The Florida Senate

393.15  Legislative intent; Community Resources Development Trust Fund.--

(1)  The Legislature finds and declares that the development of community-based treatment facilities for persons who are developmentally disabled is desirable and recommended and should be encouraged and fostered by the state. The Legislature further recognizes that the development of such facilities is financially difficult for private individuals, due to initial expenditures required to adapt existing structures to the special needs of persons who are developmentally disabled who may be served in community-based foster care, group home, developmental training, and supported employment programs. Therefore, it is the intent of the Legislature by this act to develop a loan trust fund to provide support and encouragement in the establishment of community-based foster care, group home, developmental training, and supported employment programs for persons who are developmentally disabled.

(2)  As used in this section, a foster care, group home, developmental training, or supported employment program may not be a for-profit corporation, but may be a nonprofit corporation, partnership, or sole proprietorship.

(3)  There is created a Community Resources Development Trust Fund in the State Treasury to be used by the agency for the purpose of granting loans to eligible programs for the initial costs of development of the programs. Loans shall be made only to those facilities which are in compliance with the zoning regulations of the local community. Costs of development may include structural modification, the purchase of equipment and fire and safety devices, preoperational staff training, and the purchase of insurance. Such costs shall not include the actual construction of a facility.

(4)  The agency may grant to an eligible program a lump-sum loan in one payment not to exceed the cost to the program of providing 2 months' services, care, or maintenance to each person who is developmentally disabled to be placed in the program by the agency, or the actual cost of firesafety renovations to a facility required by the state, whichever is greater. Loans granted to programs shall not be in lieu of payment for maintenance, services, or care provided, but shall stand separate and distinct. The agency shall adopt rules, as provided in chapter 120, to determine the standards under which a program shall be eligible to receive a loan as provided in this section and criteria for the equitable allocation of loan trust funds when eligible applications exceed the funds available.

(5)  Any loan granted by the agency under this section shall be repaid by the program within 5 years. A program that operates as a nonprofit corporation meeting the requirements of s. 501(c)(3) of the Internal Revenue Code, and that seeks forgiveness of its loan shall submit to the agency a statement setting forth the service it has provided during the year together with such other information as the agency by rule shall require, and, upon approval of each such annual statement, the agency shall forgive 20 percent of the principal of any such loan granted after June 30, 1975.

(6)  If any program that has received a loan under this section ceases to accept, or provide care, services, or maintenance to persons placed in the program by the department, or if such program files papers of bankruptcy, at that point in time the loan shall become an interest-bearing loan at the rate of 5 percent per annum on the entire amount of the initial loan which shall be repaid within a 1-year period from the date on which the program ceases to provide care, services, or maintenance, or files papers in bankruptcy, and the amount of the loan due plus interest shall constitute a lien in favor of the state against all real and personal property of the program. The lien shall be perfected by the appropriate officer of the agency by executing and acknowledging a statement of the name of the program and the amount due on the loan and a copy of the promissory note, which shall be recorded by the agency with the clerk of the circuit court in the county wherein the program is located. If the program has filed a petition for bankruptcy, the agency shall file and enforce the lien in the bankruptcy proceedings. Otherwise, the lien shall be enforced in the manner provided in s. 85.011 All funds received by the agency from the enforcement of the lien shall be deposited in the Community Resources Development Trust Fund.

History.--ss. 1, 2, 3, ch. 75-197; s. 1, ch. 76-128; s. 1, ch. 79-321; s. 4, ch. 80-174; s. 20, ch. 89-308; s. 52, ch. 96-418; s. 91, ch. 99-8; s. 110, ch. 2004-267.