Florida Senate - 2009 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 38-A Barcode 519212 LEGISLATIVE ACTION Senate . House . . . Floor: AD/2R . 01/14/2009 11:28 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 8 288.1081 Economic 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: 219 288.1082 Economic 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.