Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for SB 38-A Barcode 414132 LEGISLATIVE ACTION Senate . House . . . Floor: 1/F/2R . 01/09/2009 01:24 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Lawson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 51 - 344 4 and insert: 5 (1) There is created within Enterprise Florida the Economic 6 Gardening Business Loan Pilot Program. The purpose of the pilot 7 program is to stimulate investment in Florida's economy by 8 providing loans to expanding businesses in the state. As used in 9 this section, the term “office” means Enterprise Florida. 10 (2) The Legislature finds that it is vital to the overall 11 health and growth of the state's economy to promote favorable 12 conditions for expanding Florida businesses that demonstrate the 13 ability to grow. It is therefore the intent of the Legislature 14 that resources be provided for the pilot program in order to 15 respond to the current extraordinary economic challenges 16 confronting the state. 17 (3)(a) To be eligible for a loan under the pilot program, 18 an applicant must be a business eligible for assistance under 19 the Economic Gardening Technical Assistance Pilot Program as 20 provided in s. 288.1082(4)(a). 21 (b) A loan applicant must submit a written application to 22 the loan administrator in the format prescribed by the loan 23 administrator. The application must include: 24 1. The applicant's federal employer identification number, 25 unemployment account number, and sales or other tax registration 26 number. 27 2. The street address of the applicant's principal place of 28 business in this state. 29 3. A description of the type of economic activity, product, 30 or research and development undertaken by the applicant, 31 including the six-digit North American Industry Classification 32 System code for each type of economic activity conducted by the 33 applicant. 34 4. The applicant's annual revenue, number of employees, 35 number of full-time equivalent employees, and other information 36 necessary to verify the applicant's eligibility for the pilot 37 program under s. 288.1082(4)(a). 38 5. The projected investment in the business, if any, which 39 the applicant proposes in conjunction with the loan. 40 6. The total investment in the business from all sources, 41 if any, which the applicant proposes in conjunction with the 42 loan. 43 7. The number of net new full-time equivalent jobs that, as 44 a result of the loan, the applicant proposes to create in this 45 state as of December 31 of each year and the average annual wage 46 of the proposed jobs. 47 8. The total number of full-time equivalent employees the 48 applicant currently employs in this state. 49 9. The date that the applicant anticipates it needs the 50 loan. 51 10. A detailed explanation of why the loan is needed to 52 assist the applicant in expanding jobs in the state. 53 11. A statement that all of the applicant's corporate 54 assets are pledged as collateral for the loan. 55 12. A statement that the applicant, upon receiving the 56 loan, agrees not to seek additional long-term debt without prior 57 approval of the loan administrator. 58 13. A statement that the loan is a joint obligation of the 59 business and of each person who owns at least 20 percent of the 60 business. 61 14. Any additional information requested by the office or 62 the loan administrator. 63 (c) The loan administrator, after verifying the accuracy of 64 a submitted application, shall award the loan to the applicant 65 if the administrator determines that the applicant, as compared 66 to other applicants submitting applications, is in the best 67 position to use the loan to continue making a successful long 68 term business commitment to the state. The loan administrator 69 also shall consider the following factors: 70 1. Incentives awarded to the applicant from local 71 governments; 72 2. Waivers of taxes, impact fees, or other fees or charges 73 by local governments; and 74 3. Other sources of investments or financing for the 75 project that is the subject of the loan application. 76 (d) A borrower awarded a loan under this section and the 77 loan administrator must enter into a loan agreement that 78 provides for the borrower's repayment of the loan. 79 (4) The following terms apply to a loan received under the 80 pilot program: 81 (a) The maximum amount of the loan is $250,000. 82 (b) The proceeds of the loan may be used for working 83 capital purchases, employee training, or salaries for newly 84 created jobs in the state. 85 (c) The security interest for the loan's collateral 86 covering all of the borrower's corporate assets must be 87 perfected by recording a lien under the Uniform Commercial Code. 88 (d) The period of the loan is 4 years. 