Senate Bill sb2860

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2860

    By Senator Joyner





    18-1684-07                                         See HB 1283

  1                      A bill to be entitled

  2         An act relating to black business investment;

  3         amending s. 14.2015, F.S.; requiring the Office

  4         of Tourism, Trade, and Economic Development to

  5         administer the Black Business Loan Program;

  6         providing purposes; amending s. 288.702, F.S.;

  7         revising a short title; amending s. 288.703,

  8         F.S.; revising the definition of "minority

  9         person"; amending s. 288.706, F.S.; deleting

10         references to the Florida Black Business

11         Investment Board, Inc., and black business

12         investment corporations from a list of certain

13         financial institutions maintained by the

14         Department of Management Services; requiring

15         the Department of Management Services to

16         collaborate with the Florida Black Business

17         Investment Board, Inc., and the Office of

18         Tourism, Trade, and Economic Development for

19         certain purposes; creating s. 288.7065, F.S.;

20         providing a short title; amending s. 288.707,

21         F.S.; revising provisions creating the Florida

22         Black Business Investment Board, Inc.; revising

23         legislative findings; creating the board;

24         requiring the board to contract with the Office

25         of Tourism, Trade, and Economic Development for

26         certain purposes; specifying application of

27         public records and public meetings

28         requirements; providing for appointment of a

29         board of directors; specifying terms of office

30         and experience requirements of board members;

31         providing for filling of board vacancies;

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         requiring the Governor to appoint a chair;

 2         providing for meetings; requiring members to

 3         serve without compensation; providing for

 4         reimbursement of expenses; requiring members to

 5         file a statement of financial interests;

 6         amending s. 288.708, F.S.; providing for

 7         appointment and duties of the president of the

 8         board; deleting a provision specifying prudent

 9         use of certain funds and requiring use of funds

10         according to applicable laws, bylaws, or

11         contracts; applying certain salary limitation

12         provisions to employees of the board; requiring

13         the Department of Management Services to

14         establish a lease-agreement program for board

15         employees; amending s. 288.709, F.S.; revising

16         the powers of the board; amending s. 288.7091,

17         F.S.; revising the duties of the board;

18         creating s. 288.7094, F.S.; providing a

19         definition; specifying eligibility of certain

20         black business investment corporations to

21         participate in the Black Business Loan Program;

22         requiring the Office of Tourism, Trade, and

23         Economic Development to give priority

24         consideration to such corporations for

25         participation in the program; creating s.

26         288.7102, F.S.; establishing the Black Business

27         Loan Program in the Office of Tourism, Trade,

28         and Economic Development; requiring the office

29         to disburse funds appropriated by the

30         Legislature, through eligible recipients, to

31         certain black business enterprises; providing a

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         legislative finding regarding use of state

 2         funds received by the board through fiscal year

 3         2005-2006; providing duties and

 4         responsibilities of the office and the board in

 5         administering the program; establishing a

 6         competitive application and annual

 7         certification process for eligible recipients

 8         for funds to provide loans, loan guarantees,

 9         and investments to black business enterprises;

10         requiring an allocation policy for equitable

11         distribution throughout the state; providing

12         eligibility requirements for recipients to

13         receive funds and to provide loans, loan

14         guarantees, or investments; requiring annual

15         certification of eligibility; requiring the

16         office to consult with the board; requiring the

17         office to adopt rules; requiring the board to

18         adopt policies and procedures; creating s.

19         288.71025, F.S.; providing a prohibited act;

20         providing for filing of a civil complaint and

21         imposition of a fine; providing for use of

22         funds received from such fine; creating s.

23         288.7103, F.S.; providing black business

24         enterprise eligibility requirements for

25         receiving loans, loan guarantees, or

26         investments; amending s. 288.711, F.S.;

27         renaming the Florida Investment Incentive Trust

28         Fund as the Florida Black Business Loan Program

29         Trust Fund; placing the fund in the Office of

30         Tourism, Trade, and Economic Development for

31         purposes of implementing and administering the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         Black Business Loan Program; deleting

 2         provisions relating to authorizations for the

 3         board to make investments from the fund for

 4         certain purposes; revising purposes for which a

 5         black business investment corporation is

 6         authorized to use funds received from the fund;

 7         amending s. 288.712, F.S.; revising provisions

 8         relating to guarantor funds to assist qualified

 9         black business enterprises obtain surety bonds

10         and other credit instruments; authorizing board

11         to contract with regulated surety companies;

12         revising uses of the Black Contractors Bond

13         Trust Fund and the Black Contractors Bond

14         Program Administrative and Loss Reserve Fund;

15         eliminating the Black Business Loan Guaranty

16         Trust Fund; revising board exceptions to laws

17         and rules related to a guaranty company;

18         requiring board adoption of policies and

19         procedures relating to board guarantee of loss

20         and to required payment of premiums;

21         authorizing contracting with private entity to

22         administer black contractors bonding program;

23         delineating board use of a surety bond company;

24         delineating board requirements for encouraging

25         program participation; amending s. 288.714,

26         F.S.; requiring recipients to provide quarterly

27         and annual reports; specifying report

28         requirements; requiring the board to submit an

29         annual program report to the Governor and

30         Legislature; specifying report requirements;

31         requiring certain black business investment

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         corporations to submit quarterly reports to the

 2         board on uses of certain state funds;

 3         specifying report requirements; amending s.

