Florida Senate - 2009 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 38-A Barcode 254988 606-00053B-09A Proposed Committee Substitute by the Committee on Transportation and Economic Development Appropriations 1 A bill to be entitled 2 An act relating to economic development; creating s. 3 288.1081, F.S.; creating the Economic Gardening 4 Business Loan Pilot Program within the Office of 5 Tourism, Trade, and Economic Development; providing 6 legislative findings and intent; providing eligibility 7 criteria for the award of loans to certain businesses; 8 providing application procedures; requiring loan 9 agreements; providing terms of loans; providing for 10 use of loan proceeds; providing criteria and 11 application procedures for the selection of loan 12 administrators; requiring a loan administrator to 13 enter into a grant agreement; providing for the 14 disbursement of certain funds from the Economic 15 Development Trust Fund; requiring fees for the loan 16 administrator; providing for the collection and 17 deposit of loan payments; requiring the loan 18 administrator to submit a report to the office; 19 requiring the office to adopt rules; authorizing the 20 use of emergency rulemaking procedures; requiring the 21 office to submit a report to the Governor and 22 Legislature; providing for reversion and carryforward 23 of certain unexpended appropriations; prohibiting new 24 loans after a specified date; providing for future 25 repeal; creating s. 288.1082, F.S.; creating the 26 Economic Gardening Technical Assistance Pilot Program 27 within the office; requiring the office to contract 28 for administration of the pilot program; requiring 29 competitive procurement; requiring the provision of 30 technical assistance to certain businesses; providing 31 eligibility criteria for businesses to receive 32 technical assistance; requiring the businesses to 33 enter into agreements with the contracted entity 34 administering the pilot program; requiring the 35 businesses to report certain data; providing that the 36 contracted entity is an economic development agency; 37 providing for review of contracts; requiring the 38 office to submit a report to the Governor and 39 Legislature; authorizing the office to adopt rules; 40 directing the Office of Program Policy Analysis and 41 Government Accountability to submit a report to the 42 Governor and Legislature; authorizing the expenditure 43 of certain funds appropriated for the pilot program; 44 providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Section 1. Section 288.1081, Florida Statutes, 49 is created to read: 50 288.1081 Economic Gardening Business Loan Pilot Program.— 51 (1) There is created within the Office of Tourism, Trade, 52 and Economic Development the Economic Gardening Business Loan 53 Pilot Program. The purpose of the pilot program is to stimulate 54 investment in Florida's economy by providing loans to expanding 55 businesses in the state. As used in this section, the term 56 “office” means the Office of Tourism, Trade, and Economic 57 Development. 58 (2) The Legislature finds that it is vital to the overall 59 health and growth of the state's economy to promote favorable 60 conditions for expanding Florida businesses that demonstrate the 61 ability to grow. It is therefore the intent of the Legislature 62 that resources be provided for the pilot program in order to 63 respond to the current extraordinary economic challenges 64 confronting the state. 65 (3)(a) To be eligible for a loan under the pilot program, 66 an applicant must be a business eligible for assistance under 67 the Economic Gardening Technical Assistance Pilot Program as 68 provided in s. 288.1082(4)(a). 69 (b) A loan applicant must submit a written application to 70 the loan administrator in the format prescribed by the loan 71 administrator. The application must include: 72 1. The applicant's federal employer identification number, 73 unemployment account number, and sales or other tax registration 74 number. 75 2. The street address of the applicant's principal place of 76 business in this state. 77 3. A description of the type of economic activity, product, 78 or research and development undertaken by the applicant, 79 including the six-digit North American Industry Classification 80 System code for each type of economic activity conducted by the 81 applicant. 82 4. The applicant's annual revenue, number of employees, 83 number of full-time equivalent employees, and other information 84 necessary to verify the applicant's eligibility for the pilot 85 program under s. 288.1082(4)(a). 