89 (e) The interest rate of the loan is 2 percent. However, if 90 the borrower does not create the projected number of jobs within 91 the terms of the contract, the interest rate shall be increased 92 for the remaining period of the loan to the prime rate published 93 in the Wall Street Journal, as of the date specified in the loan 94 agreement, plus 4 percent. 95 (f) For each month of the first 12 months of the loan, 96 payment is due for interest only. Thereafter, payment for 97 interest and principal is due each month until the loan is 98 repaid in full. Interest and principal payments are based on the 99 unpaid balance of the total loan amount. 100 (5)(a) The office may designate one or more qualified 101 entities to serve as loan administrators for the pilot program. 102 A loan administrator must: 103 1. Be a Florida corporation not for profit incorporated 104 under chapter 617 which has its principal place of business in 105 the state. 106 2. Have 5 years of verifiable experience of lending to 107 businesses in this state. 108 3. Submit an application to the office on forms prescribed 109 by the office. The application must include the loan 110 administrator's business plan for its proposed lending 111 activities under the pilot program, including, but not limited 112 to, a description of its outreach efforts, underwriting, credit 113 policies and procedures, credit decision processes, monitoring 114 policies and procedures, and collection practices; the 115 membership of its board of directors; and samples of its 116 currently used loan documentation. The application must also 117 include a detailed description and supporting documentation of 118 the nature of the loan administrator's partnerships with local 119 or regional economic and business development organizations. 120 (b) The office, upon selecting a loan administrator, shall 121 enter into a grant agreement with the administrator to issue the 122 available loans to eligible applicants. The grant agreement must 123 specify the aggregate amount of the loans authorized for award 124 by the loan administrator. The term of the grant agreement must 125 be at least 4 years, except that the office may terminate the 126 agreement earlier if the loan administrator fails to meet 127 minimum performance standards set by the office. The grant 128 agreement may be amended by mutual consent of both parties. 129 (c) The office shall disburse from the Economic Development 130 Trust Fund to the loan administrator the appropriations provided 131 for the pilot program. Disbursements to the loan administrator 132 must not exceed the aggregate amount of the loans authorized in 133 the grant agreement. The office may not disburse more than 50 134 percent of the aggregate amount of the loans authorized in the 135 grant agreement until the office verifies the borrowers' use of 136 the loan proceeds and the loan administrator's successful credit 137 decisionmaking policies. 138 (d) A loan administrator is entitled to receive a loan 139 origination fee, payable at closing, of 1 percent of each loan 140 issued by the loan administrator and a monthly servicing fee of 141 0.625 percent of each payment made by the borrower. The loan 142 administrator shall collect the monthly servicing fee from the 143 payments made by the borrower, first charging the fee against 144 interest payments and then charging the remainder of the fee 145 against repayments of principal. 146 (e) A loan administrator, after collecting the servicing 147 fee in accordance with paragraph (d), shall remit the borrower's 148 collected interest and principal payments to the office on a 149 quarterly basis. If the borrower defaults on the loan, the loan 150 administrator shall initiate collection efforts to seek 151 repayment of the loan. The loan administrator, upon collecting 152 payments for a defaulted loan, shall remit the payments to the 153 office but, to the extent authorized in the grant agreement, may 154 deduct the costs of the administrator's collection efforts. The 155 office shall deposit all funds received under this paragraph in 156 the General Revenue Fund. 157 (f) A loan administrator shall submit quarterly reports to 158 the office which include the information required in the grant 159 agreement. A quarterly report must include, at a minimum, the 160 number of full-time equivalent jobs created as a result of the 161 loans, the amount of wages paid to employees in the newly 162 created jobs, and the locations and types of economic activity 163 undertaken by the borrowers. 164 (6) The office shall adopt rules under ss. 120.536(1) and 165 120.54 to administer this section. To the extent necessary to 166 expedite implementation of the pilot program, the office may 167 adopt initial emergency rules for the pilot program in 168 accordance with s. 120.54(4). 