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         288.7017Microenterprise 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.