 4         288.9015, F.S.; requiring Enterprise Florida,

 5         Inc., to collaborate with the Florida Black

 6         Business Investment Board, Inc., and the Office

 7         of Tourism, Trade, and Economic Development for

 8         certain purposes; requiring the Office of

 9         Program Policy Analysis and Government

10         Accountability to submit a status report to the

11         Governor and Legislature on the Office of

12         Tourism, Trade, and Economic Development's

13         implementation of the Florida Black Business

14         Investment Act; requiring the Office of Program

15         Policy Analysis and Government Accountability

16         to conduct a program review of the Office of

17         Tourism, Trade, and Economic Development's

18         performance in meeting goals of the Florida

19         Black Business Investment Act and to submit a

20         program review report to the Governor and

21         Legislature; amending s. 288.90151, F.S.;

22         correcting a cross reference; repealing s.

23         288.7092, F.S., relating to return on

24         investment from activities of the corporation;

25         repealing s. 288.7095, F.S., relating to duties

26         of black business investment corporations;

27         repealing s. 288.71, F.S., relating to

28         conditions for board action; repealing s.

29         288.7101, F.S., relating to the state employee

30         leasing program of the Department of Management

31         Services for employees of the Florida Black

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         Business Investment Board, Inc.; repealing s.

 2         288.713, F.S., relating to capital

 3         participation instruments; providing an

 4         appropriation and authorizing certain

 5         positions; providing an effective date.

 6  

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

 8  

 9         Section 1.  Paragraphs (g), (h), (i), and (j) of

10  subsection (2) of section 14.2015, Florida Statutes, are

11  redesignated as paragraphs (h), (i), (j), and (k),

12  respectively, and a new paragraph (g) is added to that

13  subsection, to read:

14         14.2015  Office of Tourism, Trade, and Economic

15  Development; creation; powers and duties.--

16         (2)  The purpose of the Office of Tourism, Trade, and

17  Economic Development is to assist the Governor in working with

18  the Legislature, state agencies, business leaders, and

19  economic development professionals to formulate and implement

20  coherent and consistent policies and strategies designed to

21  provide economic opportunities for all Floridians. To

22  accomplish such purposes, the Office of Tourism, Trade, and

23  Economic Development shall:

24         (g)  Administer the Black Business Loan Program, the

25  purpose of which is to leverage state, local, and private

26  funds to provide loans and loan guarantees to black business

27  enterprises that cannot obtain capital through conventional

28  lending institutions but that otherwise could compete

29  successfully in the private sector.

30         Section 2.  Section 288.702, Florida Statutes, is

31  amended to read:

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         288.702  Short title.--This section and sections

 2  288.703-288.706 This act shall be known and may be cited as

 3  the "Florida Small and Minority Business Assistance Act of

 4  1985."

 5         Section 3.  Paragraph (a) of subsection (3) of section

 6  288.703, Florida Statutes, is amended to read:

 7         288.703  Definitions.--As used in this act, the

 8  following words and terms shall have the following meanings

 9  unless the content shall indicate another meaning or intent:

10         (3)  "Minority person" means a lawful, permanent

11  resident of Florida who is:

12         (a)  An African American, a person having origins in

13  any of the black racial groups of the African Diaspora,

14  regardless of cultural origin.

15         Section 4.  Subsection (11) of section 288.706, Florida

16  Statutes, is amended, and subsection (12) is added to that

17  section, to read:

18         288.706  Florida Minority Business Loan Mobilization

19  Program.--

20         (11)  The Department of Management Services shall

21  maintain a listing of financial institutions willing to

22  participate in the Florida Minority Business Loan Mobilization

23  Program, which may include the Florida Black Business

24  Investment Board, Inc., and black business investment

25  corporations. This list of financial institutions shall not be

26  exclusive. A minority business enterprise vendor who has a

27  working relationship with a financial institution is

28  encouraged to request that the financial institution apply to

29  participate as a financial institution for the program.

30         (12)  The Department of Management Services shall

31  collaborate with the Florida Black Business Investment Board,

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  Inc., and the Office of Tourism, Trade, and Economic

 2  Development to assist in the development and enhancement of

 3  black business enterprises.

 4         Section 5.  Section 288.7065, Florida Statutes, is

 5  created to read:

 6         288.7065  Short title.--This section and sections

 7  288.707-288.714 may be cited as the "Florida Black Business

 8  Investment Act."

 9         Section 6.  Section 288.707, Florida Statutes, is

10  amended to read:

11         (Substantial rewording of section. See

12         s. 288.707, F.S., for present text.)