86 5. The projected investment in the business, if any, which 87 the applicant proposes in conjunction with the loan. 88 6. The total investment in the business from all sources, 89 if any, which the applicant proposes in conjunction with the 90 loan. 91 7. The number of net new full-time equivalent jobs that, as 92 a result of the loan, the applicant proposes to create in this 93 state as of December 31 of each year and the average annual wage 94 of the proposed jobs. 95 8. The total number of full-time equivalent employees the 96 applicant currently employs in this state. 97 9. The date that the applicant anticipates it needs the 98 loan. 99 10. A detailed explanation of why the loan is needed to 100 assist the applicant in expanding jobs in the state. 101 11. A statement that all of the applicant's corporate 102 assets are pledged as collateral for the loan. 103 12. A statement that the applicant, upon receiving the 104 loan, agrees not to seek additional long-term debt without prior 105 approval of the loan administrator. 106 13. A statement that the loan is a joint obligation of the 107 business and of each person who owns at least 20 percent of the 108 business. 109 14. Any additional information requested by the office or 110 the loan administrator. 111 (c) The loan administrator, after verifying the accuracy of 112 a submitted application, shall award the loan to the applicant 113 if the administrator determines that the applicant, as compared 114 to other applicants submitting applications, is in the best 115 position to use the loan to continue making a successful long 116 term business commitment to the state. 117 (d) A borrower awarded a loan under this section and the 118 loan administrator must enter into a loan agreement that 119 provides for the borrower's repayment of the loan. 120 (4) The following terms apply to a loan received under the 121 pilot program: 122 (a) The maximum amount of the loan is $250,000. 123 (b) The proceeds of the loan may be used for working 124 capital purchases, employee training, or salaries for newly 125 created jobs in the state. 126 (c) The security interest for the loan's collateral 127 covering all of the borrower's corporate assets must be 128 perfected by recording a lien under the Uniform Commercial Code. 129 (d) The period of the loan is 4 years. 130 (e) The interest rate of the loan is 2 percent. However, if 131 the borrower does not create the projected number of jobs within 132 the terms of the contract, the interest rate shall be increased 133 for the remaining period of the loan to the prime rate published 134 in the Wall Street Journal, as of the date specified in the loan 135 agreement, plus 4 percent. 136 (f) For each month of the first 12 months of the loan, 137 payment is due for interest only. Thereafter, payment for 138 interest and principal is due each month until the loan is 139 repaid in full. Interest and principal payments are based on the 140 unpaid balance of the total loan amount. 141 (5)(a) The office may designate one or more qualified 142 entities to serve as loan administrators for the pilot program. 143 A loan administrator must: 144 1. Be a Florida corporation not for profit incorporated 145 under chapter 617 which has its principal place of business in 146 the state. 147 2. Have 5 years of verifiable experience of lending to 148 businesses in this state. 149 3. Submit an application to the office on forms prescribed 150 by the office. The application must include the loan 151 administrator's business plan for its proposed lending 152 activities under the pilot program, including, but not limited 153 to, a description of its outreach efforts, underwriting, credit 154 policies and procedures, credit decision processes, monitoring 155 policies and procedures, and collection practices; the 156 membership of its board of directors; and samples of its 157 currently used loan documentation. The application must also 158 include a detailed description and supporting documentation of 159 the nature of the loan administrator's partnerships with local 160 or regional economic and business development organizations. 161 (b) The office, upon selecting a loan administrator, shall 162 enter into a grant agreement with the administrator to issue the 163 available loans to eligible applicants. The grant agreement must 164 specify the aggregate amount of the loans authorized for award 165 by the loan administrator. The term of the grant agreement must 166 be at least 4 years, except that the office may terminate the 167 agreement earlier if the loan administrator fails to meet 168 minimum performance standards set by the office. The grant 169 agreement may be amended by mutual consent of both parties. 170 (c) The office shall disburse from the Economic Development 171 Trust Fund to the loan administrator the appropriations provided 172 for the pilot program. Disbursements to the loan administrator 173 must not exceed the aggregate amount of the loans authorized in 174 the grant agreement. The office may not disburse more than 50 175 percent of the aggregate amount of the loans authorized in the 176 grant agreement until the office verifies the borrowers' use of 177 the loan proceeds and the loan administrator's successful credit 178 decisionmaking policies. 