Before the coronavirus pandemic struck in March, many Florida small businesses had high hopes for a fruitful year. But like a storm cloud, COVID-19 enveloped the business community, grinding small businesses across the state to a halt. Facing the dire prospect of closing for good, many small businesses and not-for-profit organizations eagerly awaited emergency state and federal funding. Yet, as funding became available, small businesses faced a daunting new challenge—navigating the application process.

In response to state and federal emergency funding programs, attorneys from across Florida stepped up in the early stages to provide much needed pro bono legal support. Those commendable efforts helped some small businesses weather the storm and receive much- needed relief. Yet for many more, the request for aid went unanswered. State and federal funds were exhausted within weeks. Though some Florida businesses have reopened, many are looking at a fourth month of closed doors—an entire quarter of disrupted revenue. More help is needed, and Florida lawyers are in a unique position to help.

A little help from an attorney can go a long way toward relieving the stress and anxiety of applying for these programs. If the first round of funding taught us anything, it is that navigating a seemingly ever-changing application process, fraught with crashing websites, hours-long wait times, and attempts to identify a lender, exposed feelings of fear, grief and isolation. Particularly in these uncertain times, well-timed counsel from an attorney who takes the time to understand the concerns of a small business owner and who can explain the various programs, goes beyond rebuilding confidence—it shows that we are all in this together.

From the moment we began providing pro bono legal assistance, it was clear that many small business owners worried that their applications would get passed over because they did not have robust relationships with lenders, lawyers on retainer or accountants on staff to help them. They felt like they were at the back of the line for funding that was meant to help them keep their employees on the payroll and to keep the lights on.

One small business owner who owned a food truck could not get her bank to return her phone calls. Evident of the lack of clear guidance, she was told that, as a sole proprietor, she would not be eligible for relief when indeed she was. More than legal advice, she needed someone to tell her that it was going to be OK, that none of this was her fault, and that we are going to get through this together.

Similarly, a not-for-profit foster care organization applied as soon as the program Economic Injury Disaster Loan (EIDL) was announced. Yet, their application was sidelined for weeks because they submitted multiple applications pursuant to changing SBA instructions. Their Paycheck Protection Program (PPP) application was denied for different reasons. After the first lender failed to submit their application under the first round of funding, they applied in the second round with a different lender. Unbeknownst to them, the first lender also submitted their application in the second round, triggering a denial letter and undue delays. With tenacious advocacy, both issues were resolved and the foster care organization got the economic relief it desperately needed. Their educators and counselors were kept on the payroll, enabling them to continue mentoring and educating the foster youth in our communities.

Every small business that weathers the storm brought by the coronavirus is a community resource preserved.  It is the community daycare center formed by grandparents, that without emergency relief would not only be forced to close its doors and lay off its employees, but when this storm finally passes, it will leave a void in communities filled with parents who count on those services.  It is the eclectic coffee shop/meeting space, founded by friends, that despite their rally to convert their brick and mortar business to an online presence, would be forced to turn off the lights to their once budding dream without emergency aid, leaving an empty space and an empty building in our communities. It is the community not-for-profit organization that survives on the generosity of others to perform its selfless acts of service that, without emergency funding, would simply fade from existence, and the many who rely on those selfless acts would be left wanting.

A new round of funding has been approved and there is much work attorneys can do to help. The second round of "interim" emergency funding, called the Paycheck Protection Program and Health Care Enhancement Act, was signed into law on April 24. This funding replenished both the PPP and EIDL programs.

The PPP guidelines have also shifted yet again. Congress recently passed, and the president signed, a law that reduces the amount required to be spent on payroll from 75% to 60% to receive forgiveness, which increases the amount that can be spent on rent, mortgage payments, utilities and interest on loans. The law also extends the window businesses have to use the funds from eight weeks to 24 weeks, extends the June 30 deadline to rehire workers until Dec. 31, 2020, and extends the time recipients have to repay the loan. However, the forgiveness guidelines are more complicated, and there will be substantial need for attorney guidance, as is evident by the 11-page Paycheck Protection Program Loan Forgiveness application on the SBA website.

The EIDL program is also available; however, the SBA has limited applications to agricultural small businesses at this time.  It is expected that the EIDL program will soon be accepting applications from all qualifying small businesses.

Each of these programs and processes represents an opportunity to help a small business survive the economic effects of COVID-19, preserving these community resources so that we may be able to enjoy them and rely on them again after this storm passes. For attorneys, this is a call to get involved in this meaningful work, however you can.

Attorneys can lend their support through pro bono programs, such as those at Legal Services of Greater Miami. A list of volunteer opportunities can also be found on The Florida Bar website.

Corey Gray and Vanessa Tussey are associates at Boies Schiller Flexner in Fort Lauderdale.