1 | A bill to be entitled |
2 | An act relating to economic development; amending s. |
3 | 320.08058, F.S.; removing a timeframe restriction on the |
4 | use of proceeds from the Professional Sports Development |
5 | Trust Fund for operational expenses of the Florida Sports |
6 | Foundation and financial support of the Sunshine State |
7 | Games; amending s. 288.7102, F.S.; revising provisions |
8 | relating to the application and certification process for |
9 | the Black Business Loan Program; providing requirements |
10 | concerning distribution of program funding; amending s. |
11 | 288.7094, F.S.; conforming a cross-reference; providing an |
12 | effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Paragraph (b) of subsection (9) of section |
17 | 320.08058, Florida Statutes, is amended to read: |
18 | 320.08058 Specialty license plates.-- |
19 | (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.-- |
20 | (b) The license plate annual use fees are to be annually |
21 | distributed as follows: |
22 | 1. Fifty-five percent of the proceeds from the Florida |
23 | Professional Sports Team plate must be deposited into the |
24 | Professional Sports Development Trust Fund within the Office of |
25 | Tourism, Trade, and Economic Development. These funds must be |
26 | used solely to attract and support major sports events in this |
27 | state. As used in this subparagraph, the term "major sports |
28 | events" means, but is not limited to, championship or all-star |
29 | contests of Major League Baseball, the National Basketball |
30 | Association, the National Football League, the National Hockey |
31 | League, the men's and women's National Collegiate Athletic |
32 | Association Final Four basketball championship, or a horseracing |
33 | or dogracing Breeders' Cup. All funds must be used to support |
34 | and promote major sporting events, and the uses must be approved |
35 | by the Florida Sports Foundation. |
36 | 2. The remaining proceeds of the Florida Professional |
37 | Sports Team license plate must be allocated to the Florida |
38 | Sports Foundation, a direct-support organization of the Office |
39 | of Tourism, Trade, and Economic Development. These funds must be |
40 | deposited into the Professional Sports Development Trust Fund |
41 | within the Office of Tourism, Trade, and Economic Development. |
42 | These funds must be used by the Florida Sports Foundation to |
43 | promote the economic development of the sports industry; to |
44 | distribute licensing and royalty fees to participating |
45 | professional sports teams; to promote education programs in |
46 | Florida schools that provide an awareness of the benefits of |
47 | physical activity and nutrition standards; to partner with the |
48 | Department of Education and the Department of Health to develop |
49 | a program that recognizes schools whose students demonstrate |
50 | excellent physical fitness or fitness improvement; to institute |
51 | a grant program for communities bidding on minor sporting events |
52 | that create an economic impact for the state; to distribute |
53 | funds to Florida-based charities designated by the Florida |
54 | Sports Foundation and the participating professional sports |
55 | teams; and to fulfill the sports promotion responsibilities of |
56 | the Office of Tourism, Trade, and Economic Development. |
57 | 3. The Florida Sports Foundation shall provide an annual |
58 | financial audit in accordance with s. 215.981 of its financial |
59 | accounts and records by an independent certified public |
60 | accountant pursuant to the contract established by the Office of |
61 | Tourism, Trade, and Economic Development as specified in s. |
62 | 288.1229(5). The auditor shall submit the audit report to the |
63 | Office of Tourism, Trade, and Economic Development for review |
64 | and approval. If the audit report is approved, the office shall |
65 | certify the audit report to the Auditor General for review. |
66 | 4. For the 2007-2008 fiscal year only and Notwithstanding |
67 | the provisions of subparagraphs 1. and 2., proceeds from the |
68 | Professional Sports Development Trust Fund may also be used for |
69 | operational expenses of the Florida Sports Foundation and |
70 | financial support of the Sunshine State Games. This subparagraph |
71 | expires July 1, 2008. |
72 | Section 2. Section 288.7102, Florida Statutes, is amended |
73 | to read: |
74 | 288.7102 Black Business Loan Program.-- |
75 | (1) The Black Business Loan Program is established in the |
76 | Office of Tourism, Trade, and Economic Development. Under the |
77 | program, the office shall annually certify eligible recipients |
78 | and subsequently disburse funds appropriated by the Legislature, |
79 | through such eligible recipients, to black business enterprises |
80 | that cannot obtain capital through conventional lending |
81 | institutions but that could otherwise compete successfully in |
82 | the private sector. |
83 | (2)(1) The office shall establish an a uniform, open, and |
84 | competitive application and annual certification process for |
85 | entities seeking eligible recipients who seek funds to |
86 | participate in providing provide loans, loan guarantees, or |
87 | investments in black business enterprises pursuant to the |
88 | Florida Black Business Investment Act. The board shall receive |
89 | the applications and make recommendations for certification to |
90 | the office. The office shall processes all applications and |
91 | recertifications submitted by July 1 on or before September 30. |
92 | (3) If the Black Business Loan Program is appropriated any |
93 | funding in a fiscal year, the office shall distribute an equal |
