Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for SB 38-A
       
       
       
       
       
       
                                Barcode 519212                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/2R          .                                
             01/14/2009 11:28 AM       .                                
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       The Conference Committee on CS for SB 38-A recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3         
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 288.1081, Florida Statutes, is created
    7  to read:
    8         288.1081Economic Gardening Business Loan Pilot Program.—
    9         (1)There is created within the Office of Tourism, Trade,
   10  and Economic Development the Economic Gardening Business Loan
   11  Pilot Program. The purpose of the pilot program is to stimulate
   12  investment in Florida's economy by providing loans to expanding
   13  businesses in the state. As used in this section, the term
   14  “office” means the Office of Tourism, Trade, and Economic
   15  Development.
   16         (2)The Legislature finds that it is vital to the overall
   17  health and growth of the state's economy to promote favorable
   18  conditions for expanding Florida businesses that demonstrate the
   19  ability to grow. The Legislature further finds that, due to the
   20  current extraordinary economic challenges confronting the state,
   21  there exists a public purpose in expending state resources to
   22  stimulate investment in Florida's economy. It is therefore the
   23  intent of the Legislature that resources be provided for the
   24  pilot program.
   25         (3)(a)To be eligible for a loan under the pilot program,
   26  an applicant must be a business eligible for assistance under
   27  the Economic Gardening Technical Assistance Pilot Program as
   28  provided in s. 288.1082(4)(a).
   29         (b)A loan applicant must submit a written application to
   30  the loan administrator in the format prescribed by the loan
   31  administrator. The application must include:
   32         1.The applicant's federal employer identification number,
   33  unemployment account number, and sales or other tax registration
   34  number.
   35         2.The street address of the applicant's principal place of
   36  business in this state.
   37         3.A description of the type of economic activity, product,
   38  or research and development undertaken by the applicant,
   39  including the six-digit North American Industry Classification
   40  System code for each type of economic activity conducted by the
   41  applicant.
   42         4.The applicant's annual revenue, number of employees,
   43  number of full-time equivalent employees, and other information
   44  necessary to verify the applicant's eligibility for the pilot
   45  program under s. 288.1082(4)(a).
   46         5.The projected investment in the business, if any, which
   47  the applicant proposes in conjunction with the loan.
   48         6.The total investment in the business from all sources,
   49  if any, which the applicant proposes in conjunction with the
   50  loan.
   51         7.The number of net new full-time equivalent jobs that, as
   52  a result of the loan, the applicant proposes to create in this
   53  state as of December 31 of each year and the average annual wage
   54  of the proposed jobs.
   55         8.The total number of full-time equivalent employees the
   56  applicant currently employs in this state.
   57         9.The date that the applicant anticipates it needs the
   58  loan.
   59         10.A detailed explanation of why the loan is needed to
   60  assist the applicant in expanding jobs in the state.
   61         11.A statement that all of the applicant's available
   62  corporate assets are pledged as collateral for the amount of the
   63  loan.
   64         12.A statement that the applicant, upon receiving the
   65  loan, agrees not to seek additional long-term debt without prior
   66  approval of the loan administrator.
   67         13.A statement that the loan is a joint obligation of the
   68  business and of each person who owns at least 20 percent of the
   69  business.
   70         14.Any additional information requested by the office or
   71  the loan administrator.
   72         (c)The loan administrator, after verifying the accuracy of
   73  a submitted application, shall award the loan to the applicant
   74  if the administrator determines that the applicant, as compared
   75  to other applicants submitting applications, is in the best
   76  position to use the loan to continue making a successful long
   77  term business commitment to the state. The loan administrator
   78  also shall consider the following factors:
   79         1.Whether the applicant has applied for or received
   80  incentives from local governments;
   81         2.Whether the applicant has applied for or received
   82  waivers of taxes, impact fees, or other fees or charges by local
   83  governments; and
   84         3.What other sources of investments or financing for the
   85  project that is the subject of the loan application will be
   86  available to the applicant.
   87         (d)A borrower awarded a loan under this section and the
   88  loan administrator must enter into a loan agreement that
   89  provides for the borrower's repayment of the loan.
   90         (4)The following terms apply to a loan received under the
   91  pilot program:
   92         (a)The maximum amount of the loan is $250,000.
   93         (b)The proceeds of the loan may be used for working
   94  capital purchases, employee training, or salaries for newly
   95  created jobs in the state.
   96         (c)The security interest for the loan's collateral
   97  covering all of the borrower's available corporate assets to
   98  cover the amount of the loan must be perfected by recording a
   99  lien under the Uniform Commercial Code.
