1 | A bill to be entitled |
2 | An act relating to the Black Business Loan Program; |
3 | amending s. 288.7102, F.S.; revising the recertification |
4 | and audit periods for eligible recipients of the Black |
5 | Business Loan Program; authorizing existing recipients to |
6 | submit certain information to the Office of Tourism, |
7 | Trade, and Economic Development instead of financial |
8 | audits under certain circumstances; authorizing recipients |
9 | to redress audit findings within a specified period; |
10 | providing term of and revising requirements for funding |
11 | agreements between recipients and the office; revising the |
12 | entities with whom the office must consult before adopting |
13 | rules; revising limits on the use of funds for technical |
14 | support to black business enterprises and direct |
15 | administrative costs; conforming provisions; reenacting s. |
16 | 288.7094(2), F.S., relating to black business investment |
17 | corporations, to incorporate changes made by the act in a |
18 | reference thereto; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Section 288.7102, Florida Statutes, is amended |
23 | to read: |
24 | 288.7102 Black Business Loan Program.- |
25 | (1) The Black Business Loan Program is established in the |
26 | Office of Tourism, Trade, and Economic Development. Under the |
27 | program, the office shall annually certify eligible recipients |
28 | for a period of 5 years, recertify existing eligible recipients |
29 | once every 5 years, and subsequently disburse funds annually or |
30 | as appropriated by the Legislature, through such eligible |
31 | recipients, to black business enterprises that cannot obtain |
32 | capital through conventional lending institutions but that could |
33 | otherwise compete successfully in the private sector. |
34 | (2) The office shall establish an application and annual |
35 | certification process for entities seeking funds to participate |
36 | in providing loans, loan guarantees, or investments in black |
37 | business enterprises pursuant to the Florida Black Business |
38 | Investment Act. The office shall process all applications and |
39 | recertifications submitted by June 1 on or before July 31 of the |
40 | same calendar year. |
41 | (3) If the Black Business Loan Program is appropriated any |
42 | funding in a fiscal year, the office shall distribute an equal |
43 | amount of the appropriation, calculated as the total annual |
44 | appropriation divided by the total number of program recipients |
45 | certified on or before July 31 of that fiscal year. |
46 | (4) To be eligible to receive funds and provide loans, |
47 | loan guarantees, or investments under this section, a recipient |
48 | must: |
49 | (a) Be a corporation registered in the state. |
50 | (b) For an existing recipient during the 1st through 4th |
51 | years of the recipient's recertification period, annually submit |
52 | to the office a financial audit or compilation of the |
53 | recipient's financial statement information for the most |
54 | recently completed fiscal year and a copy of the office's most |
55 | recent letter certifying the recipient as qualified for the |
56 | award of funds. |
57 | (c) For an existing recipient during the 5th year of the |
58 | recipient's recertification period, submit to the office a |
59 | recertification application and a financial audit performed by |
60 | an independent certified public account for the most recently |
61 | completed fiscal year, which audit does not reveal any material |
62 | weaknesses or instances of material noncompliance that the |
63 | recipient does not substantially redress within 60 days after |
64 | receipt of the audit report. |
65 | (d)(c) For a new recipient: |
66 | 1. Demonstrate that its board of directors includes |
67 | citizens of the state experienced in the development of black |
68 | business enterprises. |
69 | 2. Demonstrate that the recipient has a business plan that |
70 | allows the recipient to operate in a manner consistent with ss. |
71 | 288.707-288.714 and the rules of the office. |
72 | 3. Demonstrate that the recipient has the technical skills |
73 | to analyze and evaluate applications by black business |
74 | enterprises for loans, loan guarantees, or investments. |
75 | 4. Demonstrate that the recipient has established viable |
76 | partnerships with public and private funding sources, economic |
77 | development agencies, and workforce development and job referral |
78 | networks. |
79 | 5. Demonstrate that the recipient can provide a private |
80 | match equal to 20 percent of the amount of funds provided by the |
81 | office. |
82 | (e)(d) For an existing or new recipient, agree to maintain |
83 | the recipient's books and records relating to funds received by |
84 | the office according to generally accepted accounting principles |
85 | and in accordance with the requirements of s. 215.97(7) and to |
86 | make those books and records available to the office for |
87 | inspection upon reasonable notice. |
88 | (5) Each eligible recipient must meet the provisions of |
89 | ss. 288.707-288.714, the terms of the agreement contract between |
90 | the recipient and the office, and any other applicable state or |
91 | federal laws. An entity may not receive funds under ss. 288.707- |
92 | 288.714 unless the entity meets annual certification |
93 | requirements. |
94 | (6) Upon approval by the office and Before release of the |
95 | funds as provided in this section, the office shall issue a |
96 | letter certifying the eligible recipient applicant as qualified |
97 | for an award. The office and the eligible recipient applicant |
98 | shall enter into an annual agreement that sets forth the |
99 | conditions for award of the funds. The term of any agreement |
100 | between the office and an eligible recipient may not exceed 1 |
101 | year. The agreement must include the total amount of funds |
102 | awarded; the performance conditions that must be met once the |
103 | funding is has been awarded, including, but not limited to, |
104 | compliance with all of the requirements of this section for |
105 | eligible recipients of funds under this section; and sanctions |
106 | for failure to meet performance conditions, including any |
107 | provisions to recover awards. The agreement may not require any |
108 | reporting of or obligation for appropriated funds beyond the 1- |
109 | year term of the agreement, except that appropriated funds |
110 | remaining unexpended at the end of the 1-year agreement must be |
111 | reported until the funds are expended. |
112 | (7) The office, in consultation with the presidents of the |
113 | black business investment corporations board, shall adopt rules |
114 | pursuant to ss. 120.536(1) and 120.54 to implement this section. |
115 | (8) A black business investment corporation certified by |
116 | the office as an eligible recipient under this section is |
117 | authorized to use funds appropriated for the Black Business Loan |
118 | Program in any of the following forms: |
119 | (a) Purchases of stock, preferred or common, voting or |
120 | nonvoting; however, no more than 40 percent of the funds may be |
121 | used for direct investments in black business enterprises; |
122 | (b) Loans or loan guarantees, with or without recourse, in |
123 | either a subordinated or priority position; or |
124 | (c) Technical support to black business enterprises, not |
125 | to exceed 9 percent of the funds received, and direct |
126 | administrative costs, not to exceed 27 12 percent of the funds |
127 | received. |
128 | (9) It is the intent of the Legislature that if any one |
129 | type of investment mechanism authorized in subsection (8) is |
130 | held to be invalid, all other valid mechanisms remain available. |
131 | (10) All loans, loan guarantees, and investments, and any |
132 | income related thereto, shall be used to carry out the public |
133 | purpose of ss. 288.707-288.714, which is to develop black |
134 | business enterprises. This subsection does not preclude a |
135 | reasonable profit for the participating black business |
136 | investment corporation or for return of equity developed to the |
137 | state and participating financial institutions upon any |
138 | distribution of the assets or excess income of the investment |
139 | corporation. |
140 | Section 2. For the purpose of incorporating the amendment |
141 | made by this act to section 288.7102, Florida Statutes, in a |
142 | reference thereto, subsection (2) of section 288.7094, Florida |
143 | Statutes, is reenacted to read: |
144 | 288.7094 Black business investment corporations.- |
145 | (2) A black business investment corporation that meets the |
146 | requirements of s. 288.7102(4) is eligible to participate in the |
147 | Black Business Loan Program and shall receive priority |
148 | consideration by the Office of Tourism, Trade, and Economic |
149 | Development for participation in the program. |
150 | Section 3. This act shall take effect July 1, 2011. |