94 | amount of the appropriation, calculated as the total annual |
95 | appropriation divided by the total number of program recipients |
96 | certified on or before September 30 of that fiscal year. |
97 | (2) The office, in consultation with the board, shall |
98 | develop an allocation policy to ensure that services provided |
99 | under ss. 288.707-288.714 for the benefit of black business |
100 | enterprises are disbursed equitably throughout the state. The |
101 | board shall facilitate the formation of black business |
102 | investment corporations in communities that are not served by |
103 | such corporations. |
104 | (4)(3) To be eligible to receive funds and provide loans, |
105 | loan guarantees, or investments under this section, a recipient |
106 | must: |
107 | (a) Be a corporation registered in the state. |
108 | (b) Demonstrate that its board of directors includes |
109 | citizens of the state experienced in the development of black |
110 | business enterprises. |
111 | (c) Demonstrate that the recipient has a business plan |
112 | that allows the recipient to operate in a manner consistent with |
113 | ss. 288.707-288.714 and the rules of the office. |
114 | (d) Demonstrate that the recipient has the technical |
115 | skills to analyze and evaluate applications by black business |
116 | enterprises for loans, loan guarantees, or investments. |
117 | (e) Demonstrate that the recipient has established viable |
118 | partnerships with public and private funding sources, economic |
119 | development agencies, and workforce development and job referral |
120 | networks. |
121 | (f) Demonstrate that the recipient can provide a private |
122 | match equal to 20 percent of the amount of funds provided by the |
123 | office. |
124 | (g) Agree to maintain the recipient's books and records |
125 | relating to funds received by the office according to generally |
126 | accepted accounting principles and in accordance with the |
127 | requirements of s. 215.97(7) and to make those books and records |
128 | available to the office for inspection upon reasonable notice. |
129 | (5)(4) The board shall annually recommend to the office |
130 | certification of each eligible recipient, who must meet the |
131 | provisions of ss. 288.707-288.714, the terms of the contract |
132 | between the recipient and the office, and any other applicable |
133 | state or federal laws. An entity may not receive funds under ss. |
134 | 288.707-288.714 unless the entity meets annual certification |
135 | requirements. |
136 | (6)(5) Upon approval by the office and prior to release of |
137 | the funds as provided in this section, the office shall issue a |
138 | letter certifying the applicant as qualified for an award. The |
139 | office and the applicant shall enter into an agreement that sets |
140 | forth the conditions for award of the funds. The agreement must |
141 | include the total amount of funds awarded; the performance |
142 | conditions that must be met once the funding has been awarded, |
143 | including, but not limited to, compliance with all of the |
144 | requirements of this section for eligible recipients of funds |
145 | under this section; and sanctions for failure to meet |
146 | performance conditions, including any provisions to recover |
147 | awards. |
148 | (7)(6)(a) The office, in consultation with the board, |
149 | shall adopt rules pursuant to ss. 120.536(1) and 120.54 to |
150 | implement this section. |
151 | (b) The board shall adopt policies and procedures |
152 | necessary to implement this section. |
153 | (8)(7) A black business investment corporation certified |
154 | by the office as an eligible recipient under this section is |
155 | authorized to use funds appropriated for the Black Business Loan |
156 | Program in any of the following forms: |
157 | (a) Purchases of stock, preferred or common, voting or |
158 | nonvoting; however, no more than 40 percent of the funds may be |
159 | used for direct investments in black business enterprises; |
160 | (b) Loans or loan guarantees, with or without recourse, in |
161 | either a subordinated or priority position; or |
162 | (c) Technical support to black business enterprises, not |
163 | to exceed 7 percent of the funds received, and direct |
164 | administrative costs, not to exceed 10 percent of the funds |
165 | received. |
166 | (9)(8) It is the intent of the Legislature that if any one |
167 | type of investment mechanism authorized in subsection (8) (7) is |
168 | held to be invalid, all other valid mechanisms remain available. |
169 | (10)(9) All loans, loan guarantees, and investments, and |
170 | any income related thereto, shall be used to carry out the |
171 | public purpose of ss. 288.707-288.714, which is to develop black |
172 | business enterprises. This subsection does not preclude a |
173 | reasonable profit for the participating black business |
174 | investment corporation or for return of equity developed to the |
175 | state and participating financial institutions upon any |
176 | distribution of the assets or excess income of the investment |
177 | corporation. |
178 | Section 3. Subsection (2) of section 288.7094, Florida |
179 | Statutes, is amended to read: |
180 | 288.7094 Black business investment corporations.-- |
181 | (2) A black business investment corporation that meets the |
182 | requirements of s. 288.7102(4)(3) is eligible to participate in |
183 | the Black Business Loan Program and shall receive priority |
184 | consideration by the Office of Tourism, Trade, and Economic |
185 | Development for participation in the program. |
186 | Section 4. This act shall take effect July 1, 2008. |