Senate Bill sb2338c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 2338

    By the Committee on Governmental Oversight and Productivity;
    and Senator Villalobos




    302-2248-02

  1                      A bill to be entitled

  2         An act relating to the Florida Minority

  3         Business Loan Mobilization Program; creating s.

  4         288.706, F.S.; providing legislative findings

  5         and intent; creating the Florida Minority

  6         Business Loan Mobilization Program for certain

  7         purposes; providing for program administration

  8         by the Department of Management Services;

  9         authorizing state agencies to disburse a

10         specified amount of a contract award to assist

11         certain minority business enterprise vendors in

12         obtaining working capital financing;

13         authorizing professional services vendors to

14         apply for a specified percentage of a base

15         contract amount; specifying procedures for the

16         Florida Minority Business Loan Mobilization

17         Program; providing for working capital

18         agreements and lines of credit; providing

19         requirements and limitations; providing

20         requirements for prime contract vendors;

21         providing requirements for subcontract vendors;

22         providing contracting state agency

23         requirements; authorizing the Department of

24         Management Services to adopt rules; authorizing

25         the Department of Management Services to

26         maintain a listing of participating financial

27         institutions; providing an effective date.

28

29  Be It Enacted by the Legislature of the State of Florida:

30

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2338
    302-2248-02




  1         Section 1.  Section 288.706, Florida Statutes, is

  2  created to read:

  3         288.706  Florida Minority Business Loan Mobilization

  4  Program.--

  5         (1)  The Legislature finds that it is in the interest

  6  of the public welfare to meaningfully assist minority business

  7  enterprises that are vital to the overall economy of the

  8  state. It is the intent of the Legislature to promote

  9  diversity in state contracting by eliminating barriers to

10  minority business enterprises providing goods and services to

11  the state.  Finally, the Legislature recognizes the

12  contribution of minority business enterprises to employment

13  opportunities in this state.

14         (2)  The Florida Minority Business Loan Mobilization

15  Program is created to promote the development of minority

16  business enterprises, as defined in s. 288.703(2); to increase

17  the ability of minority business enterprises to compete for

18  state contracts; and to sustain the economic growth of

19  minority business enterprises in this state.  The goal of the

20  program is to assist minority business enterprises by

21  facilitating working capital loans to minority business

22  enterprises that are vendors on state agency contracts. The

23  Department of Management Services shall administer the

24  program.

25         (3)  Notwithstanding ss. 215.422(14) and 216.181(16),

26  and pursuant to s. 216.351, under the Florida Minority

27  Business Loan Mobilization Program a state agency is

28  authorized to disburse up to 10 percent of the base contract

29  award amount to assist a minority business enterprise vendor

30  that is awarded a state agency contract for goods or services

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2338
    302-2248-02




  1  in obtaining working capital financing as provided in

  2  subsection (5).

  3         (4)  In lieu of applying for participation in the

  4  Florida Minority Business Loan Mobilization Program, a

  5  minority business enterprise vendor awarded a state-agency

  6  contract for the performance of professional services may

  7  apply with that contracting state agency for up to 5 percent

  8  of the base contract award amount. The contracting state

  9  agency may award such advance in order to facilitate the

10  performance of that contract.

11         (5)  The following Florida Minority Business Loan

12  Mobilization Program procedures apply to minority business

13  enterprise vendors for contracts awarded by a state agency for

14  construction or professional services or for the provision of

15  goods or services:

16         (a)  Upon receipt of an award of a prime contract or

17  subcontract, a minority business enterprise vendor may seek to

18  obtain working-capital financing from a participating

19  financial institution. The minority business enterprise vendor

20  must complete all the necessary requirements of the

21  participating financial institution in order to obtain a

22  working-capital agreement.  A minority business enterprise

23  vendor shall be entitled to participate in the program only if

24  a working-capital agreement is established with a

25  participating financial institution.

26         (b)  The working-capital agreement may provide for a

27  line of credit that is no less than 125 percent and no more

28  than 200 percent of the designated loan mobilization payment

29  described in paragraph (c).

30         (c)  The designated loan mobilization payment is that

31  portion of the base contact award amount that is to be

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2338
    302-2248-02




  1  disbursed by the agency under this section.  The actual amount

  2  of the designated loan mobilization payment shall be no less

  3  than $5,000 and no greater than $250,000.  The amount of the

  4  designated loan mobilization payment shall be:

  5         1.  No less than 5 percent and no more than 10 percent

  6  of the base contract award amount between the prime minority

  7  business enterprise contract vendor and the contracting state

  8  agency; or

  9         2.  No less than 5 percent and no more than 10 percent

10  of the base contract award amount between a subcontract

11  minority business enterprise vendor and a minority business

12  enterprise or nonminority business enterprise prime contract

13  vendor.

