6)  Collaborate with the Department of Transportation,
 6  the Department of Management Services, including the Florida
 7  Minority Business Loan Mobilization Program, Workforce
 8  Florida, Inc., and other state agencies and partners, the
 9  State University System, including the Florida Agricultural
10  and Mechanical University's Institute of Urban Policy and
11  Commerce, school boards, and local governments to create a
12  network of information and to identify available resources to
13  enhance the development and expansion of black business
14  enterprises.
15         (7)  Develop strategies to increase financial
16  institution investment in black business enterprises.
17         (8)  Provide a 5-year projection of the need for
18  capital by black business enterprises. The board may contract
19  with an independent entity to prepare the projection once
20  every 5 years.
21         (9)  Annually provide for a financial audit, as defined
22  in s. 11.45, of the board's accounts and records by an
23  independent certified public accountant. The audit shall
24  include an explanation of all investments made by the board
25  and an explanation of administrative costs. Within 6 months
26  after the end of the fiscal year, the audit report shall be
27  provided to the Governor, the President of the Senate, the
28  Speaker of the House of Representatives, and the Auditor
29  General.
30         Section 10.  Section 288.7094, Florida Statutes, is
31  created to read:
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 1         288.7094  Black business investment corporations.--
 2         (1)  The term "black business investment corporation"
 3  means a corporation that provides loans, loan guarantees, or
 4  investments to black business enterprises under ss.
 5  288.707-288.714.
 6         (2)  A black business investment corporation that meets
 7  the requirements of s. 288.7102(3) is eligible to participate
 8  in the Black Business Loan Program and shall receive priority
 9  consideration by the Office of Tourism, Trade, and Economic
10  Development for participation in the program.
11         Section 11.  Section 288.7102, Florida Statutes, is
12  created to read:
13         288.7102  Black Business Loan Program.--The Black
14  Business Loan Program is established in the Office of Tourism,
15  Trade, and Economic Development. Under the program, the office
16  shall annually certify eligible recipients and disburse funds
17  appropriated by the Legislature, through such certified
18  recipients, to black business enterprises that cannot obtain
19  capital through conventional lending institutions but that
20  could otherwise compete successfully in the private sector.
21         (1)  The office shall establish a uniform, open, and
22  competitive application and annual certification process for
23  eligible recipients who seek funds to provide loans to, loan
24  guarantees for, or investments in black business enterprises
25  pursuant to the Florida Black Business Investment Act. The
26  board shall receive the applications and make recommendations
27  for certification to the office.
28         (2)  The office, in consultation with the board, shall
29  develop an allocation policy to ensure that services provided
30  under ss. 288.707-288.714 for the benefit of black business
31  enterprises are disbursed equitably throughout the state. The
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 1  board shall facilitate the formation of black business
 2  investment corporations in communities that are not served by
 3  such corporations.
 4         (3)  To be eligible to receive funds and provide loans,
 5  loan guarantees, or investments under this section, a
 6  recipient must:
 7         (a)  Be a corporation registered in the state.
 8         (b)  Demonstrate that its board of directors includes
 9  citizens of the state experienced in the development of black
10  business enterprises.
11         (c)  Demonstrate that the recipient has a business plan
12  that allows the recipient to operate in a manner consistent
13  with ss. 288.707-288.714 and the rules of the office.
14         (d)  Demonstrate that the recipient has the technical
15  skills to analyze and evaluate applications by black business
16  enterprises for loans, loan guarantees, or investments.
17         (e)  Demonstrate that the recipient has established
18  viable partnerships with public and private funding sources,
19  economic development agencies, and workforce development and
20  job referral networks.
21         (f)  Demonstrate that the recipient can provide a
22  private match equal to 20 percent of the amount of funds
23  provided by the office.
24         (g)  Agree to maintain the recipient's books and
25  records relating to funds received by the office according to
26  generally accepted accounting principles and in accordance
27  with the requirements of s. 215.97(7) and to make those books
28  and records available to the office for inspection upon
29  reasonable notice.
30         (4)  The board shall annually recommend to the office
31  the certification of each eligible recipient, who must meet
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 1  the provisions of ss. 288.707-288.714, the terms of the
 2  contract between the recipient and the office, and any other
 3  applicable state or federal laws. An entity may not receive
 4  funds under ss. 288.707-288.714 unless the entity meets annual
 5  certification requirements.
