1 | Representative Murzin offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Section 288.1081, Florida Statutes, is created |
6 | to read: |
7 | 288.1081 Economic Gardening Business Loan Pilot Program.-- |
8 | (1) There is created within the Office of Tourism, Trade, |
9 | and Economic Development the Economic Gardening Business Loan |
10 | Pilot Program. The purpose of the pilot program is to stimulate |
11 | investment in Florida's economy by providing loans to expanding |
12 | businesses in the state. As used in this section, the term |
13 | "office" means the Office of Tourism, Trade, and Economic |
14 | Development. |
15 | (2) The Legislature finds that it is vital to the overall |
16 | health and growth of the state's economy to promote favorable |
17 | conditions for expanding Florida businesses that demonstrate the |
18 | ability to grow. The Legislature further finds that, due to the |
19 | current extraordinary economic challenges confronting the state, |
20 | there exists a paramount public purpose in expending state |
21 | resources to stimulate investment in Florida's economy. It is |
22 | therefore the intent of the Legislature that resources be |
23 | provided for the pilot program. |
24 | (3)(a) To be eligible for a loan under the pilot program, |
25 | an applicant must be a business eligible for assistance under |
26 | the Economic Gardening Technical Assistance Pilot Program as |
27 | provided in s. 288.1082(4)(a). |
28 | (b) A loan applicant must submit a written application to |
29 | the loan administrator in the format prescribed by the loan |
30 | administrator. The application must include: |
31 | 1. The applicant's federal employer identification number, |
32 | unemployment account number, and sales or other tax registration |
33 | number. |
34 | 2. The street address of the applicant's principal place |
35 | of business in this state. |
36 | 3. A description of the type of economic activity, |
37 | product, or research and development undertaken by the |
38 | applicant, including the six-digit North American Industry |
39 | Classification System code for each type of economic activity |
40 | conducted by the applicant. |
41 | 4. The applicant's annual revenue, number of employees, |
42 | number of full-time equivalent employees, and other information |
43 | necessary to verify the applicant's eligibility for the pilot |
44 | program under s. 288.1082(4)(a). |
45 | 5. The projected investment in the business, if any, that |
46 | the applicant proposes in conjunction with the loan. |
47 | 6. The total investment in the business from all sources, |
48 | if any, that the applicant proposes in conjunction with the |
49 | loan. |
50 | 7. The number of net new full-time equivalent jobs that, |
51 | as a result of the loan, the applicant proposes to create in |
52 | this state as of December 31 of each year and the average annual |
53 | wage of the proposed jobs. |
54 | 8. The total number of full-time equivalent employees the |
55 | applicant currently employs in this state. |
56 | 9. The date that the applicant anticipates it needs the |
57 | loan. |
58 | 10. A detailed explanation of why the loan is needed to |
59 | assist the applicant in expanding jobs in the state. |
60 | 11. A statement that all of the applicant's available |
61 | corporate assets are pledged as collateral for the amount of the |
62 | loan. |
63 | 12. A statement that the applicant, upon receiving the |
64 | loan, agrees not to seek additional long-term debt without prior |
65 | approval of the loan administrator. |
66 | 13. A statement that the loan is a joint obligation of the |
67 | business and of each person who owns at least 20 percent of the |
68 | business. |
69 | 14. Any additional information requested by the office or |
70 | the loan administrator. |
71 | (c) The loan administrator, after verifying the accuracy |
72 | of a submitted application, shall award the loan to the |
73 | applicant if the administrator determines that the applicant, as |
74 | compared to other applicants submitting applications, is in the |
75 | best position to use the loan to continue making a successful |
76 | long-term business commitment to the state. |
77 | (d) A borrower awarded a loan under this section and the |
78 | loan administrator must enter into a loan agreement that |
79 | provides for the borrower's repayment of the loan. |
80 | (4) The following terms apply to a loan received under the |
81 | pilot program: |
82 | (a) The maximum amount of the loan is $250,000. |
83 | (b) The proceeds of the loan may be used only for working |
84 | capital purchases, employee training, or salaries for newly |
85 | created jobs in the state. |
86 | (c) The security interest for the loan's collateral must |
87 | pledge all of the borrower's available corporate assets to cover |
88 | the amount of the loan and must be perfected by recording a lien |
89 | under the Uniform Commercial Code. |
90 | (d) The period of the loan may not exceed 7 years. |
91 | (e) The interest rate of the loan is 2 percent. However, |
92 | if the borrower does not create the projected number of jobs |
93 | within 24 months after the loan is issued, the interest rate |
94 | shall be increased for the remaining period of the loan to the |
95 | prime rate published in the Wall Street Journal, as of the date |
96 | specified in the loan agreement, plus 4 percent. |