13         288.707  Florida Black Business Investment Board, Inc.;

14  findings; creation; membership; organization; meetings;

15  disclosure.--

16         (1)  The Legislature finds that the public interest of

17  the state will be served by the creation of a not-for-profit

18  public-private entity the primary mission of which shall be to

19  assist in the development and expansion of black business

20  enterprises by:

21         (a)  Advising the Office of Tourism, Trade, and

22  Economic Development in its oversight of the Black Business

23  Loan Program and creating long-range strategic policy for the

24  program.

25         (b)  Evaluating the unmet need for capital by black

26  business enterprises in the state.

27         (c)  Creating partnerships between state and local

28  governments and private enterprises to aid in the development

29  and expansion of black business enterprises.

30  

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         (d)  Providing a network of information resources for

 2  black business enterprises and providing technical assistance

 3  through this network.

 4         (2)(a)  There is created a not-for-profit corporation

 5  to be known as the "Florida Black Business Investment Board,

 6  Inc.," referred to in ss. 288.707-288.714 as the board, which

 7  shall be registered, incorporated, organized, and operated in

 8  compliance with chapter 617 and shall not be a unit or entity

 9  of state government. The Legislature determines, however, that

10  public policy dictates that the board operate in the most open

11  and accessible manner consistent with its public purpose.

12  Therefore, the Legislature specifically declares that the

13  board and its advisory committees or similar groups created by

14  the board, including any subsidiaries, are subject to the

15  provisions of chapter 119, relating to public records, and the

16  provisions of chapter 286, relating to public meetings and

17  records.

18         (b)  The board shall contract with the Office of

19  Tourism, Trade, and Economic Development to implement the

20  provisions of ss. 288.707-288.714.

21         (3)  The board shall be governed by a board of

22  directors chosen as follows:

23         (a)  Five members appointed by the Governor who shall

24  serve terms of 4 years each, except that in making initial

25  appointments, the Governor shall appoint three members to

26  serve for terms of 2 years each and two members to serve for

27  terms of 3 years each.

28         (b)  One member appointed by the President of the

29  Senate who shall serve a term of 2 years.

30         (c)  One member appointed by the Speaker of the House

31  of Representatives who shall serve a term of 2 years.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         (d)  The vice chair of Enterprise Florida, Inc., or his

 2  or her designee.

 3         (e)  The chair of the Florida Development Finance

 4  Corporation created pursuant to s. 288.9604.

 5         (f)  Four presidents of participating black business

 6  investment corporations who shall be appointed by the

 7  Executive Director of the Office of Tourism, Trade, and

 8  Economic Development upon the recommendation of the Florida

 9  Consortium of Black Business Investment Corporations, Inc., to

10  serve for terms of 3 years each. Each shall be eligible for

11  reappointment to one additional term of 3 years.

12         (4)  Members of the board must have experience in

13  business, including financial services, banking, or economic

14  development. At least one of the Governor's appointees must

15  have experience in venture capitalism.

16         (5)  Any person appointed to fill a vacancy on the

17  board shall be appointed in a like manner and shall serve for

18  only the remainder of the unexpired term. Any member shall be

19  eligible for reappointment.

20         (6)  The Governor shall appoint the chairperson, who

21  shall be a member of the board and shall serve at the pleasure

22  of the Governor. The board shall annually elect one of its

23  members as vice chairperson.

24         (7)  The board shall meet at least four times annually

25  upon the call of the chair or vice chair or at the request of

26  a majority of the membership. A majority of the total number

27  of current members of the board shall constitute a quorum. The

28  board may take official action by a majority vote of the

29  members present at any meeting at which a quorum is present.

30         (8)  Members of the board shall serve without

31  compensation, but members, the president of the board, and

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  other board employees may be reimbursed for all reasonable,

 2  necessary, and actual expenses as determined and approved by

 3  the board.

 4         (9)  Each member of the board who is not otherwise

 5  required to disclose financial interests pursuant to s. 8,

 6  Art. II of the State Constitution or s. 112.3144 shall file a

 7  statement of financial interests pursuant to s. 112.3145.

 8         Section 7.  Section 288.708, Florida Statutes, is

 9  amended to read:

10         288.708  President; employees.--

11         (1)  The president of the board corporation, who may

12  also be designated as secretary-treasurer, shall be appointed

13  by the board and shall serve at the pleasure of the board. The

14  board shall establish and adjust the compensation of the

15  president. The president shall be the chief administrative and

16  operational officer of the board corporation and shall direct

17  and supervise administrative affairs and the general

18  management of the board corporation. The board may delegate to

19  its president those powers and responsibilities it deems

20  appropriate, except for appointment of the president. The

21  president:

22         (a)  May contract with or employ legal and technical

23  experts and such other employees, permanent and temporary, as

24  shall be authorized by the board;

25         (b)  Shall attend meetings of the board; and

26         (c)  Shall cause copies to be made of all minutes and

27  other records and documents of the board and shall certify

28  that such copies are true copies. All persons dealing with the

29  corporation or board may rely upon such certification.

