Amendment
Bill No. CS/SB 38A
Amendment No. 393731
CHAMBER ACTION
Senate House
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1Representative Murzin offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 288.1081, Florida Statutes, is created
6to read:
7     288.1081  Economic Gardening Business Loan Pilot Program.--
8     (1)  There is created within the Office of Tourism, Trade,
9and Economic Development the Economic Gardening Business Loan
10Pilot Program. The purpose of the pilot program is to stimulate
11investment in Florida's economy by providing loans to expanding
12businesses in the state. As used in this section, the term
13"office" means the Office of Tourism, Trade, and Economic
14Development.
15     (2)  The Legislature finds that it is vital to the overall
16health and growth of the state's economy to promote favorable
17conditions for expanding Florida businesses that demonstrate the
18ability to grow. The Legislature further finds that, due to the
19current extraordinary economic challenges confronting the state,
20there exists a paramount public purpose in expending state
21resources to stimulate investment in Florida's economy. It is
22therefore the intent of the Legislature that resources be
23provided for the pilot program.
24     (3)(a)  To be eligible for a loan under the pilot program,
25an applicant must be a business eligible for assistance under
26the Economic Gardening Technical Assistance Pilot Program as
27provided in s. 288.1082(4)(a).
28     (b)  A loan applicant must submit a written application to
29the loan administrator in the format prescribed by the loan
30administrator. The application must include:
31     1.  The applicant's federal employer identification number,
32unemployment account number, and sales or other tax registration
33number.
34     2.  The street address of the applicant's principal place
35of business in this state.
36     3.  A description of the type of economic activity,
37product, or research and development undertaken by the
38applicant, including the six-digit North American Industry
39Classification System code for each type of economic activity
40conducted by the applicant.
41     4.  The applicant's annual revenue, number of employees,
42number of full-time equivalent employees, and other information
43necessary to verify the applicant's eligibility for the pilot
44program under s. 288.1082(4)(a).
45     5.  The projected investment in the business, if any, that
46the applicant proposes in conjunction with the loan.
47     6.  The total investment in the business from all sources,
48if any, that the applicant proposes in conjunction with the
49loan.
50     7.  The number of net new full-time equivalent jobs that,
51as a result of the loan, the applicant proposes to create in
52this state as of December 31 of each year and the average annual
53wage of the proposed jobs.
54     8.  The total number of full-time equivalent employees the
55applicant currently employs in this state.
56     9.  The date that the applicant anticipates it needs the
57loan.
58     10.  A detailed explanation of why the loan is needed to
59assist the applicant in expanding jobs in the state.
60     11.  A statement that all of the applicant's available
61corporate assets are pledged as collateral for the amount of the
62loan.
63     12.  A statement that the applicant, upon receiving the
64loan, agrees not to seek additional long-term debt without prior
65approval of the loan administrator.
66     13.  A statement that the loan is a joint obligation of the
67business and of each person who owns at least 20 percent of the
68business.
69     14.  Any additional information requested by the office or
70the loan administrator.
71     (c)  The loan administrator, after verifying the accuracy
72of a submitted application, shall award the loan to the
73applicant if the administrator determines that the applicant, as
74compared to other applicants submitting applications, is in the
75best position to use the loan to continue making a successful
76long-term business commitment to the state.
77     (d)  A borrower awarded a loan under this section and the
78loan administrator must enter into a loan agreement that
79provides for the borrower's repayment of the loan.
80     (4)  The following terms apply to a loan received under the
81pilot 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
84capital purchases, employee training, or salaries for newly
85created jobs in the state.
86     (c)  The security interest for the loan's collateral must
87pledge all of the borrower's available corporate assets to cover
88the amount of the loan and must be perfected by recording a lien
89under 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,
92if the borrower does not create the projected number of jobs
93within 24 months after the loan is issued, the interest rate
94shall be increased for the remaining period of the loan to the
95prime rate published in the Wall Street Journal, as of the date
96specified in the loan agreement, plus 4 percent.
