| 1 | A bill to be entitled |
| 2 | An act relating to economic development; amending ss. |
| 3 | 288.1081 and 288.1082, F.S.; establishing the Economic |
| 4 | Gardening Business Loan Program and the Economic Gardening |
| 5 | Technical Assistance Program as permanent programs; |
| 6 | revising conditions under which loan agreements may |
| 7 | provide borrowers with flexibility in meeting the |
| 8 | projected number of jobs; revising the method for |
| 9 | calculating the servicing fee payable to a loan |
| 10 | administrator; deleting a requirement that certain funds |
| 11 | be deposited in the General Revenue Fund; providing for |
| 12 | use of the funds; deleting an obsolete provision |
| 13 | authorizing the adoption of initial emergency rules; |
| 14 | deleting provision prohibiting the award of new loans |
| 15 | after a specified date; deleting provision for the |
| 16 | reversion of certain unexpended appropriations; deleting |
| 17 | provisions for future repeal of the loan program; revising |
| 18 | the date upon which the Office of Tourism, Trade, and |
| 19 | Economic Development must begin to submit annual reports |
| 20 | to the Governor and Legislature on the loan program and |
| 21 | technical assistance program; providing for retroactive |
| 22 | application of provisions revising the loan program; |
| 23 | providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Section 288.1081, Florida Statutes, is amended |
| 28 | to read: |
| 29 | 288.1081 Economic Gardening Business Loan Pilot Program.- |
| 30 | (1) There is created within the Office of Tourism, Trade, |
| 31 | and Economic Development the Economic Gardening Business Loan |
| 32 | Pilot Program. The purpose of the pilot program is to stimulate |
| 33 | investment in Florida's economy by providing loans to expanding |
| 34 | businesses in the state. As used in this section, the term |
| 35 | "office" means the Office of Tourism, Trade, and Economic |
| 36 | Development. |
| 37 | (2) The Legislature finds that it is vital to the overall |
| 38 | health and growth of the state's economy to promote favorable |
| 39 | conditions for expanding Florida businesses that demonstrate the |
| 40 | ability to grow. The Legislature further finds that, due to the |
| 41 | current extraordinary economic challenges confronting the state, |
| 42 | there exists a public purpose in expending state resources to |
| 43 | stimulate investment in Florida's economy. It is therefore the |
| 44 | intent of the Legislature that resources be provided for the |
| 45 | loan pilot program. |
| 46 | (3)(a) To be eligible for a loan under the pilot program, |
| 47 | an applicant must be a business eligible for assistance under |
| 48 | the Economic Gardening Technical Assistance Pilot Program as |
| 49 | provided in s. 288.1082(4)(a). |
| 50 | (b) A loan applicant must submit a written application to |
| 51 | the loan administrator in the format prescribed by the loan |
| 52 | administrator. The application must include: |
| 53 | 1. The applicant's federal employer identification number, |
| 54 | unemployment account number, and sales or other tax registration |
| 55 | number. |
| 56 | 2. The street address of the applicant's principal place |
| 57 | of business in this state. |
| 58 | 3. A description of the type of economic activity, |
| 59 | product, or research and development undertaken by the |
| 60 | applicant, including the six-digit North American Industry |
| 61 | Classification System code for each type of economic activity |
| 62 | conducted by the applicant. |
| 63 | 4. The applicant's annual revenue, number of employees, |
| 64 | number of full-time equivalent employees, and other information |
| 65 | necessary to verify the applicant's eligibility for the |
| 66 | technical assistance pilot program under s. 288.1082(4)(a). |
| 67 | 5. The projected investment in the business, if any, which |
| 68 | the applicant proposes in conjunction with the loan. |
| 69 | 6. The total investment in the business from all sources, |
| 70 | if any, which the applicant proposes in conjunction with the |
| 71 | loan. |
| 72 | 7. The number of net new full-time equivalent jobs that, |
| 73 | as a result of the loan, the applicant proposes to create in |
| 74 | this state as of December 31 of each year and the average annual |
| 75 | wage of the proposed jobs. |
| 76 | 8. The total number of full-time equivalent employees the |
| 77 | applicant currently employs in this state. |
| 78 | 9. The date that the applicant anticipates it needs the |
| 79 | loan. |
| 80 | 10. A detailed explanation of why the loan is needed to |
| 81 | assist the applicant in expanding jobs in the state. |
| 82 | 11. A statement that all of the applicant's available |
| 83 | corporate assets are pledged as collateral for the amount of the |
| 84 | loan. |
| 85 | 12. A statement that the applicant, upon receiving the |
| 86 | loan, agrees not to seek additional long-term debt without prior |
| 87 | approval of the loan administrator. |
| 88 | 13. A statement that the loan is a joint obligation of the |
| 89 | business and of each person who owns at least 20 percent of the |
| 90 | business. |
| 91 | 14. Any additional information requested by the office or |
| 92 | the loan administrator. |
| 93 | (c) The loan administrator, after verifying the accuracy |