97 | (f) For each month of the first 12 months of the loan, |
98 | payment is due for interest only. Thereafter, payment for |
99 | interest and principal is due each month until the loan is |
100 | repaid in full. Interest and principal payments are based on the |
101 | unpaid balance of the total loan amount. |
102 | (g) The borrower must remit payments to the loan |
103 | administrator within the first 10 days of each month. The loan |
104 | administrator shall charge the borrower a penalty for late |
105 | payments, and the amount of the penalty must be specified in the |
106 | loan agreement. |
107 | (5)(a) The office may designate one or more qualified |
108 | entities to serve as loan administrators for the pilot program. |
109 | A loan administrator must: |
110 | 1. Be a Florida corporation not for profit incorporated |
111 | under chapter 617 that has its principal place of business in |
112 | the state. |
113 | 2. Have 5 years of verifiable experience of lending to |
114 | businesses in this state. |
115 | 3. Submit an application to the office on forms prescribed |
116 | by the office. The application must include the loan |
117 | administrator's business plan for its proposed lending |
118 | activities under the pilot program, including, but not limited |
119 | to, a description of its outreach efforts, underwriting, credit |
120 | policies and procedures, credit decision processes, monitoring |
121 | policies and procedures, and collection practices; the |
122 | membership of its board of directors; and samples of its |
123 | currently used loan documentation. The application must also |
124 | include a detailed description and supporting documentation of |
125 | the nature of the loan administrator's partnerships with local |
126 | or regional economic and business development organizations. |
127 | (b) The office, upon selecting a loan administrator, shall |
128 | enter into a grant agreement with the administrator to issue the |
129 | available loans to eligible applicants. The grant agreement must |
130 | specify the aggregate amount of the loans authorized for award |
131 | by the loan administrator. The term of the grant agreement must |
132 | be at least 4 years, except that the office may terminate the |
133 | agreement earlier if the loan administrator fails to meet |
134 | minimum performance standards set by the office. The grant |
135 | agreement may be amended by mutual consent of both parties. |
136 | (c) The office shall disburse from the Economic |
137 | Development Trust Fund to the loan administrator the |
138 | appropriations provided for the pilot program. Disbursements to |
139 | the loan administrator must not exceed the aggregate amount of |
140 | the loans authorized in the grant agreement. The office may not |
141 | disburse more than 50 percent of the aggregate amount of the |
142 | loans authorized in the grant agreement until the office |
143 | verifies the borrowers' use of the loan proceeds and the loan |
144 | administrator's successful credit decisionmaking policies. |
145 | (d) A loan administrator is entitled to receive a loan |
146 | origination fee, payable at closing, of 1 percent of each loan |
147 | issued by the loan administrator and a servicing fee of 0.625 |
148 | percent per annum of the loan's outstanding principal balance, |
149 | payable monthly. The loan administrator shall collect the |
150 | servicing fee from the payments made by the borrower, first |
151 | charging the fee against interest payments and then charging the |
152 | remainder of the fee against repayments of principal. |
153 | (e) A loan administrator, after collecting the servicing |
154 | fee in accordance with paragraph (d), shall remit the borrower's |
155 | collected interest, principal payments, and charges for late |
156 | payments to the office on a quarterly basis. If the borrower |
157 | defaults on the loan, the loan administrator shall initiate |
158 | collection efforts to seek repayment of the loan. The loan |
159 | administrator, upon collecting payments for a defaulted loan, |
160 | shall remit the payments to the office but, to the extent |
161 | authorized in the grant agreement, may deduct the costs of the |
162 | administrator's collection efforts. The office shall deposit all |
163 | funds received under this paragraph in the General Revenue Fund. |
164 | (f) A loan administrator shall submit quarterly reports to |
165 | the office that include the information required in the grant |
166 | agreement. A quarterly report must include, at a minimum, the |
167 | number of full-time equivalent jobs created as a result of the |
168 | loans, the amount of wages paid to employees in the newly |
169 | created jobs, and the locations and types of economic activity |
170 | undertaken by the borrowers. |
171 | (6) The office shall adopt rules under ss. 120.536(1) and |
172 | 120.54 to administer this section. To the extent necessary to |
173 | expedite implementation of the pilot program, the office may |
174 | adopt initial emergency rules for the pilot program in |
175 | accordance with s. 120.54(4). |
176 | (7) On June 30 and December 31 of each year, beginning in |
177 | 2009, the office shall submit a report to the Governor, the |
178 | President of the Senate, and the Speaker of the House of |
179 | Representatives that describes in detail the use of the loan |
180 | funds. The report must include, at a minimum, the number of |