169 (7) On June 30 and December 31 of each year, beginning in 170 2009, the office shall submit a report to the Governor, the 171 President of the Senate, and the Speaker of the House of 172 Representatives which describes in detail the use of the loan 173 funds. The report must include, at a minimum, the number of 174 businesses receiving loans, the number of full-time equivalent 175 jobs created as a result of the loans, the amount of wages paid 176 to employees in the newly created jobs, the locations and types 177 of economic activity undertaken by the borrowers, the amounts of 178 loan repayments made to date, and the default rate of borrowers. 179 (8) Unexpended balances of appropriations provided for the 180 pilot program shall not revert to the fund from which the 181 appropriation was made at the end of a fiscal year but shall be 182 retained in the Economic Development Trust Fund and be carried 183 forward for expenditure for the pilot program during the 184 following fiscal year. A loan administrator may not award a new 185 loan or enter into a loan agreement after June 30, 2011. 186 Balances of appropriations provided for the pilot program which 187 remain unexpended as of July 1, 2011, shall revert to the 188 General Revenue Fund. 189 (9) This section is repealed July 1, 2016, unless reviewed 190 and reenacted by the Legislature before that date. 191 Section 2. Section 288.1082, Florida Statutes, is created 192 to read: 193 288.1082 Economic Gardening Technical Assistance Pilot 194 Program.— 195 (1) There is created within Enterprise Florida the Economic 196 Gardening Technical Assistance Pilot Program. The purpose of the 197 pilot program is to stimulate investment in Florida's economy by 198 providing technical assistance for expanding businesses in the 199 state. As used in this section, the term “office” means 200 Enterprise Florida. 201 (2) The office shall contract with one or more entities to 202 administer the pilot program under this section. The office 203 shall award each contract in accordance with the competitive 204 bidding requirements in s. 287.057 to an entity that 205 demonstrates the ability to implement the pilot program on a 206 statewide basis and the capability to provide counseling 207 services, access to technology and information, marketing 208 services and advice, business management support, and other 209 similar services. In selecting these entities, the office must 210 consider whether the entities will qualify for matching funds 211 for this purpose. 212 (3) A contracted entity administering the pilot program 213 shall provide technical assistance for eligible businesses which 214 includes, but is not limited to: 215 (a) Access to free or affordable information services and 216 consulting services, including information on markets, 217 customers, and competitors, such as business databases, 218 geographic information systems, and search engine marketing. 219 (b) Information on how to obtain infrastructure, including 220 basic physical infrastructure; quality-of-life infrastructure, 221 such as parks and open spaces; and intellectual infrastructure 222 that provides educational opportunities to help a business 223 maintain its competitiveness. 224 (c) Business connections, including interaction and 225 exchange among business owners and resource providers, such as 226 trade associations, think tanks, academic institutions, business 227 roundtables, peer-to-peer learning sessions, and mentoring 228 programs. 229 (4)(a) To be eligible for assistance under the pilot 230 program, a business must be a for-profit, privately held, 231 investment-grade business that employs at least 10 persons but 232 not more than 50 persons, has maintained its principal place of 233 business in the state for at least the previous 2 years, 234 generates at least $1 million but not more than $25 million in 235 annual revenue, qualifies for the tax refund program for 236 qualified target industry businesses under s. 288.106, and 237 during 3 of the previous 5 years, has steadily increased its 238 number of full-time equivalent employees in this state and 239 steadily increased its gross revenues. 240 (b) A contracted entity administering the pilot program, in 241 selecting the eligible businesses to receive assistance, shall 242 choose businesses in more than one industry cluster and, to the 243 maximum extent practicable, shall choose businesses that are 244 geographically distributed throughout the state. 245 (5)(a) A business receiving assistance under the pilot 246 program must enter into an agreement with the contracted entity 247 administering the program to establish the business's commitment 248 to participation in the pilot program. The agreement must 249 require, at a minimum, that the business: 250 1. Attend a minimum number of meetings between the business 251 and the contracted entity administering the pilot program. 