Florida Senate - 2008 SB 2714
By Senator Fasano
11-03831A-08 20082714__
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A bill to be entitled
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An act relating to economic development; creating s.
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288.097, F.S.; establishing Building Florida's Future
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Revolving Loan Guarantee Program within the Office of
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Tourism, Trade, and Economic Development; providing for
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the program to provide loan guarantees or credit
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enhancements to units of local government or to private
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entities for use in constructing or modernizing facilities
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and infrastructure necessary to attract or expand certain
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industries as part of an economic-development project;
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providing requirements and criteria for the office to
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consider in evaluating requests; requiring Enterprise
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Florida, Inc., to assist the office in its evaluation;
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requiring the Office of Tourism, Trade, and Economic
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Development to adopt rules; requiring that the office
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provide an annual report to the Legislature regarding the
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program; providing an appropriation; providing a
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contingent effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 288.097, Florida Statutes, is created to
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read:
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288.097 Building Florida's Future Revolving Loan Guarantee
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Program.--
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(1) There is created within the Office of Tourism, Trade,
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and Economic Development the Building Florida's Future Revolving
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Loan Guarantee Program. The purpose of the program is to provide
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loan guarantees or credit enhancements to units of local
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government or private entities seeking financing to construct or
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modernize facilities and infrastructure necessary to attract or
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expand targeted industries as part of an economic-development
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project. As used in this section, the term "targeted industries"
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means those industries referenced in s. 288.106(1)(o).
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(2) The program may provide loan guarantees or other credit
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enhancements to applicants seeking financing for the following
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purposes:
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(a) The acquisition of land, buildings, or fixed equipment;
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(b) Site preparation and the construction or reconstruction
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of buildings; or
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(c) The installation of or provision of access to
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telecommunications, energy sources, or other utilities.
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(3)(a) All moneys available within the program's trust
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fund, including investment earnings, are designated to carry out
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the purposes of this section.
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(b) Any funds within the trust fund which are not needed on
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an immediate basis for loan guarantees or credit enhancements may
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be invested pursuant to s. 215.49. The cost of administering the
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program may be paid from reasonable service fees that may be
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imposed upon applicants so as to enhance program perpetuity.
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(4) The office also shall consider, but need not be limited
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to, the following criteria in evaluating projects for assistance:
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(a) A demonstration that the project would create or
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enhance economic benefits.
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(b) The likelihood that the loan guarantee or credit
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enhancement would enable the project to proceed.
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(c) The extent to which assistance would foster innovative
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public-private partnerships and attract private debt or equity
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investment.
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(d) The creditworthiness of the entity or entities applying
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to the program.
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(e) Whether the project is consistent, to the maximum
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extent feasible, with local government comprehensive plans.
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(5) Enterprise Florida, Inc., shall assist the office in
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evaluating applications and determining whether an applicant
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meets the conditions of subsection (4).
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(6) The office shall maintain an unencumbered balance of at
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least $ million in the Building Florida's Future Revolving
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Loan Guarantee Trust Fund at all times.
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(7) The office shall adopt rules to administer the program,
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including, but not limited to, development of the application
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forms, deadlines for submitting applications, requirements for
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the selection process, and requirements for audits.
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(8) The office shall submit to the President of the Senate
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and the Speaker of the House of Representatives an annual report
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concerning activity within the program. The first report shall be
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submitted on January 5, 2009, and subsequent reports shall be
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submitted on January 5 every year thereafter, so long as the
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revolving fund exists.
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Section 2. For the 2008-2009 fiscal year, the sum of
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$__million is appropriated from the General Revenue Fund to the
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Building Florida's Future Revolving Trust Fund which shall be
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used by the Office of Tourism, Trade, and Economic Development
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for the purposes of administering this act. Notwithstanding the
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provisions of s. 216.301, the unexpended balance of this
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appropriation shall not revert.
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Section 3. This act shall take effect July 1, 2008, if
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Senate Bill ____ or similar legislation is adopted in the same
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legislative session or an extension thereof and becomes law.
CODING: Words stricken are deletions; words underlined are additions.