181 | businesses receiving loans, the number of full-time equivalent |
182 | jobs created as a result of the loans, the amount of wages paid |
183 | to employees in the newly created jobs, the locations and types |
184 | of economic activity undertaken by the borrowers, the amounts of |
185 | loan repayments made to date, and the default rate of borrowers. |
186 | (8) Unexpended balances of appropriations provided for the |
187 | pilot program shall not revert to the fund from which the |
188 | appropriation was made at the end of a fiscal year but shall be |
189 | retained in the Economic Development Trust Fund and be carried |
190 | forward for expenditure for the pilot program during the |
191 | following fiscal year. A loan administrator may not issue a new |
192 | loan or enter into a loan agreement after June 30, 2011. |
193 | Balances of appropriations provided for the pilot program that |
194 | remain unexpended as of July 1, 2011, shall revert to the |
195 | General Revenue Fund. |
196 | (9) This section is repealed July 1, 2019, unless reviewed |
197 | and reenacted by the Legislature before that date. |
198 | Section 2. Section 288.1082, Florida Statutes, is created |
199 | to read: |
200 | 288.1082 Economic Gardening Technical Assistance Pilot |
201 | Program.-- |
202 | (1) There is created within the Office of Tourism, Trade, |
203 | and Economic Development the Economic Gardening Technical |
204 | Assistance Pilot Program. The purpose of the pilot program is to |
205 | stimulate investment in Florida's economy by providing technical |
206 | assistance for expanding businesses in the state. As used in |
207 | this section, the term "office" means the Office of Tourism, |
208 | Trade, and Economic Development. |
209 | (2) The office shall contract with one or more entities to |
210 | administer the pilot program under this section. The office |
211 | shall award each contract in accordance with the competitive |
212 | bidding requirements in s. 287.057 to an entity that |
213 | demonstrates it has the ability to implement the pilot program |
214 | on a statewide basis, has an outreach plan, and has the ability |
215 | to provide counseling services, access to technology and |
216 | information, marketing services and advice, business management |
217 | support, and other similar services. |
218 | (3) A contracted entity administering the pilot program |
219 | shall provide technical assistance for eligible businesses that |
220 | includes, but is not limited to, the following: |
221 | (a) Access to free or affordable information services and |
222 | consulting services, including information on markets, |
223 | customers, and competitors, such as business databases, |
224 | geographic information systems, and search engine marketing. |
225 | (b) Information on how to obtain infrastructure, including |
226 | basic physical infrastructure; quality-of-life infrastructure, |
227 | such as parks and open spaces; and intellectual infrastructure |
228 | that provides educational opportunities to help a business |
229 | maintain its competitiveness. |
230 | (c) Business connections, including interaction and |
231 | exchange among business owners and resource providers, such as |
232 | trade associations, think tanks, academic institutions, business |
233 | roundtables, peer-to-peer learning sessions, and mentoring |
234 | programs. |
235 | (4)(a) To be eligible for assistance under the pilot |
236 | program, a business must be a for-profit, privately held, |
237 | investment-grade business that employs at least 10 persons but |
238 | not more than 99 persons, has maintained its principal place of |
239 | business in the state for at least the previous 2 years, |
240 | generates at least $1 million but not more than $50 million in |
241 | annual revenue, qualifies for the tax refund program for |
242 | qualified target industry businesses under s. 288.106, and, |
243 | during the previous 2-year period, has increased its number of |
244 | full-time equivalent employees in this state by at least 10 |
245 | percent. |
246 | (b) A contracted entity administering the pilot program, |
247 | in selecting the eligible businesses to receive assistance, |
248 | shall choose businesses in more than one industry cluster that |
249 | are geographically distributed throughout the state or choose |
250 | businesses in partnership with other businesses that are |
251 | geographically distributed throughout the state. |
252 | (5)(a) A business receiving assistance under the pilot |
253 | program must enter into an agreement with the contracted entity |
254 | administering the program to establish the business' commitment |
255 | to participation in the pilot program. The agreement must |
256 | require, at a minimum, that the business: |
257 | 1. Attend a minimum number of meetings between the |
258 | business and the contracted entity administering the pilot |
259 | program. |
260 | 2. Report job creation data in the manner prescribed by |
261 | the contracted entity administering the pilot program. |
262 | 3. Provide financial data in the manner prescribed by the |
263 | contracted entity administering the program. |
264 | (b) The office or the contracted entity administering the |
265 | pilot program may prescribe additional reporting requirements in |
266 | the agreement that are necessary to track the progress of the |
