Florida Senate - 2009 SB 2678 By Senator Joyner 18-01715-09 20092678__ 1 A bill to be entitled 2 An act relating to economic development; creating s. 3 288.7017, F.S.; providing a short title; creating the 4 Microenterprise Development Program within the Office 5 of Tourism, Trade, and Economic Development; providing 6 the purpose of the program; providing definitions; 7 requiring the office to select community development 8 financial institutions to issue microenterprise loans 9 and provide business skills development services for 10 microentrepreneurs; providing criteria and application 11 procedures for the selection of community development 12 financial institutions; requiring that the office give 13 priority to the selection of certain community 14 development financial institutions; requiring a 15 community development financial institution to enter 16 into a grant agreement; providing eligibility criteria 17 for the award of loans to microenterprises; providing 18 application procedures; requiring loan agreements; 19 providing terms of loans; providing for use of loan 20 proceeds; providing for the disbursement of certain 21 funds from the Economic Development Trust Fund; 22 providing for the collection and deposit of loan 23 payments; requiring community development financial 24 institutions to submit a report to the office; 25 providing that certain financial instruments used to 26 secure loans are exempt from certain taxes; providing 27 for reversion and carryforward of certain unexpended 28 appropriations; requiring a community development 29 financial institution to enter into a grant agreement; 30 authorizing a community development financial 31 institution to subcontract for certain services; 32 specifying that business skills development services 33 must include certain activities; requiring community 34 development financial institutions to submit a report 35 to the office; requiring that grant funds be used only 36 for expenditures that meet certain federal matching 37 requirements; requiring the office to submit a report 38 to the Governor and Legislature; requiring the office 39 to adopt rules; providing an appropriation; providing 40 an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Section 288.7017, Florida Statutes, is created 45 to read: 46 288.7017 Microenterprise Development Program.— 47 (1) SHORT TITLE.—This section may be cited as the “Florida 48 Microenterprise Development Act.” 49 (2) CREATION AND PURPOSE OF PROGRAM.—The Microenterprise 50 Development Program is created within the Office of Tourism, 51 Trade, and Economic Development. The purpose of the program is 52 to provide grants to community development financial 53 institutions used to provide microenterprise loans and business 54 skills development services for microentrepreneurs to match 55 federal funds for the development and support of investment 56 areas or targeted populations. 57 (3) DEFINITIONS.—As used in this section, the term: 58 (a) “Community development financial institution” means a 59 community development financial institution selected by the 60 Community Development Financial Institutions Fund pursuant to 12 61 U.S.C. s. 4706 to receive financial assistance from the Federal 62 Government. 63 (b) “Investment area” has the same meaning as in 12 U.S.C. 64 s. 4702. 65 (c) “Microenterprise” means a business that is eligible for 66 financial assistance from a community development financial 67 institution under 12 U.S.C. s. 4707(b), that employs five or 68 fewer persons, and that is located in an investment area or 69 whose owner is a member of a targeted population. 70 (d) “Microentrepreneur” means the current or prospective 71 owner of a microenterprise. 72 (e) “Office” means the Office of Tourism, Trade, and 73 Economic Development. 74 (f) “Targeted population” has the same meaning as in 12 75 U.S.C. s. 4702. 76 (4) SELECTION OF COMMUNITY DEVELOPMENT FINANCIAL 77 INSTITUTIONS; APPLICATION.—The office shall select one or more 78 community development financial institutions to participate in 79 the program. A community development financial institution 80 seeking to participate must apply to the office in the format 81 and according to the procedures prescribed by the office. An 82 application must include: 83 (a) The applicant’s name and federal employer 84 identification number. 85 (b) The street address of the applicant’s principal place 86 of business in this state. 87 (c) Evidence that the applicant is a community development 88 financial institution. 89 (d) A copy of the applicant’s comprehensive strategic plan 90 submitted to the Community Development Financial Institutions 91 Fund pursuant to 12 U.S.C. s. 4704. 92 (e) A copy of the current assistance agreement entered into 93 between the applicant and the Community Development Financial 94 Institutions Fund pursuant to 12 U.S.C. s. 4707 and evidence 95 that the applicant has substantially met its performance goals 96 and otherwise carried out its responsibilities under the 97 assistance agreement. 98 (f) A detailed description of the investment area or 99 targeted population that the applicant intends to serve using 100 the grant funds provided under this section. 101 (g) The number of net new full-time equivalent jobs that, 102 as a result of the grant, the applicant proposes to create in 103 this state and the average annual wages of the proposed jobs. 104 (h) If the applicant proposes to issue microenterprise 105 loans under subsection (5), the applicant’s plan for its 106 proposed lending activities, including, but not limited to, a 107 description of its outreach efforts, underwriting, credit 108 policies and procedures, credit decision processes, monitoring 109 policies and procedures, collection practices, and samples of 110 its current loan documentation. The office shall give priority 111 to the selection of a community development financial 112 institution that has the capacity to issue all available loans 113 within 2 years after being selected. 