 6         (5)  Upon approval by the office and release of the
 7  funds, the office shall issue a letter certifying the
 8  applicant as qualified for an award.  The office and the
 9  applicant shall enter into an agreement that sets forth the
10  conditions for award of the funds which includes the total
11  amount of funds awarded; the performance conditions that must
12  be met once the funding has been awarded, including, but not
13  limited to, compliance with all the requirements of this
14  section; and sanctions for failure to meet performance
15  conditions including any provisions to recover awards.
16         (6)(a)  The office, in consultation with the board,
17  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
18  implement this section.
19         (b)  The board shall adopt policies and procedures
20  necessary to implement this section.
21         Section 12.  Section 288.71025, Florida Statutes, is
22  created to read:
23         288.71025  Prohibited acts; penalties.--
24         (1)  It is unlawful for any person to hold itself out
25  as a black business investment corporation without being
26  certified by the board as eligible to participate in the
27  Florida Black Business Loan Program.
28         (2)  In addition to any other penalties or remedies
29  provided under law, the board may bring civil action in any
30  court of competent jurisdiction against any person for a
31  knowing or willful violation of this section. The court may
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 1  impose a civil penalty of up to $500 for such violation. Any
 2  funds received from such fines shall be appropriated to the
 3  board for any and all of the purposes and uses provided in the
 4  Florida Black Business Investment Act.
 5         Section 13.  Section 288.7103, Florida Statutes, is
 6  created to read:
 7         288.7103  Eligibility for loan, loan guarantee, or
 8  investment.--A black business enterprise is not eligible to
 9  receive a loan, loan guarantee, or investment from funds
10  disbursed pursuant to s. 288.7102 unless the black business
11  enterprise demonstrates that:
12         (1)  The proposed loan, loan guarantee, or investment
13  is economically sound and will assist the black business
14  enterprise in entering the conventional lending market,
15  increasing opportunities for employment, and strengthening the
16  economy of the state.
17         (2)  The black business enterprise will be able to
18  compete successfully in the private sector if the black
19  business enterprise obtains the requested financial assistance
20  and has obtained or will obtain appropriate and credible
21  technical or managerial support through an organization
22  approved by the corporation.
23         Section 14.  Section 288.711, Florida Statutes, is
24  amended to read:
25         288.711  Florida Black Business Loan Program Investment
26  Incentive Trust Fund.--
27         (1)  The Economic Development There is hereby created
28  the Florida Investment Incentive Trust Fund in the Office of
29  Tourism, Trade, and Economic Development shall be used for the
30  purpose of providing loans or loan guarantees under the Black
31  Business Loan Program as provided in s. 288.7102 from which
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 1  money may be drawn for loans, loan guarantees, or investments
 2  or loans, as authorized by this section, to encourage the
 3  development of appropriate financial mechanisms in the private
 4  sector to capitalize and assist in the development of black
 5  business enterprises. All income earned by investments of the
 6  fund, from funds deposited pursuant to ss. 288.707-288.14,
 7  shall be deposited in the fund for carrying out the purposes
 8  of ss. 288.707-288.714. Administrative costs of the program
 9  shall be appropriated in a lump-sum appropriation from the
10  fund created herein and shall be provided in the General
11  Appropriations Act.
12         (2)  A black business investment corporation is
13  authorized to use funds received from the Economic Development
14  Trust Fund from funds deposited pursuant to ss.
15  288.707-288.14, in The board is authorized to invest from the
16  Florida Investment Incentive Trust Fund in black business
17  investment corporations which conduct, or agree to conduct,
18  programs of assisting the development of black business
19  enterprises. Such investments shall be made under conditions
20  required by law and as the board may, from time to time,
21  require and may take any of the following forms:
22         (a)  Purchases of stock, preferred or common, voting or
23  nonvoting, as determined by the board; however, no more than
24  40 percent of the funds may be used for direct investments in
25  black business enterprises;
26         (b)  Loans or loan guarantees, with or without
27  recourse, in either a subordinated or priority position, as
28  determined by the board; provided, however, that no more than
29  20 percent of the capital base may be used for direct loans to
30  black business enterprises; or
31         (c)  Technical support to black business enterprises,
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 1  not to exceed 7 percent of the funds received, and direct
 2  administrative costs, not to exceed 10 percent of the funds
 3  received Any other investment authorized by the board based on
 4  the expertise of its members.
