65G-6.001. Authority to Loan; Provisions and Determination of Eligibility

(1) Eligible Expenses – Trust Funds under this chapter are for the purpose of granting loans to eligible programs. Initial costs of development are those permissible costs for establishment of new programs and those permissible costs necessary for an already established program to initiate the accommodation of hard to place clients. Cost of development may include structural modification, purchase of equipment and fire and other safety devices, and the purchase of insurance. Cost of structural modification shall include only those changes required for compliance with building, fire safety and health codes and those changes necessary for the implementation of the intended program. Purchase of equipment shall include only those basic furnishings, equipment, and appliances necessary to furnish, equip, and maintain the premises and considered essential to the operation of the intended program. Such cost shall not include the actual construction, lease or any other costs of acquisition of the program.

(2) Amounts of Loans – An eligible program may receive a lump sum loan in one payment, not to exceed the approved rate for providing two months of residential or non-residential service to each Agency client to be placed in the program by the Agency. Loans granted to programs shall not be in lieu of payment for residential or non-residential service and care provided, but shall stand separate and distinct. The amount of the monthly care and maintenance payment shall be determined by the appropriate rate or rate formula for the category of client.

(3) Terms of the Loan – Any loan granted through the Trust Fund shall be repaid in five equal annual installments without interest.

(4) A program receiving a loan under the act and operating as a nonprofit corporation meeting the requirements of Section 501(c)3., of the Internal Revenue Code, shall submit to the Agency a report setting forth the service it has provided during the year and upon approval of each such annual statement, the Agency shall forgive 20 per cent of the principal of such loan. The report shall include:

(a) A brief narrative description of the facility and programs;

(b) The age, functioning level and handicapping conditions of the client served;

(c) Client-staff ratio;

(d) The average number of clients served per month for the previous 12 months;

(e) A list of actual loan expenditures;

(f) A report by Agency staff who have surveyed the operation of the facility;

(g) Proof of compliance with health, fire, building and zoning regulations;

(h) Proof of compliance with Section 501(c)3. of the Internal Revenue Code; and,

(i) A recommendation from the Area Administrator that the loan be forgiven.

(5) In the event the borrower ceases to accept and provide care and maintenance to persons placed in the program by the Agency, or the borrower files papers of bankruptcy, at that point, the loan shall become an interest bearing loan at the rate of 5% per annum on the entire amount of the initial loan which shall be repaid within a one year period from the date at which the home ceases to provide care or files papers in bankruptcy and the amount of the loan due plus interest shall constitute a lien in favor of the State of Florida against all real and personal property of the borrower.

Rulemaking Authority 393.15 FS. Law Implemented 393.15 FS. History–New 3-31-76, Amended 1-1-77, Formerly 10F-5.03, 10F-5.003, Amended 9-28-99, Formerly 65B-5.003.