114 (i) If the applicant proposes to provide business skills 115 development services for microentrepreneurs under subsection 116 (6), the applicant’s plan for its proposed training activities, 117 including, but not limited to, a description of its outreach 118 efforts, a description of the business skills development 119 services to be provided, whether the applicant plans to provide 120 the services directly, and, if not, the name of the community 121 organization with whom the applicant plans to subcontract for 122 those services. 123 (5) MICROENTERPRISE LOANS.— 124 (a) The office, upon selecting a community development 125 financial institution to issue microenterprise loans, shall 126 enter into a grant agreement with the institution. The grant 127 agreement must specify the aggregate amount of the loans 128 authorized for award by the community development financial 129 institution. The office may terminate the agreement at any time 130 if the community development financial institution fails to meet 131 minimum performance standards set by the office. The grant 132 agreement may be amended by mutual consent of both parties. 133 (b) To be eligible for a loan, a borrower must be a 134 microenterprise. A borrower must submit a written application to 135 the community development financial institution in the format 136 prescribed by the institution. The application, at a minimum, 137 must include: 138 1. The loan applicant’s federal employer identification 139 number, unemployment account number, and sales or other tax 140 registration number. 141 2. The street address of the applicant’s principal place of 142 business in this state. 143 3. A description of the type of economic activity, product, 144 or research and development undertaken by the applicant, 145 including the six-digit North American Industry Classification 146 System code for each type of economic activity conducted by the 147 applicant. 148 4. The applicant’s annual revenue, number of employees, and 149 number of full-time equivalent employees. 150 5. The projected investment in the business, if any, which 151 the applicant proposes in conjunction with the loan. 152 6. The total investment in the business from all sources, 153 if any, which the applicant proposes in conjunction with the 154 loan. 155 7. The number of net new full-time equivalent jobs that, as 156 a result of the loan, the applicant proposes to create in this 157 state as of December 31 of each year and the average annual 158 wages of the proposed jobs. 159 8. The total number of full-time equivalent employees the 160 applicant currently employs in this state. 161 9. The date that the applicant anticipates it needs the 162 loan. 163 10. A detailed explanation of how the loan will assist the 164 applicant in expanding jobs in the state. 165 11. A statement that all of the applicant’s available 166 corporate assets are pledged as collateral for the amount of the 167 loan. 168 12. A statement that the applicant, upon receiving the 169 loan, agrees not to seek additional long-term debt without prior 170 approval of the community development financial institution. 171 13. A statement that the loan is a joint obligation of the 172 business and of each person who owns at least 20 percent of the 173 business. 174 14. Any additional information requested by the office or 175 the community development financial institution. 176 (c) A community development financial institution, after 177 verifying the accuracy of a submitted application, shall award 178 the loan to the applicant if the institution determines that the 179 applicant, as compared to other applicants submitting 180 applications, is in the best position to use the loan to 181 continue making a successful long-term business commitment to 182 the state. The community development financial institution shall 183 also consider the following factors: 184 1. Whether the applicant has applied for or received 185 incentives from a local government. 186 2. Whether the applicant has applied for or received 187 waivers of taxes, impact fees, or other fees or charges by local 188 governments. 189 3. What other sources of investments or financing for the 190 project that is the subject of the loan application will be 191 available to the applicant. 192 (d) A borrower awarded a loan under this section and the 193 community development financial institution awarding the loan 194 must enter into a loan agreement that provides for the 195 borrower’s repayment of the loan. 196 (e) The following terms apply to a loan received under the 197 program: 198 1. The maximum amount of the loan is $35,000. 199 2. The proceeds of the loan may be used for working capital 200 purchases, employee training, or salaries for newly created jobs 201 in the state. 202 3. The security interest for the loan’s collateral covering 203 all of the borrower’s available corporate assets to cover the 204 amount of the loan must be perfected by recording a lien under 205 the Uniform Commercial Code. 206 (f) The office shall disburse from the Economic Development 207 Trust Fund to a community development financial institution the 208 appropriations provided for a microenterprise loan. 209 Disbursements to a community development financial institution 210 must not exceed the aggregate amount of the loans authorized in 211 the grant agreement. 