Senate Bill sb2624
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2624
    By Senator Miller
    18-1486-03
  1                      A bill to be entitled
  2         An act relating to the Florida Black Business
  3         Investment Board; amending s. 288.703, F.S.;
  4         redefining the term "financial institution" for
  5         purposes of the board; amending s. 288.709,
  6         F.S.; deleting a requirement relating to
  7         approval of board by-laws; amending s.
  8         288.7091, F.S.; requiring the board to certify
  9         black business investment corporations;
10         amending s. 288.71, F.S.; providing for the
11         adoption of policies rather than rules;
12         amending s. 288.714, F.S.; revising a reporting
13         date; providing an effective date.
14  
15  Be It Enacted by the Legislature of the State of Florida:
16  
17         Section 1.  Subsection (7) of section 288.703, Florida
18  Statutes, is amended to read:
19         288.703  Definitions.--As used in this act, the
20  following words and terms shall have the following meanings
21  unless the content shall indicate another meaning or intent:
22         (7)  "Financial institution" means any bank, trust
23  company, insurance company, savings and loan association,
24  credit union, federal lending agency, or foundation, or
25  corporation engaged primarily in lending or investing funds.
26         Section 2.  Subsection (1) of section 288.709, Florida
27  Statutes, is amended to read:
28         288.709  Powers of the Florida Black Business
29  Investment Board, Inc.--The board shall have all the powers
30  necessary or convenient to carry out and effectuate the
31  
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2624
    18-1486-03
 1  purposes and provisions of ss. 288.707-288.714, including, but
 2  not limited to, the power to:
 3         (1)  Adopt bylaws for the regulation of its affairs and
 4  the conduct of its business and adopt policies to implement
 5  the provisions of law conferring duties upon it. However, any
 6  proposed bylaws or policies affecting the operation or
 7  administration or financial well-being of any of the black
 8  business investment corporations must first be approved by a
 9  majority of the black business investment corporations. Such
10  bylaws shall provide that the corporation is subject to the
11  requirements of s. 24, Art. I of the State Constitution and
12  chapter 119 and s. 286.011.
13         Section 3.  Subsection (1) of section 288.7091, Florida
14  Statutes, is amended to read:
15         288.7091  Duties of the Florida Black Business
16  Investment Board, Inc.--The Florida Black Business Investment
17  Board, Inc., shall:
18         (1)  Establish certification criteria for black
19  business investment corporations and certify at least once
20  every 5 years, each of the black business investment
21  corporations. Certification criteria shall include
22  administrative capacity, fiduciary controls, and, in the case
23  of existing black business investment corporations, solvency
24  and soundness of prior loan decisions;
25         Section 4.  Section 288.71, Florida Statutes, is
26  amended to read:
27         288.71  Conditions for board action.--The board shall
28  require of all programs in which the board participates that
29  any black business enterprise demonstrate to the appropriate
30  entity that:
31  
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2624
    18-1486-03
 1         (1)  The proposed investment is economically sound and
 2  will benefit the people of the state by increasing
 3  opportunities for employment, strengthening the economy of the
 4  state, or expanding black business enterprises.
 5         (2)  The black business enterprise proposed to be
 6  assisted will be able to compete successfully in the private
 7  sector if it obtains the requested financial assistance and
 8  has, or will obtain, necessary technical or managerial support
 9  through a private mentor, a state or federally sponsored small
10  business assistance center, or other credible source. In
11  determining whether a black business enterprise will be able
12  to compete successfully, the entity shall consider such
13  factors as:
14         (a)  The successful completion of, or participation in,
15  courses of study recognized by an appropriate accrediting
16  agency or appropriate state agency as providing financial,
17  technical, or managerial skills related to the operation of
18  the business by the owner or partner;
19         (b)  The prior success of the owner or partner in
20  personal, career, or business activities;
21         (c)  Amount of local and other financial assistance
22  available to the black business enterprise;
23         (d)  The availability of ongoing technical or
24  managerial assistance by private sources; and
25         (e)  Other factors identified by the board.
26  
27  The board shall adopt policies rules that prescribe criteria
28  used by the board to evaluate applications for financial
29  assistance to black business enterprises.
30         Section 5.  Section 288.714, Florida Statutes, is
31  amended to read:
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2624
    18-1486-03
 1         288.714  Annual report.--By May 1 February 1 of each
 2  year the board of the corporation shall submit to the
 3  Governor, the President of the Senate, the Speaker of the
 4  House of Representatives, and the director of the Office of
 5  Tourism, Trade, and Economic Development a complete and
 6  detailed report setting forth:
 7         (1)  Operations and accomplishments of the corporation;
 8         (2)  The number of black business enterprises which
 9  participated during the past year in programs established or
10  administered by the corporation;
11         (3)  The number of black business enterprises receiving
12  assistance from the corporation and the manner in which the
13  assistance was received;
14         (4)  The status of black business enterprises which
15  participated in programs established or administered by the
16  corporation;
17         (5)  The total number of jobs represented by black
18  business enterprises participating in programs established or
19  administered by the corporation;
20         (6)  Receipts and expenditures of the corporation
21  during its most recent fiscal year in accordance with the
22  categories or classifications established by the corporation
23  for its operating and capital accounts;
24         (7)  Assets and liabilities of the corporation at the
25  end of its most recent fiscal year and the status of its trust
26  funds; and
27         (8)  A schedule of local bonds outstanding authorized
28  by the corporation and capital participation instruments
29  issued by the corporation for the year and the total to date.
30         Section 6.  This act shall take effect July 1, 2003.
31  
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2624
    18-1486-03
 1            *****************************************
 2                          SENATE SUMMARY
 3    Revises provisions relating to powers and duties of the
      Florida Black Business Investment Board. (See bill for
 4    details.)
 5  
 6  
 7  
 8  
 9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  5
CODING: Words stricken are deletions; words underlined are additions.