97     (f)  For each month of the first 12 months of the loan,
98payment is due for interest only. Thereafter, payment for
99interest and principal is due each month until the loan is
100repaid in full. Interest and principal payments are based on the
101unpaid balance of the total loan amount.
102     (g)  The borrower must remit payments to the loan
103administrator within the first 10 days of each month. The loan
104administrator shall charge the borrower a penalty for late
105payments, and the amount of the penalty must be specified in the
106loan agreement.
107     (5)(a)  The office may designate one or more qualified
108entities to serve as loan administrators for the pilot program.
109A loan administrator must:
110     1.  Be a Florida corporation not for profit incorporated
111under chapter 617 that has its principal place of business in
112the state.
113     2.  Have 5 years of verifiable experience of lending to
114businesses in this state.
115     3.  Submit an application to the office on forms prescribed
116by the office. The application must include the loan
117administrator's business plan for its proposed lending
118activities under the pilot program, including, but not limited
119to, a description of its outreach efforts, underwriting, credit
120policies and procedures, credit decision processes, monitoring
121policies and procedures, and collection practices; the
122membership of its board of directors; and samples of its
123currently used loan documentation. The application must also
124include a detailed description and supporting documentation of
125the nature of the loan administrator's partnerships with local
126or regional economic and business development organizations.
127     (b)  The office, upon selecting a loan administrator, shall
128enter into a grant agreement with the administrator to issue the
129available loans to eligible applicants. The grant agreement must
130specify the aggregate amount of the loans authorized for award
131by the loan administrator. The term of the grant agreement must
132be at least 4 years, except that the office may terminate the
133agreement earlier if the loan administrator fails to meet
134minimum performance standards set by the office. The grant
135agreement may be amended by mutual consent of both parties.
136     (c)  The office shall disburse from the Economic
137Development Trust Fund to the loan administrator the
138appropriations provided for the pilot program. Disbursements to
139the loan administrator must not exceed the aggregate amount of
140the loans authorized in the grant agreement. The office may not
141disburse more than 50 percent of the aggregate amount of the
142loans authorized in the grant agreement until the office
143verifies the borrowers' use of the loan proceeds and the loan
144administrator's successful credit decisionmaking policies.
145     (d)  A loan administrator is entitled to receive a loan
146origination fee, payable at closing, of 1 percent of each loan
147issued by the loan administrator and a servicing fee of 0.625
148percent per annum of the loan's outstanding principal balance,
149payable monthly. The loan administrator shall collect the
150servicing fee from the payments made by the borrower, first
151charging the fee against interest payments and then charging the
152remainder of the fee against repayments of principal.
153     (e)  A loan administrator, after collecting the servicing
154fee in accordance with paragraph (d), shall remit the borrower's
155collected interest, principal payments, and charges for late
156payments to the office on a quarterly basis. If the borrower
157defaults on the loan, the loan administrator shall initiate
158collection efforts to seek repayment of the loan. The loan
159administrator, upon collecting payments for a defaulted loan,
160shall remit the payments to the office but, to the extent
161authorized in the grant agreement, may deduct the costs of the
162administrator's collection efforts. The office shall deposit all
163funds received under this paragraph in the General Revenue Fund.
164     (f)  A loan administrator shall submit quarterly reports to
165the office that include the information required in the grant
166agreement. A quarterly report must include, at a minimum, the
167number of full-time equivalent jobs created as a result of the
168loans, the amount of wages paid to employees in the newly
169created jobs, and the locations and types of economic activity
170undertaken by the borrowers.
171     (6)  The office shall adopt rules under ss. 120.536(1) and
172120.54 to administer this section. To the extent necessary to
173expedite implementation of the pilot program, the office may
174adopt initial emergency rules for the pilot program in
175accordance with s. 120.54(4).