179 (d) A loan administrator is entitled to receive a loan 180 origination fee, payable at closing, of 1 percent of each loan 181 issued by the loan administrator and a monthly servicing fee of 182 0.625 percent of each payment made by the borrower. The loan 183 administrator shall collect the monthly servicing fee from the 184 payments made by the borrower, first charging the fee against 185 interest payments and then charging the remainder of the fee 186 against repayments of principal. 187 (e) A loan administrator, after collecting the servicing 188 fee in accordance with paragraph (d), shall remit the borrower's 189 collected interest and principal payments to the office on a 190 quarterly basis. If the borrower defaults on the loan, the loan 191 administrator shall initiate collection efforts to seek 192 repayment of the loan. The loan administrator, upon collecting 193 payments for a defaulted loan, shall remit the payments to the 194 office but, to the extent authorized in the grant agreement, may 195 deduct the costs of the administrator's collection efforts. The 196 office shall deposit all funds received under this paragraph in 197 the General Revenue Fund. 198 (f) A loan administrator shall submit quarterly reports to 199 the office which include the information required in the grant 200 agreement. A quarterly report must include, at a minimum, the 201 number of full-time equivalent jobs created as a result of the 202 loans, the amount of wages paid to employees in the newly 203 created jobs, and the locations and types of economic activity 204 undertaken by the borrowers. 205 (6) The office shall adopt rules under ss. 120.536(1) and 206 120.54 to administer this section. To the extent necessary to 207 expedite implementation of the pilot program, the office may 208 adopt initial emergency rules for the pilot program in 209 accordance with s. 120.54(4). 210 (7) On June 30 and December 31 of each year, beginning in 211 2009, the office shall submit a report to the Governor, the 212 President of the Senate, and the Speaker of the House of 213 Representatives which describes in detail the use of the loan 214 funds. The report must include, at a minimum, the number of 215 businesses receiving loans, the number of full-time equivalent 216 jobs created as a result of the loans, the amount of wages paid 217 to employees in the newly created jobs, the locations and types 218 of economic activity undertaken by the borrowers, the amounts of 219 loan repayments made to date, and the default rate of borrowers. 220 (8) Unexpended balances of appropriations provided for the 221 pilot program shall not revert to the fund from which the 222 appropriation was made at the end of a fiscal year but shall be 223 retained in the Economic Development Trust Fund and be carried 224 forward for expenditure for the pilot program during the 225 following fiscal year. A loan administrator may not award a new 226 loan or enter into a loan agreement after June 30, 2011. 227 Balances of appropriations provided for the pilot program which 228 remain unexpended as of July 1, 2011, shall revert to the 229 General Revenue Fund. 230 (9) This section is repealed July 1, 2016, unless reviewed 231 and reenacted by the Legislature before that date. 232 Section 2. Section 2. Section 288.1082, Florida Statutes, 233 is created to read: 234 288.1082 Economic Gardening Technical Assistance Pilot 235 Program.— 236 (1) There is created within the Office of Tourism, Trade, 237 and Economic Development the Economic Gardening Technical 238 Assistance Pilot Program. The purpose of the pilot program is to 239 stimulate investment in Florida's economy by providing technical 240 assistance for expanding businesses in the state. As used in 241 this section, the term “office” means the Office of Tourism, 242 Trade, and Economic Development. 243 (2) The office shall contract with one or more entities to 244 administer the pilot program under this section. The office 245 shall award each contract in accordance with the competitive 246 bidding requirements in s. 287.057 to an entity that 247 demonstrates the ability to implement the pilot program on a 248 statewide basis and the capability to provide counseling 249 services, access to technology and information, marketing 250 services and advice, business management support, and other 251 similar services. 252 (3) A contracted entity administering the pilot program 253 shall provide technical assistance for eligible businesses which 254 includes, but is not limited to: 255 (a) Access to free or affordable information services and 256 consulting services, including information on markets, 257 customers, and competitors, such as business databases, 258 geographic information systems, and search engine marketing. 