 5         (3)  It is the intent of the Legislature that if any
 6  one type of investment mechanism authorized in subsection (2)
 7  is held to be invalid all other valid mechanisms remain
 8  available.
 9         (4)  All loans, loan guarantees, and investments, and
10  any income related thereto, shall be used to carry out the
11  public purpose of ss. 288.707-288.714, which is to develop
12  black business enterprises. This is not meant to preclude a
13  reasonable profit for the participating black business
14  investment corporation or for return of equity developed to
15  the state and participating financial institutions upon any
16  distribution of the assets or excess income of the investment
17  corporation.
18         Section 15.  Section 288.712, Florida Statutes, is
19  amended to read:
20         (Substantial rewording of section. See
21         s. 288.712, F.S., for present text.)
22         288.712  Guarantor funds.--
23         (1)  The board is authorized to establish, with or
24  without public or private partners, guarantor funds to assist
25  qualified black business enterprises in obtaining surety bonds
26  and other credit instruments when required.
27         (2)  The board may contract with a regulated surety
28  company to conduct a surety bond program for black business
29  enterprises.
30         (3)  For purposes of this section, the board may use
31  the Black Contractors Bond Trust Fund, consisting of moneys
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 1  deposited or credited to the Black Contractors Bond Trust Fund
 2  pursuant to any appropriation made by law; any grants, gifts,
 3  and contributions received pursuant to ss. 288.707-288.714;
 4  all moneys recovered following defaults; all premiums charged
 5  and collected in accordance with this section and any interest
 6  income earned therein; and any other moneys obtained by the
 7  board for this purpose. The fund shall be administered by the
 8  board in trust for the purposes of this section and shall at
 9  no time be part of general public funds under the following
10  procedures:
11         (a)  Any claims against the state arising from defaults
12  shall be payable from the Black Contractors Bond Trust Fund.
13  Nothing in this section grants or pledges to any obligee or
14  other person any state moneys other than the moneys in the
15  Black Contractors Bond Trust Fund.
16         (b)  The board may guarantee bonds executed by sureties
17  for black business enterprises under this section as
18  principals on contracts with the state, any political
19  subdivision or instrumentality, or any person as the obligee.
20  The board, as guarantor, may exercise all the rights and
21  powers of a company authorized by the Department of Financial
22  Services to guarantee bonds under chapter 624, but otherwise
23  is not subject to any laws related to a guaranty company under
24  chapter 624 or to any rules of the department.
25         (c)  The board shall adopt policies and procedures for
26  the application for bond guarantees and for the review and
27  approval of applications for bond guarantees submitted by
28  sureties that execute bonds eligible for guarantees under this
29  section.
30         (d)  In accordance with the policies and procedures
31  adopted pursuant to this section, the board may guarantee up
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 1  to 90 percent of the loss incurred and paid by sureties on
 2  bonds guaranteed under this section.
 3         (e)  The policies and procedures of the board shall
 4  require the black business enterprise to pay a premium in
 5  advance for the bond to be established by the board. All
 6  premiums paid by the black business enterprise shall be paid
 7  into the Black Contractors Bond Program Trust Fund.
 8         (f)  The penal sum amounts of all outstanding bonds
 9  issued by the board shall not exceed the amount of moneys in
10  the Black Contractors Bond Trust Fund.
11         (g)  Any funds to the credit of the Black Contractors
12  Bond Trust Fund in excess of the amount necessary to fund the
13  appropriation authority for the fund shall be held as a loss
14  reserve to pay claims arising from defaults on surety bonds
15  guaranteed in accordance with this section.
16         (4)  Nothing in this section shall be construed to
17  prohibit or restrict the board from entering into a joint
18  venture or other contractual agreement with a private insurer
19  or to invest in a private entity to handle all or part of a
20  black contractors bonding program for black business
21  enterprises. The board is authorized and encouraged to
22  contract with a regulated surety company to conduct a surety
23  bond program for black business enterprises. Moneys from the
24  Black Contractors Bond Trust Fund may be used for these
25  purposes. The board may approve one application per fiscal
26  year from each surety company to support one fiscal year of
27  that company's activities under this section. A surety bond
28  company that applies for a bond guarantee under this section,
29  regardless of whether the guarantee is approved, is not
30  restricted from also applying for individual bond guarantees
31  under this section.
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 1         (5)  The board shall do all of the following to
 2  implement the black contractors bonding program:
 3         (a)  Conduct outreach, marketing, and recruitment of
 4  black contractors.