176     (7)  On June 30 and December 31 of each year, beginning in
1772009, the office shall submit a report to the Governor, the
178President of the Senate, and the Speaker of the House of
179Representatives that describes in detail the use of the loan
180funds. The report must include, at a minimum, the number of
181businesses receiving loans, the number of full-time equivalent
182jobs created as a result of the loans, the amount of wages paid
183to employees in the newly created jobs, the locations and types
184of economic activity undertaken by the borrowers, the amounts of
185loan repayments made to date, and the default rate of borrowers.
186     (8)  Unexpended balances of appropriations provided for the
187pilot program shall not revert to the fund from which the
188appropriation was made at the end of a fiscal year but shall be
189retained in the Economic Development Trust Fund and be carried
190forward for expenditure for the pilot program during the
191following fiscal year. A loan administrator may not issue a new
192loan or enter into a loan agreement after June 30, 2011.
193Balances of appropriations provided for the pilot program that
194remain unexpended as of July 1, 2011, shall revert to the
195General Revenue Fund.
196     (9)  This section is repealed July 1, 2019, unless reviewed
197and reenacted by the Legislature before that date.
198     Section 2.  Section 288.1082, Florida Statutes, is created
199to read:
200     288.1082  Economic Gardening Technical Assistance Pilot
201Program.--
202     (1)  There is created within the Office of Tourism, Trade,
203and Economic Development the Economic Gardening Technical
204Assistance Pilot Program. The purpose of the pilot program is to
205stimulate investment in Florida's economy by providing technical
206assistance for expanding businesses in the state. As used in
207this section, the term "office" means the Office of Tourism,
208Trade, and Economic Development.
209     (2)  The office shall contract with one or more entities to
210administer the pilot program under this section. The office
211shall award each contract in accordance with the competitive
212bidding requirements in s. 287.057 to an entity that
213demonstrates it has the ability to implement the pilot program
214on a statewide basis, has an outreach plan, and has the ability
215to provide counseling services, access to technology and
216information, marketing services and advice, business management
217support, and other similar services.
218     (3)  A contracted entity administering the pilot program
219shall provide technical assistance for eligible businesses that
220includes, but is not limited to, the following:
221     (a)  Access to free or affordable information services and
222consulting services, including information on markets,
223customers, and competitors, such as business databases,
224geographic information systems, and search engine marketing.
225     (b)  Information on how to obtain infrastructure, including
226basic physical infrastructure; quality-of-life infrastructure,
227such as parks and open spaces; and intellectual infrastructure
228that provides educational opportunities to help a business
229maintain its competitiveness.
230     (c)  Business connections, including interaction and
231exchange among business owners and resource providers, such as
232trade associations, think tanks, academic institutions, business
233roundtables, peer-to-peer learning sessions, and mentoring
234programs.
235     (4)(a)  To be eligible for assistance under the pilot
236program, a business must be a for-profit, privately held,
237investment-grade business that employs at least 10 persons but
238not more than 99 persons, has maintained its principal place of
239business in the state for at least the previous 2 years,
240generates at least $1 million but not more than $50 million in
241annual revenue, qualifies for the tax refund program for
242qualified target industry businesses under s. 288.106, and,
243during the previous 2-year period, has increased its number of
244full-time equivalent employees in this state by at least 10
245percent.
246     (b)  A contracted entity administering the pilot program,
247in selecting the eligible businesses to receive assistance,
248shall choose businesses in more than one industry cluster that
249are geographically distributed throughout the state or choose
250businesses in partnership with other businesses that are
251geographically distributed throughout the state.
252     (5)(a)  A business receiving assistance under the pilot
253program must enter into an agreement with the contracted entity
254administering the program to establish the business' commitment
255to participation in the pilot program. The agreement must
256require, at a minimum, that the business:
257     1.  Attend a minimum number of meetings between the
258business and the contracted entity administering the pilot
259program.
260     2.  Report job creation data in the manner prescribed by
261the contracted entity administering the pilot program.
262     3.  Provide financial data in the manner prescribed by the
263contracted entity administering the program.