  100         (d)The period of the loan is 4 years.
  101         (e)The interest rate of the loan is 2 percent. However, if
  102  the borrower does not create the projected number of jobs within
  103  the terms of the loan agreement, the interest rate shall be
  104  increased for the remaining period of the loan to the prime rate
  105  published in the Wall Street Journal, as of the date specified
  106  in the loan agreement, plus 4 percentage points. The loan
  107  agreement may provide flexibility in meeting the projected
  108  number of jobs for delays due to governmental regulatory issues,
  109  including, but not limited to, permitting.
  110         (f)For the first 12 months of the loan, payment is due for
  111  interest only, payable during the twelfth month. Thereafter,
  112  payment for interest and principal is due each month until the
  113  loan is paid in full. Interest and principal payments are based
  114  on the unpaid balance of the total loan amount.
  115         (5)(a)The office may designate one or more qualified
  116  entities to serve as loan administrators for the pilot program.
  117  A loan administrator must:
  118         1.Be a Florida corporation not for profit incorporated
  119  under chapter 617 which has its principal place of business in
  120  the state.
  121         2.Have 5 years of verifiable experience of lending to
  122  businesses in this state.
  123         3.Submit an application to the office on forms prescribed
  124  by the office. The application must include the loan
  125  administrator's business plan for its proposed lending
  126  activities under the pilot program, including, but not limited
  127  to, a description of its outreach efforts, underwriting, credit
  128  policies and procedures, credit decision processes, monitoring
  129  policies and procedures, and collection practices; the
  130  membership of its board of directors; and samples of its
  131  currently used loan documentation. The application must also
  132  include a detailed description and supporting documentation of
  133  the nature of the loan administrator's partnerships with local
  134  or regional economic and business development organizations.
  135         (b)The office, upon selecting a loan administrator, shall
  136  enter into a grant agreement with the administrator to issue the
  137  available loans to eligible applicants. The grant agreement must
  138  specify the aggregate amount of the loans authorized for award
  139  by the loan administrator. The term of the grant agreement must
  140  be at least 4 years, except that the office may terminate the
  141  agreement earlier if the loan administrator fails to meet
  142  minimum performance standards set by the office. The grant
  143  agreement may be amended by mutual consent of both parties.
  144         (c)The office shall disburse from the Economic Development
  145  Trust Fund to the loan administrator the appropriations provided
  146  for the pilot program. Disbursements to the loan administrator
  147  must not exceed the aggregate amount of the loans authorized in
  148  the grant agreement. The office may not disburse more than 50
  149  percent of the aggregate amount of the loans authorized in the
  150  grant agreement until the office verifies the borrowers' use of
  151  the loan proceeds and the loan administrator's successful credit
  152  decisionmaking policies.
  153         (d)A loan administrator is entitled to receive a loan
  154  origination fee, payable at closing, of 1 percent of each loan
  155  issued by the loan administrator and a servicing fee of 0.625
  156  percent per annum of the loan's outstanding principle balance,
  157  payable monthly. During the first 12 months of the loan, the
  158  servicing fee shall be paid from the disbursement from the
  159  Economic Development Trust Fund, and thereafter the loan
  160  administrator shall collect the servicing fee from the payments
  161  made by the borrower, charging the fee against repayments of
  162  principal.
  163         (e)A loan administrator, after collecting the servicing
  164  fee in accordance with paragraph (d), shall remit the borrower's
  165  collected interest, principal payments, and charges for late
  166  payments to the office on a quarterly basis. If the borrower
  167  defaults on the loan, the loan administrator shall initiate
  168  collection efforts to seek repayment of the loan. The loan
  169  administrator, upon collecting payments for a defaulted loan,
  170  shall remit the payments to the office but, to the extent
  171  authorized in the grant agreement, may deduct the costs of the
  172  administrator's collection efforts. The office shall deposit all
  173  funds received under this paragraph in the General Revenue Fund.
  174         (f)A loan administrator shall submit quarterly reports to
  175  the office which include the information required in the grant
  176  agreement. A quarterly report must include, at a minimum, the
  177  number of full-time equivalent jobs created as a result of the
  178  loans, the amount of wages paid to employees in the newly
  179  created jobs, and the locations and types of economic activity
  180  undertaken by the borrowers.