259 (b) Information on how to obtain infrastructure, including 260 basic physical infrastructure; quality-of-life infrastructure, 261 such as parks and open spaces; and intellectual infrastructure 262 that provides educational opportunities to help a business 263 maintain its competitiveness. 264 (c) Business connections, including interaction and 265 exchange among business owners and resource providers, such as 266 trade associations, think tanks, academic institutions, business 267 roundtables, peer-to-peer learning sessions, and mentoring 268 programs. 269 (4)(a) To be eligible for assistance under the pilot 270 program, a business must be a for-profit, privately held, 271 investment-grade business that employs at least 10 persons but 272 not more than 99 persons, has maintained its principal place of 273 business in the state for at least the previous 2 years, 274 generates at least $1 million but not more than $50 million in 275 annual revenue, qualifies for the tax refund program for 276 qualified target industry businesses under s. 288.106, and, 277 during the previous 2-year period, has increased its number of 278 full-time equivalent employees in this state by at least 10 279 percent and has increased its gross revenue by at least 10 280 percent. 281 (b) A contracted entity administering the pilot program, in 282 selecting the eligible businesses to receive assistance, shall 283 choose businesses in more than one industry cluster and, to the 284 maximum extent practicable, shall choose businesses that are 285 geographically distributed throughout the state. 286 (5)(a) A business receiving assistance under the pilot 287 program must enter into an agreement with the contracted entity 288 administering the program to establish the business's commitment 289 to participation in the pilot program. The agreement must 290 require, at a minimum, that the business: 291 1. Attend a minimum number of meetings between the business 292 and the contracted entity administering the pilot program. 293 2. Report job-creation data in the manner prescribed by the 294 contracted entity administering the pilot program. 295 3. Provide financial data in the manner prescribed by the 296 contracted entity administering the program. 297 (b) The office or the contracted entity administering the 298 pilot program may prescribe additional reporting requirements in 299 the agreement which are necessary to track the progress of the 300 business and monitor the business's implementation of the 301 assistance. The contracted entity shall report the information 302 to the office on a quarterly basis. 303 (6) A contracted entity administering the pilot program is 304 authorized to promote the general business interests or 305 industrial interests of the state. 306 (7) The office shall review the progress of a contracted 307 entity administering the pilot program at least once each 6 308 months and shall determine whether the contracted entity is 309 meeting its contractual obligations for administering the pilot 310 program. The office may terminate and rebid a contract if the 311 contracted entity does not meet its contractual obligations. 312 (8) On December 31 of each year, beginning in 2009, the 313 office shall submit a report to the Governor, the President of 314 the Senate, and the Speaker of the House of Representatives 315 which describes in detail the progress of the pilot program. The 316 report must include, at a minimum, the number of businesses 317 receiving assistance, the number of full-time equivalent jobs 318 created as a result of the assistance, if any, the amount of 319 wages paid to employees in the newly created jobs, and the 320 locations and types of economic activity undertaken by the 321 businesses. 322 (9) The office may adopt rules under ss. 120.536(1) and 323 120.54 to administer this section. 324 Section 3. By December 31, 2012, the Office of Program 325 Policy Analysis and Government Accountability shall submit a 326 report to the Governor, the President of the Senate, and the 327 Speaker of the House of Representatives which evaluates the 328 Economic Gardening Technical Assistance Pilot Program in s. 329 288.1082, Florida Statutes, and the pilot program's 330 effectiveness in expanding the targeted businesses. 331 Section 4. From the funds provided in a special 332 appropriations act for the 2008-2009 fiscal year to the Office 333 of Tourism, Trade, and Economic Development for implementation 334 of this act, the office may expend up to $1.5 million for 335 implementation of the Economic Gardening Technical Assistance 336 Pilot Program created in s. 288.1082, Florida Statutes. 337 Section 5. This act shall take effect upon becoming a law.