264     (b)  The office or the contracted entity administering the
265pilot program may prescribe additional reporting requirements in
266the agreement that are necessary to track the progress of the
267business and monitor the business' implementation of the
268assistance. The contracted entity shall report the information
269to the office on a quarterly basis.
270     (6)  A contracted entity administering the pilot program is
271an economic development agency as defined in s. 288.075 that is
272authorized to promote the general business interests or
273industrial interests of the state.
274     (7)  The office shall review the progress of a contracted
275entity administering the pilot program at least once each 6
276months and shall determine whether the contracted entity is
277meeting its contractual obligations for administration of the
278pilot program. The office may terminate and rebid a contract if
279the contracted entity does not meet its contractual obligations.
280     (8)  On December 31 of each year, beginning in 2009, the
281office shall submit a report to the Governor, the President of
282the Senate, and the Speaker of the House of Representatives that
283describes in detail the progress of the pilot program. The
284report must include, at a minimum, the number of businesses
285receiving assistance, the number of full-time equivalent jobs
286created as a result of the assistance, if any, the amount of
287wages paid to employees in the newly created jobs, and the
288locations and types of economic activity undertaken by the
289businesses.
290     (9)  The office may adopt rules under ss. 120.536(1) and
291120.54 to administer this section.
292     Section 3.  By December 31, 2012, the Office of Program
293Policy Analysis and Government Accountability shall submit a
294report to the Governor, the President of the Senate, and the
295Speaker of the House of Representatives that evaluates the
296Economic Gardening Technical Assistance Pilot Program in s.
297288.1082, Florida Statutes, and the pilot program's
298effectiveness in expanding the targeted businesses.
299     Section 4.  From the funds provided in a special
300appropriations act for the 2008-2009 fiscal year to the Office
301of Tourism, Trade, and Economic Development for implementation
302of this act, the office may expend up to $1.5 million for
303implementation of the Economic Gardening Technical Assistance
304Pilot Program created in s. 288.1082, Florida Statutes.
305     Section 5.  This act shall take effect upon becoming a law.
306
307
308
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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
312An act relating to economic development; creating s.
313288.1081, F.S.; creating the Economic Gardening Business
314Loan Pilot Program within the Office of Tourism, Trade,
315and Economic Development; providing legislative findings
316and intent; providing a finding of paramount public
317purpose; providing eligibility criteria for the award of
318loans to certain businesses; providing application
319procedures; requiring loan agreements; providing terms of
320loans; providing for use of loan proceeds; requiring
321charges for late payments; providing criteria and
322application procedures for selection of loan
323administrators; requiring a loan administrator to enter
324into a grant agreement; providing for the disbursement of
325certain funds from the Economic Development Trust Fund;
326requiring fees for the loan administrator; providing for
327the collection and deposit of loan payments; requiring the
328loan administrator to submit a report to the office;
329requiring the office to adopt rules; authorizing the use
330of emergency rulemaking procedures; requiring the office
331to submit a report to the Governor and Legislature;
332providing for reversion and carryforward of certain
333unexpended appropriations; prohibiting new loans after a
334specified date; providing for future repeal; creating s.
335288.1082, F.S.; creating the Economic Gardening Technical
336Assistance Pilot Program within the office; requiring the
337office to contract for administration of the pilot
338program; requiring competitive procurement; requiring the
339provision of technical assistance to certain businesses;
340providing eligibility criteria for businesses to receive
341technical assistance; requiring the businesses to enter
342into agreements with the contracted entity administering
343the pilot program; requiring the businesses to report
344certain data; providing that a contracted entity is an
345economic development agency under certain provisions
346relating to confidentiality of records; providing for
347review of contracts; requiring the office to submit a
348report to the Governor and Legislature; authorizing the
349office to adopt rules; directing the Office of Program
350Policy Analysis and Government Accountability to submit a
351report to the Governor and Legislature; authorizing the
352expenditure of certain funds appropriated for the pilot
353program; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.