 5         (b)  Provide assistance to the Office of Supplier
 6  Diversity within the Department of Management Services, as
 7  needed, to certify new black business enterprises and to train
 8  appropriate department staff.
 9         (c)  Provide business development services to black
10  business enterprises in the developmental and transitional
11  stages of the program, including financing and bonding
12  assistance and management and technical assistance.
13         (d)  Develop a mentor program to bring businesses into
14  a working relationship with black contractors in a way that
15  commercially benefits both entities and serves the purpose of
16  the program.
17         (e)  No later than December 31, 2007, prepare and
18  submit to the Governor a detailed report outlining and
19  evaluating the progress made in implementing the black
20  contractors bonding program.
21         (f)  Establish a process by which black contractors may
22  apply for contract assistance, financial and bonding
23  assistance, management and technical assistance, and mentoring
24  opportunities.
25         Section 16.  Section 288.714, Florida Statutes, is
26  amended to read:
27         (Substantial rewording of section. See
28         s. 288.714, F.S., for present text.)
29         288.714  Quarterly and annual reports.--
30         (1)  Each recipient of state funds under s. 288.7102
31  shall provide to the board a quarterly report within 15 days
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 1  after the end of each calendar quarter that includes a
 2  detailed summary of the recipient's performance of the duties
 3  imposed by ss. 288.707-288.712, including, but not limited to:
 4         (a)  The dollar amount of all loans or loan guarantees
 5  made to black business enterprises, the percentages of the
 6  loans guaranteed, and the names and identification of the
 7  types of businesses served.
 8         (b)  Loan performance information.
 9         (c)  The amount and nature of all other financial
10  assistance provided to black business enterprises.
11         (d)  The amount and nature of technical assistance
12  provided to black business enterprises, including technical
13  assistance services provided in areas in which such services
14  are otherwise unavailable.
15         (e)  A balance sheet for the recipient, including an
16  explanation of all investments and administrative and
17  operational expenses.
18         (f)  A summary of all services provided to non-black
19  business enterprises, including the dollar value and nature of
20  such services and the names and identification of the types of
21  businesses served.
22         (g)  Any other information as required by policies
23  adopted by the board.
24         (2)  The board must compile and provide the office with
25  a summary of all quarterly reports within 30 days after the
26  end of each calendar quarter which includes a detailed summary
27  of the recipient's performance of the duties imposed by s.
28  288.7102.
29         (3)  By May 1 of each year, the board shall provide to
30  the Governor, the President of the Senate, and the Speaker of
31  the House of Representatives a detailed report of the
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 1  performance of the Black Business Loan Program, including:
 2         (a)  A cumulative summary of quarterly report data
 3  required by subsection (1).
 4         (b)  A description of the strategies implemented by the
 5  board to increase private investment in black business
 6  enterprises.
 7         (c)  A summary of the board's performance of its duties
 8  under ss. 288.707-288.712.
 9         (d)  The most recent 5-year projection of the need for
10  capital by black business enterprises.
11         (e)  Recommendations for legislative or other changes
12  to enhance the development and expansion of black business
13  enterprises in the state.
14         (f)  A projection of the program's activities during
15  the next 12 months.
16         Section 17.  Subsection (4) of section 288.9015,
17  Florida Statutes, is amended to read:
18         288.9015  Enterprise Florida, Inc.; purpose; duties.--
19         (4)  Enterprise Florida, Inc., shall incorporate the
20  needs of small and minority businesses into the
21  economic-development, international-trade and
22  reverse-investment, and workforce-development responsibilities
23  assigned to the organization by this section. Where
24  practicable and consistent with the expertise of the Black
25  Business Investment Board, Inc., Enterprise Florida, Inc.,
26  shall collaborate contract with the Florida Black Business
27  Investment Board, Inc., and the Office of Tourism, Trade, and
28  Economic Development corporation for the delivery of services
29  in fulfillment of the responsibilities of Enterprise Florida,
30  Inc., relating to small and minority businesses.
31         Section 18.  The Office of Program Policy Analysis and
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 1  Government Accountability shall prepare a status report on the