30         (2)  The corporation and its officers and board members

31  are responsible for the prudent use of all public and private

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  funds and shall ensure that the use of such funds is in

 2  accordance with all applicable laws, bylaws, or contractual

 3  requirements. An employee of the board corporation may not

 4  receive compensation for employment that exceeds the salary

 5  paid to the Governor, unless the board corporation and the

 6  employee have executed a contract that prescribes specific and

 7  measurable performance outcomes for the employee, the

 8  satisfaction of which provides the basis for the award of

 9  incentive payments that increase the employee's total

10  compensation to a level above the salary paid to the Governor.

11  The Department of Management Services shall establish a

12  lease-agreement program under which an employee of the board,

13  as of June 30, 2002, retains his or her status as a state

14  employee until the employee voluntarily or involuntarily

15  terminates his or her status with the board. Status as a state

16  employee shall include the right to participate in the Florida

17  Retirement System.

18         Section 8.  Section 288.709, Florida Statutes, is

19  amended to read:

20         288.709  Powers of the Florida Black Business

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

22  granted under chapter 617 and any powers necessary or

23  convenient to carry out and effectuate the purposes and

24  provisions of ss. 288.707-288.714, including, but not limited

25  to, the power to:

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

27  the conduct of its business and adopt policies to implement

28  the provisions of law conferring duties upon it. The Such

29  bylaws shall provide that the board corporation is subject to

30  the requirements of s. 24, Art. I of the State Constitution

31  and chapter 119 and s. 286.011.

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         (2)  Adopt an official seal.

 2         (3)  Sue and be sued in its own name.

 3         (4)  Make and execute contracts and other instruments

 4  necessary or convenient for the exercise of its power and

 5  functions.

 6         (5)  Acquire, hold, and dispose of personal property

 7  for its corporate purposes.

 8         (2)(6)  Enter into agreements or other transactions

 9  with any federal, state, or local agency or private entity.

10         (7)  Encourage financial institutions to participate in

11  consortia for the purpose of investing in black business

12  enterprises.

13         (8)  Ensure that funds available to the board for

14  purposes set forth in ss. 288.707-288.714 are disbursed on a

15  statewide basis and are not concentrated in one geographical

16  area.

17         (3)(9)  Invest any funds held in reserves or sinking

18  funds, or any funds not required for immediate disbursement,

19  in such investments as may be authorized for trust funds under

20  s. 215.47; however, such investments will be made on behalf of

21  the board by the Chief Financial Officer or by another trustee

22  appointed for that purpose.

23         (4)(10)  Appear in its own behalf before boards,

24  commissions, departments, or other agencies of municipal,

25  county, state, or Federal Government.

26         (11)  Procure insurance or require bond against any

27  loss in connection with its property in such amounts and from

28  such insurers as may be necessary or desirable.

29         (5)(12)  Apply for, accept, and disburse from any state

30  or nonstate source Receive and accept from any federal, state,

31  or local agency grants, loans, or advances for, or in aid of,

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  the purposes of ss. 288.707-288.714, and to receive and accept

 2  contributions from any source of either money, property,

 3  labor, or other things of value, to be held, used, and applied

 4  for said purposes.

 5         (13)  Create, issue, and buy and sell stock, evidences

 6  of indebtedness, and other capital participation instruments;

 7  to hold such stock, evidences of indebtedness, and capital

 8  participation instruments; and to underwrite the creation of a

 9  capital market for these securities in a manner designed to

10  enhance development of capital ownership in the target group.

11         (6)(14)  Provide and pay for such advisory services and

12  technical assistance as may be necessary or desirable to carry

13  out the purposes of this act.

14         (7)(15)  Engage in special programs to enhance the

15  development of black business enterprises as authorized by

16  this act.

17         (16)  Promote black ownership of financial institutions

18  in Florida.

19         (17)  Take, hold, and improve property, including real

20  property.

21         (18)  Do any and all things necessary or convenient to

22  carry out the purposes of, and exercise the powers given and

23  granted in, ss. 288.707-288.714, and exercise any other

24  powers, rights, or responsibilities of a corporation.

25         (8)(19)  In addition to any indemnification available

26  under chapter 617, indemnify, and purchase and maintain

27  insurance on behalf of, directors, officers, and employees of

28  the board corporation and its boards against any personal

29  liability or accountability by reason of actions taken while

30  acting within the scope of their authority.

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         (9)(20)  Provide in its bylaws that, upon the

 2  dissolution of the board corporation, all of its assets

 3  acquired through the use of state funds, after payment of all

 4  legal debts and liabilities, revert to the this state.

 5         Section 9.  Section 288.7091, Florida Statutes, is

 6  amended to read:

 7         (Substantial rewording of section. See

 8         s. 288.7091, F.S., for present text.)

