Florida 2019 Regular Session Status: In Committee 1 R cosponsors

SB 1804 — Emergency Loans for Agricultural Producers

Last action — Died in Appropriations Subcommittee on Agriculture, Environment, and General Government

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

192 added · 131 removed

192 line(s) added, 131 removed.

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Florida Senate - 2019 SB 1804 By Senator Albritton 26-02031A-19 20191804__ A bill to be entitled An act relating to emergency loans for agricultural producers;
Florida Senate - 2019 CS for SB 1804 By the Committee on Agriculture;
transferring the Agricultural Economic Development Program from the Department of Agriculture and Consumer Services to the Division of Emergency Management within the Executive Office of the Governor by a type two transfer;
and Senator Albritton 575-03192-19 20191804c1 A bill to be entitled An act relating to emergency loans for agricultural producers;
revising eligibility requirements for the Agricultural Economic Development Program;
renaming the Agricultural Economic Development Program for disaster loans as the Agricultural Economic Development and Disaster Loans Program;
increasing the maximum amounts of program loans;
transferring administration of the program from the Department of Agriculture and Consumer Services to the Division of Emergency Management within the Executive Office of the Governor;
providing the terms of the loans;
revising authorized uses of loan funds;
requiring the division to make an effort to extend the loan terms under certain circumstances;
revising eligibility requirements for loans;
redefining the term “essential physical property” to include irrigation systems;
increasing the total loan limit and deleting the minimum limit;
requiring certain applicants to submit an application within a specified timeframe;
revising loan requirements;
requiring the division to administer the program;
requiring borrowers to pay closing costs;
specifying a limit on such costs and providing that such costs may be paid directly or be financed;
specifying loan limits for certain crops;
requiring the division to work with borrowers in evaluating the need to extend loan terms under certain circumstances;
specifying the minimum and maximum allowable extension term;
redefining the terms “losses” and “essential physical property” and defining the term “direct input costs”;
revising eligible crops;
defining the terms “commercial fishing” and “industrial crops”;
deleting requirements for farm plans and participation in certain training programs;
revising loan application requirements;
providing that farm assets may be used as collateral;
revising requirements for loan repayment;
authorizing remedies for the division relating to loan defaults;
specifying requirements for the division in administering the program;
deleting a provision requiring the department to establish a certain grant program;
conforming a cross-reference;
conforming a provision to changes made by the act;
providing a directive to the Division of Law Revision;
22 Be It Enacted by the Legislature of the State of Florida:
37 Be It Enacted by the Legislature of the State of Florida:
24 Section 1. Pursuant to section 20.06(2), Florida Statutes, the Agricultural Economic Development Program is transferred by a type two transfer from the Department of Agriculture and Consumer Services to the Division of Emergency Management within the Executive Office of the Governor.
39 Section 1. Section 570.82, Florida Statutes, is transferred, renumbered as section 252.65, Florida Statutes, and amended, to read:
Section 2. Section 570.82, Florida Statutes, is transferred, renumbered as section 252.65, Florida Statutes, and amended, to read:
252.65 570.82 Agricultural Economic Development and Disaster Loans Program disaster loans and grants and aid.— (1) USE OF LOAN FUNDS AND LOAN TERMS.— (a) The division shall use funds appropriated for the program to make loans Loan funds to agricultural producers who have experienced losses from a natural disaster or a catastrophic weather socioeconomic condition or event.
252.65 570.82 Agricultural Economic Development Program disaster loans and grants and aid.— (1) USE OF LOAN FUNDS.— (a) Loan funds to agricultural producers who have experienced losses from a natural disaster or a socioeconomic condition or event may be used to:
Such loans may be used to:
1. Restore or replace essential physical property or remove debris from essential physical property.
1. Restore or replace essential physical property or remove debris on farmland or from essential physical property.
2. Pay all or part of production costs associated with the disaster year.
2. Pay all or part of production costs associated with the disaster year, including direct input costs.
3. Pay essential family living expenses.
3. Pay the deductible to repair or replace insured farm or irrigation equipment essential family living expenses.
(b)(c) Funds may be issued as zero-interest direct loans, or as loan guarantees for up to 90 percent of the total loan, in amounts of at least not less than $30,000 but not nor more than $500,000 $300,000.
(c) A loan must be zero-interest and in an amount of not Funds may be issued as direct loans, or as loan guarantees for up to 90 percent of the total loan, in amounts not less than $30,000 nor more than $500,000 $300,000.
Applicants are responsible for closing costs must provide at least 10 percent equity.
The borrower shall pay closing costs, which may not be more than 1 percent of the loan.
(c) For a loan made under this section after the effective date of this act, the term of the loan is 10 years.
The closing costs may be paid directly by the borrower or may be financed as part of the loan Applicants must provide at least 10 percent equity.
If another natural disaster affects the same property for which the applicant received such a loan within the original term of the loan, the division must make an effort to appropriately extend the term.
(c) The following loan limits apply per federal employer identification number:
(d) For purposes of this subsection, the term:
1. For timber, up to $500 per acre.
1. “Losses” means loss or damage to crops, agricultural products, agricultural facilities, infrastructure, or farmworker housing.
2. For cotton, up to $275 per acre.
2. “Essential physical property” means fences, equipment, structural production facilities such as shade houses and greenhouses, other agricultural facilities, infrastructure, irrigation systems, or farmworker housing.
3. For peanuts, up to $125 per acre.
(2) ELIGIBLE CROPS.—Crops eligible for the emergency loan program include:
(d) The term of the loan is 10 years.
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If a subsequent natural disaster or catastrophic weather event affects the same property for which a borrower has an outstanding loan made under this section and that loan is still within its original term, the division must work with the borrower to evaluate the necessity of extending the term of the loan.