| 94 | of a submitted application, shall award the loan to the |
| 95 | applicant if the administrator determines that the applicant, as |
| 96 | compared to other applicants submitting applications, is in the |
| 97 | best position to use the loan to continue making a successful |
| 98 | long-term business commitment to the state. The loan |
| 99 | administrator also shall consider the following factors: |
| 100 | 1. Whether the applicant has applied for or received |
| 101 | incentives from local governments; |
| 102 | 2. Whether the applicant has applied for or received |
| 103 | waivers of taxes, impact fees, or other fees or charges by local |
| 104 | governments; and |
| 105 | 3. What other sources of investments or financing for the |
| 106 | project that is the subject of the loan application will be |
| 107 | available to the applicant. |
| 108 | (d) A borrower awarded a loan under this section and the |
| 109 | loan administrator must enter into a loan agreement that |
| 110 | provides for the borrower's repayment of the loan. |
| 111 | (4) The following terms apply to a loan received under the |
| 112 | pilot program: |
| 113 | (a) The maximum amount of the loan is $250,000. |
| 114 | (b) The proceeds of the loan may be used for working |
| 115 | capital purchases, employee training, or salaries for newly |
| 116 | created jobs in the state. |
| 117 | (c) The security interest for the loan's collateral |
| 118 | covering all of the borrower's available corporate assets to |
| 119 | cover the amount of the loan must be perfected by recording a |
| 120 | lien under the Uniform Commercial Code. |
| 121 | (d) The period of the loan is 4 years. |
| 122 | (e) The interest rate of the loan is 2 percent. However, |
| 123 | if the borrower does not create the projected number of jobs |
| 124 | within the terms of the loan agreement, the interest rate shall |
| 125 | be increased for the remaining period of the loan to the prime |
| 126 | rate published in the Wall Street Journal, as of the date |
| 127 | specified in the loan agreement, plus 4 percentage points. The |
| 128 | loan agreement may provide flexibility in meeting the projected |
| 129 | number of jobs for delays due to governmental regulatory issues, |
| 130 | such as including, but not limited to, permitting and other |
| 131 | documented justifiable causes. |
| 132 | (f) For the first 12 months of the loan, payment is due |
| 133 | for interest only, payable during the twelfth month. Thereafter, |
| 134 | payment for interest and principal is due each month until the |
| 135 | loan is paid in full. Interest and principal payments are based |
| 136 | on the unpaid balance of the total loan amount. |
| 137 | (5)(a) The office may designate one or more qualified |
| 138 | entities to serve as loan administrators for the pilot program. |
| 139 | A loan administrator must: |
| 140 | 1. Be a Florida corporation not for profit incorporated |
| 141 | under chapter 617 which has its principal place of business in |
| 142 | the state. |
| 143 | 2. Have 5 years of verifiable experience of lending to |
| 144 | businesses in this state. |
| 145 | 3. Submit an application to the office on forms prescribed |
| 146 | by the office. The application must include the loan |
| 147 | administrator's business plan for its proposed lending |
| 148 | activities under the pilot program, including, but not limited |
| 149 | to, a description of its outreach efforts, underwriting, credit |
| 150 | policies and procedures, credit decision processes, monitoring |
| 151 | policies and procedures, and collection practices; the |
| 152 | membership of its board of directors; and samples of its |
| 153 | currently used loan documentation. The application must also |
| 154 | include a detailed description and supporting documentation of |
| 155 | the nature of the loan administrator's partnerships with local |
| 156 | or regional economic and business development organizations. |
| 157 | (b) The office, upon selecting a loan administrator, shall |
| 158 | enter into a grant agreement with the administrator to issue the |
| 159 | available loans to eligible applicants. The grant agreement must |
| 160 | specify the aggregate amount of the loans authorized for award |
| 161 | by the loan administrator. The term of the grant agreement must |
| 162 | be at least 4 years, except that the office may terminate the |
| 163 | agreement earlier if the loan administrator fails to meet |
| 164 | minimum performance standards set by the office. The grant |
| 165 | agreement may be amended by mutual consent of both parties. |
| 166 | (c) The office shall disburse from the Economic |
| 167 | Development Trust Fund to the loan administrator the |
| 168 | appropriations provided for the loan pilot program. |
| 169 | Disbursements to the loan administrator must not exceed the |
| 170 | aggregate amount of the loans authorized in the grant agreement. |
| 171 | The office may not disburse more than 50 percent of the |
| 172 | aggregate amount of the loans authorized in the grant agreement |
| 173 | until the office verifies the borrowers' use of the loan |
| 174 | proceeds and the loan administrator's successful credit |
| 175 | decisionmaking policies. |
| 176 | (d) A loan administrator is entitled to receive a loan |