 9         288.7091  Duties of the Florida Black Business

10  Investment Board, Inc.--The board shall:

11         (1)  Serve as an advisory board to the Office of

12  Tourism, Trade, and Economic Development, through contract

13  with the office, to assist the office with the implementation

14  of ss. 288.707-288.714.

15         (2)  Aid the development and expansion of black

16  business enterprises by leveraging state, local, and private

17  funds to be held by the board for use according to the

18  provisions of ss. 288.707-288.714.

19         (3)  Serve as the clearinghouse for information and

20  sources of technical assistance that will enhance the

21  development and expansion of black business enterprises and

22  facilitate the provision of technical assistance in

23  communities in which such services are otherwise underserved.

24         (4)  Aggressively market the Black Business Loan

25  Program and related services to black business enterprises

26  through all appropriate media outlets, including media

27  targeting the African-American community.

28         (5)  Collaborate with Enterprise Florida, Inc., or its

29  affiliates to develop and expand black business enterprises.

30         (6)  Collaborate with the Department of Transportation,

31  the Department of Management Services, including the Florida

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  Minority Business Loan Mobilization Program, Workforce

 2  Florida, Inc., and other state agencies and partners, the

 3  State University System, including the Florida Agricultural

 4  and Mechanical University's Institute of Urban Policy and

 5  Commerce, school boards, and local governments to create a

 6  network of information and to identify available resources to

 7  enhance the development and expansion of black business

 8  enterprises.

 9         (7)  Develop strategies to increase financial

10  institution investment in black business enterprises.

11         (8)  Provide a 5-year projection of the need for

12  capital by black business enterprises. The board may contract

13  with an independent entity to prepare the projection once

14  every 5 years.

15         (9)  Annually provide for a financial audit, as defined

16  in s. 11.45, of the board's accounts and records by an

17  independent certified public accountant. The audit shall

18  include an explanation of all investments made by the board

19  and an explanation of administrative costs. Within 6 months

20  after the end of the fiscal year, the audit report shall be

21  provided to the Governor, the President of the Senate, the

22  Speaker of the House of Representatives, and the Auditor

23  General.

24         Section 10.  Section 288.7094, Florida Statutes, is

25  created to read:

26         288.7094  Black business investment corporations.--

27         (1)  The term "black business investment corporation"

28  means a corporation that provides loans, loan guarantees, or

29  investments to black business enterprises under ss.

30  288.707-288.714.

31  

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         (2)  A black business investment corporation that meets

 2  the requirements of s. 288.7102(3) is eligible to participate

 3  in the Black Business Loan Program and shall receive priority

 4  consideration by the Office of Tourism, Trade, and Economic

 5  Development for participation in the program.

 6         Section 11.  Section 288.7102, Florida Statutes, is

 7  created to read:

 8         288.7102  Black Business Loan Program.--The Black

 9  Business Loan Program is established in the Office of Tourism,

10  Trade, and Economic Development. Under the program, the office

11  shall disburse funds appropriated by the Legislature, through

12  eligible recipients, to black business enterprises that cannot

13  obtain capital through conventional lending institutions but

14  that could otherwise compete successfully in the private

15  sector. In creating this program, the Legislature finds that

16  the public interest of the state has been served with respect

17  to the use of any state funds received by the Florida Black

18  Business Investment Board, Inc., and any black business

19  investment corporation prior to and through fiscal year

20  2005-2006.

21         (1)  The board shall establish a uniform, open, and

22  competitive application and annual certification process for

23  eligible recipients who seek funds to provide loans, loan

24  guarantees, or investments to black business enterprises

25  pursuant to the Florida Black Business Investment Act.

26         (2)  The office, in consultation with the board, shall

27  develop an allocation policy to ensure that services provided

28  under ss. 288.707-288.714 for the benefit of black business

29  enterprises are disbursed equitably throughout the state. The

30  board shall facilitate the formation of black business

31  

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  investment corporations in communities that are not served by

 2  such corporations.

 3         (3)  To be eligible to receive funds and provide loans,

 4  loan guarantees, or investments under this section, a

 5  recipient must:

 6         (a)  Be a corporation registered in the state.

 7         (b)  Demonstrate that its board of directors includes

 8  citizens of the state experienced in the development of black

 9  business enterprises.

10         (c)  Demonstrate that the recipient has a business plan

11  that allows the recipient to operate in a manner consistent

12  with ss. 288.707-288.714 and the rules of the office.

13         (d)  Demonstrate that the recipient has the technical

14  skills to analyze and evaluate applications by black business

15  enterprises for loans, loan guarantees, or investments.

16         (e)  Demonstrate that the recipient has established

17  viable partnerships with public and private funding sources,

18  economic development agencies, and workforce development and

19  job referral networks.

20         (f)  Demonstrate that the recipient can provide a

21  private match equal to 20 percent of the amount of funds

22  provided by the office.

23         (g)  Agree to maintain the recipient's books and

24  records relating to funds received by the office according to

25  generally accepted accounting principles and in accordance

26  with the requirements of s. 215.97(7) and to make those books

27  and records available to the office for inspection upon

28  reasonable notice.