212 (g) A community development financial institution shall 213 remit a borrower’s collected interest, principal payments, and 214 charges for late payments to the office on a quarterly basis. If 215 the borrower defaults on the loan, the community development 216 financial institution shall initiate collection efforts to seek 217 repayment of the loan. The community development financial 218 institution, upon collecting payments for a defaulted loan, 219 shall remit the payments to the office but, to the extent 220 authorized in the grant agreement, may deduct the costs of the 221 institution’s collection efforts. The office shall deposit all 222 funds received under this paragraph in the General Revenue Fund. 223 (h) A community development financial institution shall 224 submit quarterly reports to the office that include the 225 information required in the grant agreement. A quarterly report 226 must include, at a minimum, the number of full-time equivalent 227 jobs created as a result of the loans, the amount of wages paid 228 to employees in the newly created jobs, and the locations and 229 types of economic activity undertaken by the borrowers. 230 (i) All notes, mortgages, security agreements, letters of 231 credit, or other instruments that are given to secure the 232 repayment of loans issued in connection with the financing of 233 any loan under the program, without regard to the status of any 234 party thereto as a private party, are exempt from taxation by 235 the state and its political subdivisions. The exemption granted 236 in this subsection does not apply to any tax imposed by chapter 237 220 on interest, income, or profits on debt obligations owned by 238 corporations. 239 (j) Unexpended balances of appropriations provided for 240 microenterprise loans shall not revert to the fund from which 241 the appropriation was made at the end of a fiscal year but shall 242 be retained in the Economic Development Trust Fund and be 243 carried forward for expenditure for microenterprise loans during 244 the next fiscal year. 245 (6) BUSINESS SKILLS DEVELOPMENT SERVICES FOR 246 MICROENTREPRENEURS.— 247 (a) The office, upon selecting a community development 248 financial institution to provide business skills development 249 services for microentrepreneurs, shall enter into a grant 250 agreement with the institution. The grant agreement must specify 251 the amount of the grant and the business skills development 252 services to be provided by the community development financial 253 institution. The office may terminate the agreement at any time 254 if the community development financial institution fails to meet 255 minimum performance standards set by the office. The grant 256 agreement may be amended by mutual consent of both parties. 257 (b) A community development financial institution may 258 provide the business skills development services directly or 259 subcontract with a community organization to provide those 260 services for microentrepreneurs. 261 (c) The office shall disburse from the Economic Development 262 Trust Fund to a community development financial institution the 263 appropriations provided for the business skills development 264 services for microentrepreneurs. Disbursements to a community 265 development financial institution must not exceed the amount of 266 the grant authorized in the grant agreement. 267 (d) The business skill development services shall include, 268 but are not limited to, business planning and financial 269 literacy. 270 (e) A community development financial institution shall 271 submit quarterly reports to the office that include the 272 information required in the grant agreement. A quarterly report 273 must include, at a minimum, the number of microentrepreneurs 274 receiving business skills development services and a description 275 of those services. 276 (7) FEDERAL MATCHING REQUIREMENTS.—Grant funds received by 277 a community development financial institution under this section 278 may only be used for expenditures that meet federal matching 279 requirements under 12 U.S.C. s. 4707(e). 280 (8) On June 30 of each year, beginning in 2010, the office 281 shall submit a report to the Governor, the President of the 282 Senate, and the Speaker of the House of Representatives that 283 describes in detail the use of the grant funds. The report must 284 include, at a minimum, the number of microenterprises receiving 285 loans, the number of full-time equivalent jobs created as a 286 result of the loans, the amount of wages paid to employees in 287 the newly created jobs, the locations and types of economic 288 activity undertaken by the borrowers, the amounts of loan 289 repayments made to date, the default rate of borrowers, the 290 number of microentrepreneurs receiving business skills 291 development services, and a description of those services. 292 (9) RULEMAKING.—The office shall adopt rules under ss. 293 120.536(1) and 120.54 to administer this section. 294 Section 2. The sum of $5 million is transferred from the 295 General Revenue Fund to the Economic Development Trust Fund and 296 appropriated to the Office of Tourism, Trade, and Economic 297 Development for purposes of implementing the Microenterprise 298 Development Program in s. 288.7017, Florida Statutes, during the 299 2009-2010 fiscal year. From among these funds, no more than $1 300 million may be used to provide business skills development 301 services for microentrepreneurs. The remaining funds shall be 302 used to provide microenterprise loans. 303 Section 3. This act shall take effect July 1, 2009.