  181         (6)All notes, mortgages, security agreements, letters of
  182  credit, or other instruments that are given to secure the
  183  repayment of loans issued in connection with the financing of
  184  any loan under the program, without regard to the status of any
  185  party thereto as a private party, are exempt from taxation by
  186  the state and its political subdivisions. The exemption granted
  187  in this subsection does not apply to any tax imposed by chapter
  188  220 on interest, income, or profits on debt obligations owned by
  189  corporations.
  190         (7)The office shall adopt rules under ss. 120.536(1) and
  191  120.54 to administer this section. To the extent necessary to
  192  expedite implementation of the pilot program, the office may
  193  adopt initial emergency rules for the pilot program in
  194  accordance with s. 120.54(4).
  195         (8)On June 30 and December 31 of each year, beginning in
  196  2009, the office shall submit a report to the Governor, the
  197  President of the Senate, and the Speaker of the House of
  198  Representatives which describes in detail the use of the loan
  199  funds. The report must include, at a minimum, the number of
  200  businesses receiving loans, the number of full-time equivalent
  201  jobs created as a result of the loans, the amount of wages paid
  202  to employees in the newly created jobs, the locations and types
  203  of economic activity undertaken by the borrowers, the amounts of
  204  loan repayments made to date, and the default rate of borrowers.
  205         (9)Unexpended balances of appropriations provided for the
  206  pilot program shall not revert to the fund from which the
  207  appropriation was made at the end of a fiscal year but shall be
  208  retained in the Economic Development Trust Fund and be carried
  209  forward for expenditure for the pilot program during the
  210  following fiscal year. A loan administrator may not award a new
  211  loan or enter into a loan agreement after June 30, 2011.
  212  Balances of appropriations provided for the pilot program which
  213  remain unexpended as of July 1, 2011, shall revert to the
  214  General Revenue Fund.
  215         (10)This section is repealed July 1, 2016, unless reviewed
  216  and reenacted by the Legislature before that date.
  217         Section 2. Section 288.1082, Florida Statutes, is created
  218  to read:
  219         288.1082Economic Gardening Technical Assistance Pilot
  220  Program.—
  221         (1)There is created within the Office of Tourism, Trade,
  222  and Economic Development the Economic Gardening Technical
  223  Assistance Pilot Program. The purpose of the pilot program is to
  224  stimulate investment in Florida's economy by providing technical
  225  assistance for expanding businesses in the state. As used in
  226  this section, the term “office” means the Office of Tourism,
  227  Trade, and Economic Development.
  228         (2)The office shall contract with one or more entities to
  229  administer the pilot program under this section. The office
  230  shall award each contract in accordance with the competitive
  231  bidding requirements in s. 287.057 to an entity that
  232  demonstrates the ability to implement the pilot program on a
  233  statewide basis, has an outreach plan, and has the ability to
  234  provide counseling services, access to technology and
  235  information, marketing services and advice, business management
  236  support, and other similar services. In selecting these
  237  entities, the office also must consider whether the entities
  238  will qualify for matching funds to provide the technical
  239  assistance.
  240         (3)A contracted entity administering the pilot program
  241  shall provide technical assistance for eligible businesses which
  242  includes, but is not limited to:
  243         (a)Access to free or affordable information services and
  244  consulting services, including information on markets,
  245  customers, and competitors, such as business databases,
  246  geographic information systems, and search engine marketing.
  247         (b)Development of business connections, including
  248  interaction and exchange among business owners and resource
  249  providers, such as trade associations, think tanks, academic
  250  institutions, business roundtables, peer-to-peer learning
  251  sessions, and mentoring programs.
  252         (4)(a)To be eligible for assistance under the pilot
  253  program, a business must be a for-profit, privately held,
  254  investment-grade business that employs at least 10 persons but
  255  not more than 50 persons, has maintained its principal place of
  256  business in the state for at least the previous 2 years,
  257  generates at least $1 million but not more than $25 million in
  258  annual revenue, qualifies for the tax refund program for
  259  qualified target industry businesses under s. 288.106, and,
  260  during 3 of the previous 5 years, has increased both its number
  261  of full-time equivalent employees in this state and its gross
  262  revenues.
  263         (b)A contracted entity administering the pilot program, in
  264  selecting the eligible businesses to receive assistance, shall
  265  choose businesses in more than one industry cluster and, to the
  266  maximum extent practicable, shall choose businesses that are
  267  geographically distributed throughout Florida or are in
  268  partnership with businesses that are geographically distributed
  269  throughout Florida.
  270         (5)(a)A business receiving assistance under the pilot
  271  program must enter into an agreement with the contracted entity
  272  administering the program to establish the business's commitment
  273  to participation in the pilot program. The agreement must
  274  require, at a minimum, that the business:
  275         1.Attend a minimum number of meetings between the business
  276  and the contracted entity administering the pilot program.