29         (4)  The board shall annually certify each eligible

30  recipient, who must meet the provisions of ss.

31  288.707-288.714, the terms of the contract between the

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  recipient and the office, and any other applicable state or

 2  federal laws. An entity may not receive funds under ss.

 3  288.707-288.714 unless the entity meets annual certification

 4  requirements.

 5         (5)  The office shall consult with the board in

 6  implementing the provisions of this section.

 7         (6)(a)  The office, in consultation with the board,

 8  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to

 9  implement this section.

10         (b)  The board shall adopt policies and procedures

11  necessary to implement this section.

12         Section 12.  Section 288.71025, Florida Statutes, is

13  created to read:

14         288.71025  Prohibited acts; penalties.--

15         (1)  It is unlawful for any person to hold itself out

16  as a black business investment corporation without being

17  certified by the board as eligible to participate in the

18  Florida Black Business Loan Program.

19         (2)  The board may file a civil complaint and impose a

20  fine of $500 on any person violating subsection (1). Any funds

21  received from such fines shall be appropriated to the board

22  for any and all of the purposes and uses provided in the

23  Florida Black Business Investment Act.

24         Section 13.  Section 288.7103, Florida Statutes, is

25  created to read:

26         288.7103  Eligibility for loan, loan guarantee, or

27  investment.--A black business enterprise is not eligible to

28  receive a loan, loan guarantee, or investment unless the black

29  business enterprise demonstrates that:

30         (1)  The proposed loan, loan guarantee, or investment

31  is economically sound and will assist the black business

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  enterprise in entering the conventional lending market,

 2  increasing opportunities for employment, and strengthening the

 3  economy of the state.

 4         (2)  The black business enterprise will be able to

 5  compete successfully in the private sector if the black

 6  business enterprise obtains the requested financial assistance

 7  and has obtained or will obtain appropriate and credible

 8  technical or managerial support through an organization

 9  approved by the corporation.

10         Section 14.  Section 288.711, Florida Statutes, is

11  amended to read:

12         288.711  Florida Black Business Loan Program Investment

13  Incentive Trust Fund.--

14         (1)  There is hereby created the Florida Black Business

15  Loan Program Investment Incentive Trust Fund in the Office of

16  Tourism, Trade, and Economic Development for the purpose of

17  providing loans or loan guarantees under the Black Business

18  Loan Program as provided in s. 288.7102 from which money may

19  be drawn for loans, loan guarantees, or investments or loans,

20  as authorized by this section, to encourage the development of

21  appropriate financial mechanisms in the private sector to

22  capitalize and assist in the development of black business

23  enterprises. All income earned by investments of the fund

24  shall be deposited in the fund for carrying out the purposes

25  of ss. 288.707-288.714. Administrative costs of the program

26  shall be appropriated in a lump-sum appropriation from the

27  fund created herein and shall be provided in the General

28  Appropriations Act.

29         (2)  A black business investment corporation is

30  authorized to use funds received from the Florida Black

31  Business Loan Program Trust Fund in The board is authorized to

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  invest from the Florida Investment Incentive Trust Fund in

 2  black business investment corporations which conduct, or agree

 3  to conduct, programs of assisting the development of black

 4  business enterprises. Such investments shall be made under

 5  conditions required by law and as the board may, from time to

 6  time, require and may take any of the following forms:

 7         (a)  Purchases of stock, preferred or common, voting or

 8  nonvoting, as determined by the board; however, no more than

 9  40 percent of the funds may be used for direct investments in

10  black business enterprises;

11         (b)  Loans or loan guarantees, with or without

12  recourse, in either a subordinated or priority position, as

13  determined by the board; provided, however, that no more than

14  20 percent of the capital base may be used for direct loans to

15  black business enterprises; or

16         (c)  Technical support to black business enterprises,

17  not to exceed 7 percent of the funds received, and direct

18  administrative costs, not to exceed 10 percent of the funds

19  received Any other investment authorized by the board based on

20  the expertise of its members.

21         (3)  It is the intent of the Legislature that if any

22  one type of investment mechanism authorized in subsection (2)

23  is held to be invalid all other valid mechanisms remain

24  available.

25         (4)  All loans, loan guarantees, and investments, and

26  any income related thereto, shall be used to carry out the

27  public purpose of ss. 288.707-288.714, which is to develop

28  black business enterprises. This is not meant to preclude a

29  reasonable profit for the participating black business

30  investment corporation or for return of equity developed to

31  the state and participating financial institutions upon any

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  distribution of the assets or excess income of the investment

 2  corporation.

 3         Section 15.  Section 288.712, Florida Statutes, is

 4  amended to read:

 5         (Substantial rewording of section. See

 6         s. 288.712, F.S., for present text.)

 7         288.712  Guarantor funds.--

 8         (1)  The board is authorized to establish, with or

 9  without public or private partners, guarantor funds to assist

10  qualified black business enterprises in obtaining surety bonds

11  and other credit instruments when required.