| 177 | origination fee, payable at closing, of 1 percent of each loan |
| 178 | issued by the loan administrator and a servicing fee of 0.625 |
| 179 | percent per annum of the loan's outstanding principal balance, |
| 180 | payable monthly. During the first 12 months of the loan, the |
| 181 | servicing fee shall be paid from the disbursement from the |
| 182 | Economic Development Trust Fund, and thereafter the loan |
| 183 | administrator shall collect the servicing fee from the payments |
| 184 | made by the borrower, charging the fee against repayments of |
| 185 | principal. |
| 186 | (e) A loan administrator, after collecting the servicing |
| 187 | fee in accordance with paragraph (d), shall use remit the |
| 188 | borrower's collected interest, principal payments, and charges |
| 189 | for late payments to provide additional loans to eligible |
| 190 | borrowers under this section to the office on a quarterly basis. |
| 191 | If the borrower defaults on the loan, the loan administrator |
| 192 | shall initiate collection efforts to seek repayment of the loan. |
| 193 | The loan administrator, upon collecting payments for a defaulted |
| 194 | loan, may shall remit the payments to the office but, to the |
| 195 | extent authorized in the grant agreement, may deduct the costs |
| 196 | of the administrator's collection efforts, and shall use the |
| 197 | remaining payments to provide additional loans to eligible |
| 198 | borrowers under this section. The office shall deposit all funds |
| 199 | received under this paragraph in the General Revenue Fund. |
| 200 | (f) A loan administrator shall submit quarterly reports to |
| 201 | the office which include the information required in the grant |
| 202 | agreement. A quarterly report must include, at a minimum, the |
| 203 | number of full-time equivalent jobs created as a result of the |
| 204 | loans, the amount of wages paid to employees in the newly |
| 205 | created jobs, and the locations and types of economic activity |
| 206 | undertaken by the borrowers. |
| 207 | (6) All notes, mortgages, security agreements, letters of |
| 208 | credit, or other instruments that are given to secure the |
| 209 | repayment of loans issued in connection with the financing of |
| 210 | any loan under the program, without regard to the status of any |
| 211 | party thereto as a private party, are exempt from taxation by |
| 212 | the state and its political subdivisions. The exemption granted |
| 213 | in this subsection does not apply to any tax imposed by chapter |
| 214 | 220 on interest, income, or profits on debt obligations owned by |
| 215 | corporations. |
| 216 | (7) The office shall adopt rules under ss. 120.536(1) and |
| 217 | 120.54 to administer this section. To the extent necessary to |
| 218 | expedite implementation of the pilot program, the office may |
| 219 | adopt initial emergency rules for the pilot program in |
| 220 | accordance with s. 120.54(4). |
| 221 | (8) On June 30 and December 31 of each year, beginning in |
| 222 | 2012 2009, the office shall submit a report to the Governor, the |
| 223 | President of the Senate, and the Speaker of the House of |
| 224 | Representatives which describes in detail the use of the loan |
| 225 | funds. The report must include, at a minimum, the number of |
| 226 | businesses receiving loans, the number of full-time equivalent |
| 227 | jobs created as a result of the loans, the amount of wages paid |
| 228 | to employees in the newly created jobs, the locations and types |
| 229 | of economic activity undertaken by the borrowers, the amounts of |
| 230 | loan repayments made to date, and the default rate of borrowers. |
| 231 | (9) Unexpended balances of appropriations provided for the |
| 232 | loan pilot program shall not revert to the fund from which the |
| 233 | appropriation was made at the end of a fiscal year but shall be |
| 234 | retained in the Economic Development Trust Fund and be carried |
| 235 | forward for expenditure for the loan pilot program during the |
| 236 | following fiscal year. A loan administrator may not award a new |
| 237 | loan or enter into a loan agreement after June 30, 2011. |
| 238 | Balances of appropriations provided for the pilot program which |
| 239 | remain unexpended as of July 1, 2011, shall revert to the |
| 240 | General Revenue Fund. |
| 241 | (10) This section is repealed July 1, 2016, unless |
| 242 | reviewed and reenacted by the Legislature before that date. |
| 243 | Section 2. Section 288.1082, Florida Statutes, is amended |
| 244 | to read: |
| 245 | 288.1082 Economic Gardening Technical Assistance Pilot |
| 246 | Program.- |
| 247 | (1) There is created within the Office of Tourism, Trade, |
| 248 | and Economic Development the Economic Gardening Technical |
| 249 | Assistance Pilot Program. The purpose of the pilot program is to |
| 250 | stimulate investment in Florida's economy by providing technical |
| 251 | assistance for expanding businesses in the state. As used in |
| 252 | this section, the term "office" means the Office of Tourism, |
| 253 | Trade, and Economic Development. |
| 254 | (2) The office shall contract with one or more entities to |
| 255 | administer the technical assistance pilot program under this |
