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         288.1081Economic 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         288.1082Economic 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.