12         (2)  The board may contract with a regulated surety

13  company to conduct a surety bond program for black business

14  enterprises.

15         (3)  There is hereby created the Black Contractors Bond

16  Trust Fund. For purposes of this section, the board may

17  utilize the Black Contractors Bond Trust Fund, consisting of

18  moneys deposited or credited to the Black Contractors Bond

19  Trust Fund pursuant to any appropriation made by law; any

20  grants, gifts, and contributions received pursuant to ss.

21  288.707-288.714; all moneys recovered following defaults; and

22  any other moneys obtained by the board for this purpose. The

23  fund shall be administered by the board in trust for the

24  purposes of this section and shall at no time be part of

25  general public funds under the following procedures:

26         (a)  Any claims against the state arising from defaults

27  shall be payable from the Black Contractors Bond Program

28  Administrative and Loss Reserve Fund as provided in this

29  section or from the Black Contractors Bond Trust Fund. Nothing

30  in this section grants or pledges to any obligee or other

31  person any state moneys other than the moneys in the Black

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  Contractors Bond Program Administrative and Loss Reserve Fund

 2  or the Black Contractors Bond Trust Fund.

 3         (b)  There is hereby created the Black Contractors Bond

 4  Program Administrative and Loss Reserve Fund, consisting of

 5  all premiums charged and collected in accordance with this

 6  section and any interest income earned from the moneys in the

 7  Black Contractors Bond Trust Fund.

 8         (c)  The board may guarantee bonds executed by sureties

 9  for black business enterprises under this section as

10  principals on contracts with the state, any political

11  subdivision or instrumentality, or any person as the obligee.

12  The board, as guarantor, may exercise all the rights and

13  powers of a company authorized by the Department of Financial

14  Services to guarantee bonds under chapter 624, but otherwise

15  is not subject to any laws related to a guaranty company under

16  chapter 624 or to any rules of the department.

17         (d)  The board shall adopt policies and procedures for

18  the application for bond guarantees and for the review and

19  approval of applications for bond guarantees submitted by

20  sureties that execute bonds eligible for guarantees under this

21  section.

22         (e)  In accordance with the policies and procedures

23  adopted pursuant to this section, the board may guarantee up

24  to 90 percent of the loss incurred and paid by sureties on

25  bonds guaranteed under this section.

26         (f)  The policies and procedures of the board shall

27  require the black business enterprise to pay a premium in

28  advance for the bond to be established by the board. All

29  premiums paid by the black business enterprise shall be paid

30  into the Black Contractors Bond Program Administrative and

31  Loss Reserve Fund.

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         (g)  The penal sum amounts of all outstanding bonds

 2  issued by the board shall not exceed the amount of moneys in

 3  the Black Contractors Bond Trust Fund.

 4         (h)  Any funds to the credit of the Black Contractors

 5  Bond Program Administrative and Loss Reserve Fund in excess of

 6  the amount necessary to fund the appropriation authority for

 7  the fund shall be held as a loss reserve to pay claims arising

 8  from defaults on surety bonds guaranteed in accordance with

 9  this section. If the balance of funds in the Black Contractors

10  Bond Administrative and Loss Reserve Fund is insufficient to

11  pay a claim against the state arising from default, then the

12  claim shall be payable from the Black Contractors Bond Trust

13  Fund.

14         (4)  Nothing in this section shall be construed to

15  prohibit or restrict the board from entering into a joint

16  venture or other contractual agreement with a private insurer

17  or to invest in a private entity to handle all or part of a

18  black contractors bonding program for black business

19  enterprises. The board is authorized and encouraged to

20  contract with a regulated surety company to conduct a surety

21  bond program for black business enterprises. Moneys from the

22  Black Contractors Bond Trust Fund may be used for these

23  purposes. The board may approve one application per fiscal

24  year from each surety company to support one fiscal year of

25  that company's activities under this section. A surety bond

26  company that applies for a bond guarantee under this section,

27  regardless of whether the guarantee is approved, is not

28  restricted from also applying for individual bond guarantees

29  under this section.

30         (5)  The board shall do all of the following to

31  implement the black contractors bonding program:

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         (a)  Conduct outreach, marketing, and recruitment of

 2  black contractors.

 3         (b)  Provide assistance to the Office of Supplier

 4  Diversity within the Department of Management Services, as

 5  needed, to certify new black business enterprises and to train

 6  appropriate department staff.

 7         (c)  Provide business development services to black

 8  business enterprises in the developmental and transitional

 9  stages of the program, including financing and bonding

10  assistance and management and technical assistance.

11         (d)  Develop a mentor program to bring businesses into

12  a working relationship with black contractors in a way that

13  commercially benefits both entities and serves the purpose of

14  the program.

15         (e)  No later than December 31, 2007, prepare and

16  submit to the Governor a detailed report outlining and

17  evaluating the progress made in implementing the black

18  contractors bonding program.