267 | business and monitor the business' implementation of the |
268 | assistance. The contracted entity shall report the information |
269 | to the office on a quarterly basis. |
270 | (6) A contracted entity administering the pilot program is |
271 | an economic development agency as defined in s. 288.075 that is |
272 | authorized to promote the general business interests or |
273 | industrial interests of the state. |
274 | (7) The office shall review the progress of a contracted |
275 | entity administering the pilot program at least once each 6 |
276 | months and shall determine whether the contracted entity is |
277 | meeting its contractual obligations for administration of the |
278 | pilot program. The office may terminate and rebid a contract if |
279 | the contracted entity does not meet its contractual obligations. |
280 | (8) On December 31 of each year, beginning in 2009, the |
281 | office shall submit a report to the Governor, the President of |
282 | the Senate, and the Speaker of the House of Representatives that |
283 | describes in detail the progress of the pilot program. The |
284 | report must include, at a minimum, the number of businesses |
285 | receiving assistance, the number of full-time equivalent jobs |
286 | created as a result of the assistance, if any, the amount of |
287 | wages paid to employees in the newly created jobs, and the |
288 | locations and types of economic activity undertaken by the |
289 | businesses. |
290 | (9) The office may adopt rules under ss. 120.536(1) and |
291 | 120.54 to administer this section. |
292 | Section 3. By December 31, 2012, the Office of Program |
293 | Policy Analysis and Government Accountability shall submit a |
294 | report to the Governor, the President of the Senate, and the |
295 | Speaker of the House of Representatives that evaluates the |
296 | Economic Gardening Technical Assistance Pilot Program in s. |
297 | 288.1082, Florida Statutes, and the pilot program's |
298 | effectiveness in expanding the targeted businesses. |
299 | Section 4. From the funds provided in a special |
300 | appropriations act for the 2008-2009 fiscal year to the Office |
301 | of Tourism, Trade, and Economic Development for implementation |
302 | of this act, the office may expend up to $1.5 million for |
303 | implementation of the Economic Gardening Technical Assistance |
304 | Pilot Program created in s. 288.1082, Florida Statutes. |
305 | Section 5. This act shall take effect upon becoming a law. |
306 |
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307 |
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308 | ----------------------------------------------------- |
309 | T I T L E A M E N D M E N T |
310 | Remove the entire title and insert: |
311 | A bill to be entitled |
312 | An act relating to economic development; creating s. |
313 | 288.1081, F.S.; creating the Economic Gardening Business |
314 | Loan Pilot Program within the Office of Tourism, Trade, |
315 | and Economic Development; providing legislative findings |
316 | and intent; providing a finding of paramount public |
317 | purpose; providing eligibility criteria for the award of |
318 | loans to certain businesses; providing application |
319 | procedures; requiring loan agreements; providing terms of |
320 | loans; providing for use of loan proceeds; requiring |
321 | charges for late payments; providing criteria and |
322 | application procedures for selection of loan |
323 | administrators; requiring a loan administrator to enter |
324 | into a grant agreement; providing for the disbursement of |
325 | certain funds from the Economic Development Trust Fund; |
326 | requiring fees for the loan administrator; providing for |
327 | the collection and deposit of loan payments; requiring the |
328 | loan administrator to submit a report to the office; |
329 | requiring the office to adopt rules; authorizing the use |
330 | of emergency rulemaking procedures; requiring the office |
331 | to submit a report to the Governor and Legislature; |
332 | providing for reversion and carryforward of certain |
333 | unexpended appropriations; prohibiting new loans after a |
334 | specified date; providing for future repeal; creating s. |
335 | 288.1082, F.S.; creating the Economic Gardening Technical |
336 | Assistance Pilot Program within the office; requiring the |
337 | office to contract for administration of the pilot |
338 | program; requiring competitive procurement; requiring the |
339 | provision of technical assistance to certain businesses; |
340 | providing eligibility criteria for businesses to receive |
341 | technical assistance; requiring the businesses to enter |
342 | into agreements with the contracted entity administering |
343 | the pilot program; requiring the businesses to report |
344 | certain data; providing that a contracted entity is an |
345 | economic development agency under certain provisions |
346 | relating to confidentiality of records; providing for |
347 | review of contracts; requiring the office to submit a |
348 | report to the Governor and Legislature; authorizing the |
349 | office to adopt rules; directing the Office of Program |
350 | Policy Analysis and Government Accountability to submit a |
351 | report to the Governor and Legislature; authorizing the |
352 | expenditure of certain funds appropriated for the pilot |
353 | program; providing an effective date. |