The evaluation must include, but need not be limited to, a review of the borrower’s financial condition, the availability of other financial resources or programs, and consistency with the administration of the program under subsection (8).
If the division determines it necessary to extend the term of the loan, the extension may be for up to an additional 5 years but must be for at least 1 year.
(e)(d) As used in For purposes of this subsection, the term:
1. “Direct input costs” means costs incurred for:
a. Seed;
b. A boll weevil eradication program under part I of chapter 593;
c. Fertilizer, lime, or other soil amendment;
d. Chicken litter;
e. Chemicals;
f. Custom application;
g. Hand weeding;
h. Crop scouting;
i. Fuel and lube;
j. Repairs and maintenance;
k. Irrigation;
l. Labor;
m. Insurance;
n. Land rent;
o. Interest on operating capital;
p. Drying and cleaning;
or q. Marketing and fees.
3.1. “Losses” means loss or damage to crops;, agricultural products;, agricultural facilities;, farm, ranch, or dairy infrastructure;, or irrigation equipment farmworker housing.
2. “Essential physical property” means fences;, equipment;, structural production facilities such as shade houses and greenhouses;, other agricultural facilities;, farm, ranch, or dairy infrastructure;, or irrigation equipment farmworker housing.
(2) ELIGIBLE AGRICULTURAL PRODUCERS CROPS.—Agricultural producers of the following crops are eligible for the emergency loan program Crops eligible for the emergency loan program include:
(d) Specialty crops, such as seafood and aquaculture, including, but not limited to, the products of shellfish cultivation and harvesting, ornamental fish farming, and commercial fishing;
(d) Specialty crops, such as seafood and aquaculture, including, but not limited to, the products of shellfish or oyster cultivation and harvesting, ornamental fish farming, and commercial fishing;
As used in this paragraph, the term “commercial fishing” means the activity of catching fish or other seafood for commercial profit.
As used in this paragraph, the term “industrial crops” means crops that provide materials for industrial processes and products, such as soybeans, cotton lint and cottonseed, flax, or tobacco.
A borrower may be required to participate in a financial management training program and obtain crop insurance.
A borrower may be required to participate in a financial management training program and obtain crop insurance as a risk management tool.
(4) LOAN APPLICATION.— (a) In order to qualify for a loan under this section, an applicant must:
(4) LOAN APPLICATION.—In order to qualify for a loan under this section, an applicant must:
1. Submit an application to the division department within 90 days after the date the natural disaster or socioeconomic condition or event occurs or the crop damage becomes apparent;.
(a) Submit an application to the division department within 1 year 90 days after the date the natural disaster or catastrophic weather socioeconomic condition or event occurs or the crop damage becomes apparent.
2. An applicant must Be a citizen of the United States and a bona fide resident of the state and must also demonstrate the need for economic assistance and demonstrate that he or she has the ability to repay the loan.
(b) Be An applicant must be a citizen of the United States and a bona fide resident of this the state, and must also demonstrate the need for economic assistance, and demonstrate that he or she has the ability to repay the loan.
Only one loan may be issued per federal employer identification number;
Only one loan may be issued per federal employer identification number.
and 3. Be approved by the division.
(c) Provide sufficient evidence to the division that he or she used crop insurance as a risk management tool, if available, at the time of the natural disaster or catastrophic weather event.
(b) An applicant who had an established farm before October 7, 2018, and who experienced losses due to Hurricane Michael during the 2018 hurricane season shall submit an application to the division within 60 days after the effective date of this act.
(d) Be approved by the division.
(6) LOAN REPAYMENT.—Repayment of the loans for crops, livestock, and non-real-estate losses shall normally be made within 10 7 years or, in special circumstances, within 20 years.
(6) LOAN REPAYMENT.—A borrower shall repay the loan Repayment of loans for crops, livestock, and non-real-estate losses shall normally be made within 10 7 years or, except a borrower who received an extension of a loan as provided in paragraph (1)(d) shall repay the loan by the expiration of the extension in special circumstances, within 20 years.
A loan may not be extended or repaid beyond 15 years.
(7) ADMINISTRATION.—The division shall administer this program in a manner consistent with federal disaster relief, prioritizing the maximization of federal aid.
(7) LOAN DEFAULT.—In the event of a default by a borrower, the division may bring suit to enforce its interest, in addition to any other remedy provided by law.
(8) ADMINISTRATION.—The division shall administer the program in a manner consistent with federal disaster relief, prioritizing the maximization of federal aid.
All loan repayments must be returned to the fund from which the appropriation for the program was made.
Section 3. Subsection (2) of section 201.25, Florida Statutes, is amended to read:
Section 2. Subsection (2) of section 201.25, Florida Statutes, is amended to read:
(2) Any loan made by the Agricultural Economic Development Program pursuant to s.
(2) Any loan made by the Agricultural Economic Development and Disaster Loans Program pursuant to s.
Section 4. The Division of Law Revision is directed to replace the phrase “the effective date of this act” wherever it occurs in this act, with the date this act becomes a law.
Section 3. This act shall take effect upon becoming a law.
Section 5. This act shall take effect upon becoming a law.
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Action History

  1. Died in Appropriations Subcommittee on Agriculture, Environment, and General Government

  2. Indefinitely postponed and withdrawn from consideration

  3. CS by Agriculture read 1st time

  4. Now in Appropriations Subcommittee on Agriculture, Environment, and General Government

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS by Agriculture; YEAS 5 NAYS 0

  7. Introduced

  8. On Committee agenda-- Agriculture, 03/18/19, 1:30 pm, 301 Senate Building

  9. Referred to Agriculture; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations

  10. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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Frequently asked questions

Who sponsors SB 1804?
SB 1804 is sponsored by Albritton, Ben (Republican).
What is the current status of SB 1804?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1804?
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