To formalize the emergency rules used to implement the Economic Gardening Business Loan Pilot Program

EXECUTIVE OFFICE OF THE GOVERNOR
Office of Tourism, Trade and Economic Development

RULE NO: RULE TITLE
27M-4.001: Forms and Definitions
27M-4.002: Competitive Application for Selection as Lon Administrator
27M-4.003: Certification Decision
PURPOSE AND EFFECT: To formalize the emergency rules used to implement the Economic Gardening Business Loan Pilot Program
SUMMARY: The rule established a competitive application process for loan administrator for the Pilot Program and governed the contract for that program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 288.1081 FS.
LAW IMPLEMENTED: 288.1081 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Ramsey Dennard, Office of Tourism, Trade, and Economic Development, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

27M-4.001 Definitions and Forms.

As used in Emergency Rules 27M-4.001, 27M-4.002, and 27M-4.003, F.A.C., the following capitalized terms have the meanings indicated. All referenced forms are available on the internet at http://www.flgov.com/otted_home or may be obtained from the Office.

(1) “Act” means the Economic Gardening Business Loan Pilot Program, Section 288.1081. F.S.

(2) “Agreement” means the standard “Economic Gardening Business Loan Administrator Agreement” form OTTED 8102-4 (3/09), which is hereby incorporated by reference.

(3) “Applicant” means a corporation that seeks selection under Section 288.1081, F.S., as a Recipient of funds to provide loans pursuant to the Act.

(4) “Application” means the standard “Application for Selection as Loan Administrator under the Economic Gardening Business Loan Pilot Program” form OTTED 8102-1 (3/09), which is hereby incorporated by reference.

(5) “Application Evaluation Form” means the standard “Economic Gardening Loan Pilot Program Application Evaluation” form OTTED 8102-2 (3/09), which is hereby incorporated by reference.

(6) “Application Period” means the period during which Applicants submit Applications, which shall be received by the Office between May 18 through June 5 (or the next business day) of each year in which there is a legislative appropriation to fund the Program.

(7) “Eligible” means that an Applicant has demonstrated they be a Florida Corporation not-for-profit incorporated under Chapter 617, F.S., which has its principal place of business in Florida, have five years of verifiable experience of lending to businesses in Florida and have satisfied of each of the requirements specified in Section 288.1081, F.S.

(8) “Loan Administrator” means an Applicant that, after a competitive selection process, the Office selects to receive Program funds and that executes an Agreement with the Office.

(9) “Office” means the Office of Tourism, Trade and Economic Development, whose address is Suite 1902, The Capitol, 402 S. Monroe Street, Tallahassee, Florida 32399-0001.

(10) “Program” means the Economic Gardening Business Loan Pilot Program established by Section 288.1081, F.S.

(11) “Review Committee” means a committee of no more than eight (8) individuals selected by the Office which includes representation from the finance and lending community, Enterprise Florida, and the business community or a representative of the business community.

(12) “Summary Ranking and Recommendation Form” means standard “Economic Gardening Business Loan Pilot Program Summary Ranking and Recommendation Form” form OTTED 8102-3 (3/09), which is hereby incorporated by reference.

Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New________.

 

27M-4.002 Competitive Application for Selection as Loan Administrator.

(1) An Applicant shall submit the original and three copies of its completed Application to the Office during the Application Period.

(2) The Office shall date and time stamp all Applications upon receipt, and thereafter take reasonable steps to preserve the integrity of the Application and any revisions.

(3) Upon the close of the Application Period, the Review Committee shall have ten (10) business days to review each Application for completeness and to notify any Applicant in writing if the Review Committee determines that its Application is incomplete. The Review Committee’s notice shall specify the reasons for its determination, and the Applicant shall have ten (10) business days after receipt of such notice to submit a revised Application to the Office. If the Applicant fails to submit a revised Application within the required time, the Review Committee shall notify the Applicant in writing that it is removed from further consideration.

(4) The Review Committee shall evaluate each complete Application and document its evaluation using the Application Evaluation Form. No officer, director, employee, or agent of any Applicant shall participate in the evaluation process.

(5) Within thirty (30) days after the close of the Application Period, the Review Committee shall deliver to the Office the completed Summary Ranking and Recommendation Form along with the original and one copy of each Application and its related Application Evaluation Form.

Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New________.

 

27M-4.003 Certification Decision.

(1) Within ten (10) business days after receiving the Summary Ranking and Recommendation Form and supporting materials, the Office shall notify the Applicant or Applicants has/have been selected by the Review Committee as the Loan Administrator.

(2) The Office shall issue a letter to each Applicant selected as a Loan Administrator. Receipt of Program funds shall be conditioned upon their appropriation and availability, and upon the Recipient’s execution of the Agreement. The Office shall notify in writing each Applicant whose Application is denied. The Office’s certification shall be subject to review under Chapter 120 of the Florida Statutes.

Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Ramsey Dennard, Office of Tourism, Trade, and Economic Development, [phone], [e-mail]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dale A. Brill, Ph.D.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 16, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 23, 2009