 2  initial implementation of the Florida Black Business
 3  Investment Act by the Office of Tourism, Trade, and Economic
 4  Development, the Florida Black Business Investment Board, and
 5  the recipients of funds disbursed pursuant to s. 288.7102,
 6  Florida Statutes, and shall provide the report to the
 7  Governor, the President of the Senate, and the Speaker of the
 8  House of Representatives by December 1, 2008. The office shall
 9  a conduct a program review of the Office of Tourism, Trade,
10  and Economic Development's performance in meeting the goals of
11  the Florida Black Business Investment Act and shall provide a
12  report to the Governor, the President of the Senate, and the
13  Speaker of the House of Representatives by December 1, 2009.
14         Section 19.  Subsection (6) of section 288.90151,
15  Florida Statutes, is amended to read:
16         288.90151  Return on investment from activities of
17  Enterprise Florida, Inc.--
18         (6)  Enterprise Florida, Inc., shall fully comply with
19  the performance measures, standards, and sanctions in its
20  contracts with the Office of Tourism, Trade, and Economic
21  Development under s. 14.2015(2)(i)(h) and (7). The Office of
22  Tourism, Trade, and Economic Development shall ensure, to the
23  maximum extent possible, that the contract performance
24  measures are consistent with performance measures that the
25  office is required to develop and track under
26  performance-based program budgeting.
27         Section 20.  Sections 288.7092, 288.7095, 288.71,
28  288.7101, and 288.713, Florida Statutes, are repealed.
29         Section 21.  The Legislature finds that the public
30  interest of the state has been served with respect to the use
31  of any state funds received by the Florida Black Business
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 1  Investment Board, Inc., and any black business investment
 2  corporation prior to and through the 2005-2006 fiscal year.
 3         Section 22.  The sum of $8.5 million is appropriated
 4  from the General Revenue Fund to the Office of Tourism, Trade,
 5  and Economic Development for the 2007-2008 fiscal year for
 6  purposes of implementing and administering the Black Business
 7  Loan Program, and 3 full-time equivalent positions and
 8  $500,000 for operation are authorized.
 9         Section 23.  This act shall take effect July 1, 2007.
10  
11  
12  ================ T I T L E   A M E N D M E N T ===============
13  And the title is amended as follows:
14         Delete everything before the enacting clause
15  
16  and insert:  
17                      A bill to be entitled
18         An act relating to black business investment;
19         amending s. 14.2015, F.S.; requiring the Office
20         of Tourism, Trade, and Economic Development to
21         administer the Black Business Loan Program;
22         providing purposes; amending s. 288.702, F.S.;
23         revising a short title; amending s. 288.703,
24         F.S.; revising the definition of "minority
25         person"; amending s. 288.706, F.S.; deleting
26         references to the Florida Black Business
27         Investment Board, Inc., and black business
28         investment corporations from a list of certain
29         financial institutions maintained by the
30         Department of Management Services; requiring
31         the Department of Management Services to
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 1         collaborate with the Florida Black Business
 2         Investment Board, Inc., and the Office of
 3         Tourism, Trade, and Economic Development for
 4         certain purposes; creating s. 288.7065, F.S.;
 5         providing a short title; amending s. 288.707,
 6         F.S.; revising provisions creating the Florida
 7         Black Business Investment Board, Inc.; revising
 8         legislative findings; creating the board;
 9         requiring the board to contract with the Office
10         of Tourism, Trade, and Economic Development for
11         certain purposes; specifying application of
12         public records and public meetings
13         requirements; providing for appointment of a
14         board of directors; specifying terms of office
15         and experience requirements of board members;
16         providing for filling of board vacancies;
17         requiring the Governor to appoint a chair;
18         providing for meetings; requiring members to
19         serve without compensation; providing for
20         reimbursement of expenses; requiring members to
21         file a statement of financial interests;
22         amending s. 288.708, F.S.; providing for
23         appointment and duties of the president of the
24         board; deleting a provision specifying prudent
25         use of certain funds and requiring use of funds
26         according to applicable laws, bylaws, or
27         contracts; applying certain salary limitation
28         provisions to employees of the board; requiring
29         the Department of Management Services to
30         establish a lease-agreement program for board
31         employees; amending s. 288.709, F.S.; revising
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 1         the powers of the board; amending s. 288.7091,
 2         F.S.; revising the duties of the board;
 3         creating s. 288.7094, F.S.; providing a
 4         definition; specifying eligibility of certain
 5         black business investment corporations to
 6         participate in the Black Business Loan Program;
 7         requiring the Office of Tourism, Trade, and
 8         Economic Development to give priority
 9         consideration to such corporations for
10         participation in the program; creating s.