14         (d)  The designated loan mobilization payment shall be

15  disbursed pursuant to the working-capital agreement and this

16  subsection, and shall be made payable by the contracting state

17  agency to the minority business enterprise prime contract

18  vendor and the participating financial institution using the

19  tax identification number of the minority business enterprise

20  vendor that is the debtor under the working-capital agreement.

21         (e)  The following procedures shall apply when the

22  minority business enterprise is the prime contract vendor to

23  the contracting state agency:

24         1.  Pursuant to s. 216.351, the provisions of ss.

25  215.422(14) and 216.181(16) do not apply to this paragraph.

26         2.  For construction contracts, the designated loan

27  mobilization payment shall be disbursed when:

28         a.  The minority business enterprise prime contract

29  vendor requests disbursement in the first application for

30  payment; and

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2338
    302-2248-02




  1         b.  The contracting state agency has issued a notice to

  2  proceed and has approved the first application for payment.

  3         3.  For contracts other than construction contracts,

  4  the designated loan mobilization payment shall be disbursed

  5  when:

  6         a.  The minority business enterprise prime contract

  7  vendor requests disbursement by letter delivered to the

  8  contracting state agency after the execution of the contract

  9  but prior to the commencement of work; and

10         b.  The contracting state agency has approved the

11  minority business enterprise prime contract vendor's letter of

12  request.

13         4.  The designated loan mobilization payment may be

14  paid by the contracting state agency prior to the commencement

15  of work. In order to ensure that the contract time provisions

16  do not commence until the minority business enterprise prime

17  contract vendor has adequate working capital, the contract

18  documents may provide that the contract shall commence at such

19  time as the contracting state agency releases the designated

20  loan mobilization payment to the minority business enterprise

21  prime contract vendor and participating financial institution

22  pursuant to the working-capital agreement.

23         (f)  The following procedures shall apply when the

24  minority business enterprise is the subcontract vendor:

25         1.  For purposes of this paragraph, the term

26  "subcontract minority business enterprise vendor" is limited

27  to subcontractors and suppliers to prime contract vendors that

28  contract with a state agency.

29         2.  A designated loan mobilization payment for a

30  subcontract minority business enterprise vendor shall be made:

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2338
    302-2248-02




  1         a.  Upon approval by the contracting state agency of a

  2  letter from the subcontract minority business enterprise

  3  vendor and prime contract vendor that requests the designated

  4  loan mobilization payment and that indicates that the prime

  5  contract vendor is on notice of the request.

  6         b.  Payable to the prime contract vendor, which shall

  7  pay these funds to the subcontract minority business

  8  enterprise vendor within 10 business days after the receipt of

  9  the funds from the state.

10         3.  No prime contract vendor shall retain more than 5

11  percent of the amount earned by a subcontract minority

12  business enterprise vendor participating in this program,

13  except that, if the prime contract vendor is also

14  participating in this program, the amount the prime contract

15  vendor retains shall be subject to the provisions governing

16  prime contract vendors.

17         (6)  All prime contract vendors shall be required to

18  incorporate the designated loan mobilization payment

19  procedures in subcontract agreements or purchase orders with

20  minority business enterprise vendors participating in this

21  program and to cooperate in the release of designated loan

22  mobilization payments to achieve the objective of providing

23  working capital for subcontract minority business enterprise

24  vendors.

25         (7)  The contracting state agency shall encourage prime

26  contract vendors to make weekly or biweekly payments to

27  subcontract minority business enterprise vendors participating

28  in this program.

29         (8)  The contracting state agency shall monitor

30  compliance with this section. Nothing contained in this

31  section shall be construed to limit the contracting state

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2338
    302-2248-02




  1  agency's right to insist upon strict compliance with the

  2  requirements of the contract documents.

  3         (9)  The contracting state agency shall not be a party

  4  to a working-capital agreement between a participating

  5  financial institution and a participating minority business

  6  enterprise vendor. The participating financial institution

  7  shall notify the contracting state-agency head of vendor

  8  program applications received by such institution.

  9         (10)  The Department of Management Services may adopt

10  rules to administer this section.

11         (11)  The Department of Management Services shall

12  maintain a listing of financial institutions willing to

13  participate in the Florida Minority Business Loan Program.

14  This list of financial institutions shall not be exclusive.  A

15  minority business enterprise vendor who has a working

16  relationship with a financial institution is encouraged to

17  request that the financial institution apply to participate as

18  a financial institution for the program.

19         Section 2.  This act shall take effect October 1, 2002.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                             SB 2338

23

24  Ensures consistent use of terms throughout the bill, and that
    the bill's provisions do not conflict with payment rules
25  promulgated by the Comptroller. Clarifies the procedures that
    apply to minority business enterprises that participate in the
26  program. Clarifies the meaning of the term "designated loan
    mobilization payment." Requires the Department of Management
27  Services to maintain a list of participating financial
    institutions.
28

29

30

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.