  277         2.Report job-creation data in the manner prescribed by the
  278  contracted entity administering the pilot program.
  279         3.Provide financial data in the manner prescribed by the
  280  contracted entity administering the program.
  281         (b)The office or the contracted entity administering the
  282  pilot program may prescribe in the agreement additional
  283  reporting requirements that are necessary to track the progress
  284  of the business and monitor the business's implementation of the
  285  assistance. The contracted entity shall report the information
  286  to the office on a quarterly basis.
  287         (6)A contracted entity administering the pilot program is
  288  authorized to promote the general business interests or
  289  industrial interests of the state.
  290         (7)The office shall review the progress of a contracted
  291  entity administering the pilot program at least once each 6
  292  months and shall determine whether the contracted entity is
  293  meeting its contractual obligations for administering the pilot
  294  program. The office may terminate and rebid a contract if the
  295  contracted entity does not meet its contractual obligations.
  296         (8)On December 31 of each year, beginning in 2009, the
  297  office shall submit a report to the Governor, the President of
  298  the Senate, and the Speaker of the House of Representatives
  299  which describes in detail the progress of the pilot program. The
  300  report must include, at a minimum, the number of businesses
  301  receiving assistance, the number of full-time equivalent jobs
  302  created as a result of the assistance, if any, the amount of
  303  wages paid to employees in the newly created jobs, and the
  304  locations and types of economic activity undertaken by the
  305  businesses.
  306         (9)The office may adopt rules under ss. 120.536(1) and
  307  120.54 to administer this section.
  308         Section 3. By December 31, 2012, the Office of Program
  309  Policy Analysis and Government Accountability shall submit a
  310  report to the Governor, the President of the Senate, and the
  311  Speaker of the House of Representatives which evaluates the
  312  Economic Gardening Technical Assistance Pilot Program in s.
  313  288.1082, Florida Statutes, and the pilot program's
  314  effectiveness in expanding the targeted businesses.
  315         Section 4. From the funds specifically appropriated to fund
  316  this act, up to $1.5 million may be used to implement the
  317  Economic Gardening Technical Assistance Pilot Program created in
  318  section 2 of this act.
  319         Section 5. This act shall take effect upon becoming a law.
  320         
  321  ================= T I T L E  A M E N D M E N T ================
  322         And the title is amended as follows:
  323         Delete everything before the enacting clause
  324  and insert:
  325                        A bill to be entitled                      
  326  An act relating to economic development; creating s. 288.1081,
  327  F.S.; creating the Economic Gardening Business Loan Pilot
  328  Program within the Office of Tourism, Trade, and Economic
  329  Development; providing legislative findings and intent;
  330  providing eligibility criteria for the award of loans to certain
  331  businesses; providing application procedures; requiring loan
  332  agreements; providing terms of loans; providing for use of loan
  333  proceeds; providing criteria and application procedures for the
  334  selection of loan administrators; requiring a loan administrator
  335  to enter into a grant agreement; providing for the disbursement
  336  of certain funds from the Economic Development Trust Fund;
  337  requiring fees for the loan administrator; providing for the
  338  collection and deposit of loan payments; requiring the loan
  339  administrator to submit a report to the office; requiring the
  340  office to adopt rules; authorizing the use of emergency
  341  rulemaking procedures; requiring the office to submit a report
  342  to the Governor and Legislature; providing for reversion and
  343  carryforward of certain unexpended appropriations; prohibiting
  344  new loans after a specified date; providing for future repeal;
  345  creating s. 288.1082, F.S.; creating the Economic Gardening
  346  Technical Assistance Pilot Program within the office; requiring
  347  the office to contract for administration of the pilot program;
  348  requiring competitive procurement; requiring the provision of
  349  technical assistance to certain businesses; providing
  350  eligibility criteria for businesses to receive technical
  351  assistance; requiring the businesses to enter into agreements
  352  with the contracted entity administering the pilot program;
  353  requiring the businesses to report certain data; providing that
  354  the contracted entity is an economic development agency;
  355  providing for review of contracts; requiring the office to
  356  submit a report to the Governor and Legislature; authorizing the
  357  office to adopt rules; directing the Office of Program Policy
  358  Analysis and Government Accountability to submit a report to the
  359  Governor and Legislature; authorizing the expenditure of certain
  360  funds appropriated for the pilot program; providing an effective
  361  date.