Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 38-A
       
       
       
       
       
       
                                Barcode 414132                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             01/09/2009 01:24 PM       .                                
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       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         288.1082Economic 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