| 256 | section. The office shall award each contract in accordance with |
| 257 | the competitive bidding requirements in s. 287.057 to an entity |
| 258 | that demonstrates the ability to implement the pilot program on |
| 259 | a statewide basis, has an outreach plan, and has the ability to |
| 260 | provide counseling services, access to technology and |
| 261 | information, marketing services and advice, business management |
| 262 | support, and other similar services. In selecting these |
| 263 | entities, the office also must consider whether the entities |
| 264 | will qualify for matching funds to provide the technical |
| 265 | assistance. |
| 266 | (3) A contracted entity administering the pilot program |
| 267 | shall provide technical assistance for eligible businesses which |
| 268 | includes, but is not limited to: |
| 269 | (a) Access to free or affordable information services and |
| 270 | consulting services, including information on markets, |
| 271 | customers, and competitors, such as business databases, |
| 272 | geographic information systems, and search engine marketing. |
| 273 | (b) Development of business connections, including |
| 274 | interaction and exchange among business owners and resource |
| 275 | providers, such as trade associations, think tanks, academic |
| 276 | institutions, business roundtables, peer-to-peer learning |
| 277 | sessions, and mentoring programs. |
| 278 | (4)(a) To be eligible for assistance under the pilot |
| 279 | program, a business must be a for-profit, privately held, |
| 280 | investment-grade business that employs at least 10 persons but |
| 281 | not more than 50 persons, has maintained its principal place of |
| 282 | business in the state for at least the previous 2 years, |
| 283 | generates at least $1 million but not more than $25 million in |
| 284 | annual revenue, qualifies for the tax refund program for |
| 285 | qualified target industry businesses under s. 288.106, and, |
| 286 | during 3 of the previous 5 years, has increased both its number |
| 287 | of full-time equivalent employees in this state and its gross |
| 288 | revenues. |
| 289 | (b) A contracted entity administering the pilot program, |
| 290 | in selecting the eligible businesses to receive assistance, |
| 291 | shall choose businesses in more than one industry cluster and, |
| 292 | to the maximum extent practicable, shall choose businesses that |
| 293 | are geographically distributed throughout Florida or are in |
| 294 | partnership with businesses that are geographically distributed |
| 295 | throughout Florida. |
| 296 | (5)(a) A business receiving assistance under the pilot |
| 297 | program must enter into an agreement with the contracted entity |
| 298 | administering the program to establish the business's commitment |
| 299 | to participation in the pilot program. The agreement must |
| 300 | require, at a minimum, that the business: |
| 301 | 1. Attend a minimum number of meetings between the |
| 302 | business and the contracted entity administering the pilot |
| 303 | program. |
| 304 | 2. Report job creation data in the manner prescribed by |
| 305 | the contracted entity administering the pilot program. |
| 306 | 3. Provide financial data in the manner prescribed by the |
| 307 | contracted entity administering the program. |
| 308 | (b) The office or the contracted entity administering the |
| 309 | pilot program may prescribe in the agreement additional |
| 310 | reporting requirements that are necessary to track the progress |
| 311 | of the business and monitor the business's implementation of the |
| 312 | assistance. The contracted entity shall report the information |
| 313 | to the office on a quarterly basis. |
| 314 | (6) A contracted entity administering the pilot program is |
| 315 | authorized to promote the general business interests or |
| 316 | industrial interests of the state. |
| 317 | (7) The office shall review the progress of a contracted |
| 318 | entity administering the pilot program at least once each 6 |
| 319 | months and shall determine whether the contracted entity is |
| 320 | meeting its contractual obligations for administering the pilot |
| 321 | program. The office may terminate and rebid a contract if the |
| 322 | contracted entity does not meet its contractual obligations. |
| 323 | (8) On December 31 of each year, beginning in 2012 2009, |
| 324 | the office shall submit a report to the Governor, the President |
| 325 | of the Senate, and the Speaker of the House of Representatives |
| 326 | which describes in detail the progress of the pilot program. The |
| 327 | report must include, at a minimum, the number of businesses |
| 328 | receiving assistance, the number of full-time equivalent jobs |
| 329 | created as a result of the assistance, if any, the amount of |
| 330 | wages paid to employees in the newly created jobs, and the |
| 331 | locations and types of economic activity undertaken by the |
| 332 | businesses. |
| 333 | (9) The office may adopt rules under ss. 120.536(1) and |
| 334 | 120.54 to administer this section. |
| 335 | Section 3. The amendments made by this act to s. 288.0181, |
| 336 | Florida Statutes, shall apply retroactively to loans awarded |
| 337 | before the effective date of this act. |
| 338 | Section 4. This act shall take effect July 1, 2011. |