19         (f)  Establish a process by which black contractors may

20  apply for contract assistance, financial and bonding

21  assistance, management and technical assistance, and mentoring

22  opportunities.

23         Section 16.  Section 288.714, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

26         s. 288.714, F.S., for present text.)

27         288.714  Quarterly and annual reports.--

28         (1)  Each recipient of state funds under ss.

29  288.707-288.712 shall provide to the board a quarterly report

30  within 15 days after the end of each calendar quarter that

31  includes a detailed summary of the recipient's performance of

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  the duties imposed by ss. 288.707-288.712, including, but not

 2  limited to:

 3         (a)  The dollar amount of all loans or loan guarantees

 4  made to black business enterprises, the percentages of the

 5  loans guaranteed, and the names and identification of the

 6  types of businesses served.

 7         (b)  Loan performance information.

 8         (c)  The amount and nature of all other financial

 9  assistance provided to black business enterprises.

10         (d)  The amount and nature of technical assistance

11  provided to black business enterprises, including technical

12  assistance services provided in areas in which such services

13  are otherwise unavailable.

14         (e)  A balance sheet for the recipient, including an

15  explanation of all investments and administrative and

16  operational expenses.

17         (f)  A summary of all services provided to non-black

18  business enterprises, including the dollar value and nature of

19  such services and the names and identification of the types of

20  businesses served.

21         (g)  Any other information as required by the board by

22  rule.

23         (2)  By May 1 of each year, the board shall provide to

24  the Governor, the President of the Senate, and the Speaker of

25  the House of Representatives a detailed report of the

26  performance of the Black Business Loan Program, including:

27         (a)  A cumulative summary of quarterly report data

28  required by subsection (1).

29         (b)  A description of the strategies implemented by the

30  board to increase private investment in black business

31  enterprises.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1         (c)  A summary of the board's performance of its duties

 2  under ss. 288.707-288.712.

 3         (d)  The most recent 5-year projection of the need for

 4  capital by black business enterprises.

 5         (e)  Recommendations for legislative or other changes

 6  to enhance the development and expansion of black business

 7  enterprises in the state.

 8         (f)  A projection of the program's activities during

 9  the next 12 months.

10         Section 17.  Subsection (4) of section 288.9015,

11  Florida Statutes, is amended to read:

12         288.9015  Enterprise Florida, Inc.; purpose; duties.--

13         (4)  Enterprise Florida, Inc., shall incorporate the

14  needs of small and minority businesses into the

15  economic-development, international-trade and

16  reverse-investment, and workforce-development responsibilities

17  assigned to the organization by this section. Where

18  practicable and consistent with the expertise of the Black

19  Business Investment Board, Inc., Enterprise Florida, Inc.,

20  shall collaborate contract with the Florida Black Business

21  Investment Board, Inc., and the Office of Tourism, Trade, and

22  Economic Development corporation for the delivery of services

23  in fulfillment of the responsibilities of Enterprise Florida,

24  Inc., relating to small and minority businesses.

25         Section 18.  The Office of Program Policy Analysis and

26  Government Accountability shall prepare a status report on the

27  initial implementation of the Florida Black Business

28  Investment Act by the Office of Tourism, Trade, and Economic

29  Development and shall provide the report to the Governor, the

30  President of the Senate, and the Speaker of the House of

31  Representatives by December 1, 2008. The office shall a

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2860
    18-1684-07                                         See HB 1283




 1  conduct a program review of the Office of Tourism, Trade, and

 2  Economic Development's performance in meeting the goals of the

 3  Florida Black Business Investment Act and shall provide a

 4  report to the Governor, the President of the Senate, and the

 5  Speaker of the House of Representatives by December 1, 2009.

 6         Section 19.  Subsection (6) of section 288.90151,

 7  Florida Statutes, is amended to read:

 8         288.90151  Return on investment from activities of

 9  Enterprise Florida, Inc.--

10         (6)  Enterprise Florida, Inc., shall fully comply with

11  the performance measures, standards, and sanctions in its

12  contracts with the Office of Tourism, Trade, and Economic

13  Development under s. 14.2015(2)(i)(h) and (7). The Office of

14  Tourism, Trade, and Economic Development shall ensure, to the

15  maximum extent possible, that the contract performance

16  measures are consistent with performance measures that the

17  office is required to develop and track under

18  performance-based program budgeting.

19         Section 20.  Sections 288.7092, 288.7095, 288.71,

20  288.7101, and 288.713, Florida Statutes, are repealed.

21         Section 21.  The sum of $8.5 million is appropriated

22  from the General Revenue Fund to the Office of Tourism, Trade,

23  and Economic Development for the 2007-2008 fiscal year for

24  purposes of implementing and administering the Black Business

25  Loan Program, and 3 full-time equivalent positions and

26  $500,000 for operation are authorized.

27         Section 22.  This act shall take effect July 1, 2007.

28  

29  

30  

31  

                                  28

CODING: Words stricken are deletions; words underlined are additions.