252 2. Report job-creation data in the manner prescribed by the 253 contracted entity administering the pilot program. 254 3. Provide financial data in the manner prescribed by the 255 contracted entity administering the program. 256 (b) The office or the contracted entity administering the 257 pilot program may prescribe additional reporting requirements in 258 the agreement which are necessary to track the progress of the 259 business and monitor the business's implementation of the 260 assistance. The contracted entity shall report the information 261 to the office on a quarterly basis. 262 (6) A contracted entity administering the pilot program is 263 authorized to promote the general business interests or 264 industrial interests of the state. 265 (7) The office shall review the progress of a contracted 266 entity administering the pilot program at least once each 6 267 months and shall determine whether the contracted entity is 268 meeting its contractual obligations for administering the pilot 269 program. The office may terminate and rebid a contract if the 270 contracted entity does not meet its contractual obligations. 271 (8) On December 31 of each year, beginning in 2009, the 272 office shall submit a report to the Governor, the President of 273 the Senate, and the Speaker of the House of Representatives 274 which describes in detail the progress of the pilot program. The 275 report must include, at a minimum, the number of businesses 276 receiving assistance, the number of full-time equivalent jobs 277 created as a result of the assistance, if any, the amount of 278 wages paid to employees in the newly created jobs, and the 279 locations and types of economic activity undertaken by the 280 businesses. 281 (9) The office may adopt rules under ss. 120.536(1) and 282 120.54 to administer this section. 283 Section 3. By December 31, 2012, the Office of Program 284 Policy Analysis and Government Accountability shall submit a 285 report to the Governor, the President of the Senate, and the 286 Speaker of the House of Representatives which evaluates the 287 Economic Gardening Technical Assistance Pilot Program in s. 288 288.1082, Florida Statutes, and the pilot program's 289 effectiveness in expanding the targeted businesses. 290 Section 4. From the funds provided in a special 291 appropriations act for the 2008-2009 fiscal year to Enterprise 292 Florida for implementation of this act, Enterprise Florida may 293 expend up to $1.5 million for implementation of the Economic 294 Gardening Technical Assistance Pilot Program created in s. 295 288.1082, Florida Statutes. 296 297 ================= T I T L E A M E N D M E N T ================ 298 And the title is amended as follows: 299 Delete lines 4 - 40 300 and insert: 301 Business Loan Pilot Program within Enterprise Florida; providing 302 legislative findings and intent; providing eligibility criteria 303 for the award of loans to certain businesses; providing 304 application procedures; requiring loan agreements; providing 305 terms of loans; providing for use of loan proceeds; providing 306 criteria and application procedures for the selection of loan 307 administrators; requiring a loan administrator to enter into a 308 grant agreement; providing for the disbursement of certain funds 309 from the Economic Development Trust Fund; requiring fees for the 310 loan administrator; providing for the collection and deposit of 311 loan payments; requiring the loan administrator to submit a 312 report to Enterprise Florida; requiring Enterprise Florida to 313 adopt rules; authorizing the use of emergency rulemaking 314 procedures; requiring Enterprise Florida to submit a report to 315 the Governor and Legislature; providing for reversion and 316 carryforward of certain unexpended appropriations; prohibiting 317 new loans after a specified date; providing for future repeal; 318 creating s. 288.1082, F.S.; creating the Economic Gardening 319 Technical Assistance Pilot Program within Enterprise Florida; 320 requiring Enterprise Florida to contract for administration of 321 the pilot program; requiring competitive procurement; requiring 322 the provision of technical assistance to certain businesses; 323 providing eligibility criteria for businesses to receive 324 technical assistance; requiring the businesses to enter into 325 agreements with the contracted entity administering the pilot 326 program; requiring the businesses to report certain data; 327 providing that the contracted entity is an economic development 328 agency; providing for review of contracts; requiring Enterprise 329 Florida to submit a report to the Governor and Legislature; 330 authorizing Enterprise Florida to adopt rules; directing the 331 Office of Program Policy Analysis