11         288.7102, F.S.; establishing the Black Business
12         Loan Program in the Office of Tourism, Trade,
13         and Economic Development; requiring the office
14         to disburse funds appropriated by the
15         Legislature, through eligible recipients, to
16         certain black business enterprises; providing
17         duties and responsibilities of the office and
18         the board in administering the program;
19         establishing a competitive application and
20         annual certification process for eligible
21         recipients for funds to provide loans, loan
22         guarantees, and investments to black business
23         enterprises; requiring an allocation policy for
24         equitable distribution throughout the state;
25         providing eligibility requirements for
26         recipients to receive funds and to provide
27         loans, loan guarantees, or investments;
28         requiring annual certification of eligibility;
29         providing for award agreements and for the
30         reimbursement of certain funds under certain
31         circumstances; requiring the office to consult
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 1         with the board; requiring the office to adopt
 2         rules; requiring the board to adopt policies
 3         and procedures; creating s. 288.71025, F.S.;
 4         providing a prohibited act; providing for
 5         filing of a civil complaint and imposition of a
 6         fine; providing for use of funds received from
 7         such fine; creating s. 288.7103, F.S.;
 8         providing black business enterprise eligibility
 9         requirements for receiving loans, loan
10         guarantees, or investments; amending s.
11         288.711, F.S.; providing that the Office of
12         Tourism, Trade, and Economic Development will
13         administer the trust fund for purposes of
14         implementing and administering the Black
15         Business Loan Program; deleting provisions
16         relating to authorizations for the board to
17         make investments from the fund for certain
18         purposes; revising purposes for which a black
19         business investment corporation is authorized
20         to use funds received from the fund; amending
21         s. 288.712, F.S.; revising provisions relating
22         to guarantor funds to assist qualified black
23         business enterprises obtain surety bonds and
24         other credit instruments; authorizing the board
25         to contract with regulated surety companies;
26         revising uses of the Black Contractors Bond
27         Trust Fund; eliminating the Black Business Loan
28         Guaranty Trust Fund; revising board exceptions
29         to laws and rules related to a guaranty
30         company; requiring board adoption of policies
31         and procedures relating to board guarantee of
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 1         loss and to required payment of premiums;
 2         authorizing contracting with private entity to
 3         administer black contractors bonding program;
 4         delineating board use of a surety bond company;
 5         delineating board requirements for encouraging
 6         program participation; amending s. 288.714,
 7         F.S.; requiring recipients to provide quarterly
 8         and annual reports; specifying report
 9         requirements; requiring the board to submit an
10         annual program report to the Governor and
11         Legislature; specifying report requirements;
12         requiring certain black business investment
13         corporations to submit quarterly reports to the
14         board on uses of certain state funds;
15         specifying report requirements; amending s.
16         288.9015, F.S.; requiring Enterprise Florida,
17         Inc., to collaborate with the Florida Black
18         Business Investment Board, Inc., and the Office
19         of Tourism, Trade, and Economic Development for
20         certain purposes; requiring the Office of
21         Program Policy Analysis and Government
22         Accountability to submit a status report to the
23         Governor and Legislature on the Office of
24         Tourism, Trade, and Economic Development's
25         implementation of the Florida Black Business
26         Investment Act; requiring the Office of Program
27         Policy Analysis and Government Accountability
28         to conduct a program review of the performance
29         of the Office of Tourism, Trade, and Economic
30         Development, the Florida Black Business
31         Investment Board, and the program fund
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 1         recipients in meeting goals of the Florida
 2         Black Business Investment Act and to submit a
 3         program review report to the Governor and
 4         Legislature; amending s. 288.90151, F.S.;
 5         correcting a cross reference; repealing s.
 6         288.7092, F.S., relating to return on
 7         investment from activities of the corporation;
 8         repealing s. 288.7095, F.S., relating to duties
 9         of black business investment corporations;
10         repealing s. 288.71, F.S., relating to
11         conditions for board action; repealing s.
12         288.7101, F.S., relating to the state employee
13         leasing program of the Department of Management
14         Services for employees of the Florida Black
15         Business Investment Board, Inc.; repealing s.
16         288.713, F.S., relating to capital
17         participation instruments; providing a
18         legislative finding regarding the use of state
19         funds received by the board through the
20         2005-2006 fiscal year; providing an
21         appropriation and authorizing certain
22         positions; providing an effective date.
23  
24  
25  
26  
27  
28  
29  
30  
31  
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