Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1480
       
       
       
       
       
       
                                Ì890830ÉÎ890830                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Part XIV of chapter 288, Florida Statutes,
    6  consisting of ss. 288.993-288.9937, is created and entitled
    7  Microfinance Programs.”
    8         Section 2. Section 288.993, Florida Statutes, is created to
    9  read:
   10         288.993 Short title.—This part may be cited as the “Florida
   11  Microfinance Act.”
   12         Section 3. Section 288.9931, Florida Statutes, is created
   13  to read:
   14         288.9931 Legislative findings and intent.—The Legislature
   15  finds that the ability of entrepreneurs and small businesses to
   16  access capital is vital to the overall health and growth of this
   17  state’s economy; however, access to capital is limited by the
   18  lack of available credit for entrepreneurs and small businesses
   19  in this state. The Legislature further finds that entrepreneurs
   20  and small businesses could be assisted through the creation of a
   21  program that will provide an avenue for entrepreneurs and small
   22  businesses in this state to access credit. Additionally, the
   23  Legislature finds that business management training, business
   24  development training, and technical assistance are necessary to
   25  ensure that entrepreneurs and small businesses that receive
   26  credit develop the skills necessary to grow and achieve long
   27  term financial stability. The Legislature intends to expand job
   28  opportunities for this state’s workforce by expanding access to
   29  credit to entrepreneurs and small businesses. Furthermore, the
   30  Legislature intends to avoid duplicating existing programs and
   31  to coordinate, assist, augment, and improve access to those
   32  programs for entrepreneurs and small businesses in this state.
   33         Section 4. Section 288.9932, Florida Statutes, is created
   34  to read:
   35         288.9932 Definitions.—As used in this part, the term:
   36         (1) “Applicant” means an entrepreneur or small business
   37  that applies to a lender for a microloan.
   38         (2) “Domiciled in this state” means authorized to do
   39  business in this state and located in this state.
   40         (3) “Entrepreneur” means an individual residing in this
   41  state who desires to assume the risk of organizing, managing,
   42  and operating a small business in this state.
   43         (4) “Network” means the Florida Small Business Development
   44  Center Network.
   45         (5) “Small business” means a business, regardless of
   46  corporate structure, domiciled in this state which employs 25 or
   47  fewer people and generated average annual gross revenues of $1.5
   48  million or less per year for the preceding 2 years. For the
   49  purposes of this part, the identity of a small business is not
   50  affected by name changes or changes in personnel.
   51         Section 5. Section 288.9933, Florida Statutes, is created
   52  to read:
   53         288.9933 Rulemaking authority.—The department may adopt
   54  rules to implement this part.
   55         Section 6. Section 288.9934, Florida Statutes, is created
   56  to read:
   57         288.9934Microfinance Loan Program.—
   58         (1) PURPOSE.—The Microfinance Loan Program is established
   59  in the department to make short-term, fixed-rate microloans in
   60  conjunction with business management training, business
   61  development training, and technical assistance to entrepreneurs
   62  and newly established or growing small businesses for start-up
   63  costs, working capital, and the acquisition of materials,
   64  supplies, furniture, fixtures, and equipment. Participation in
   65  the loan program is intended to enable entrepreneurs and small
   66  businesses to access private financing upon completing the loan
   67  program.
   68         (2) DEFINITION.—As used in this section, the term “loan
   69  administrator” means an entity that enters into a contract with
   70  the department pursuant to this section to administer the loan
   71  program.
   72         (3) REQUEST FOR PROPOSAL.—
   73         (a) By December 1, 2014, the department shall contract with
   74  at least one but not more than three entities to administer the
   75  loan program for a term of 3 years. The department shall award
   76  the contract in accordance with the request for proposal
   77  requirements in s. 287.057 to an entity that:
   78         1. Is a corporation registered in this state;
   79         2. Does not offer checking accounts or savings accounts;
   80         3. Demonstrates that its board of directors and managers
   81  are experienced in microlending and small business finance and
   82  development;
   83         4. Demonstrates that it has the technical skills and
   84  sufficient resources and expertise to:
   85         a. Analyze and evaluate applications by entrepreneurs and
   86  small businesses applying for microloans;
   87         b. Underwrite and service microloans provided pursuant to
   88  this part; and
   89         c. Coordinate the provision of such business management
   90  training, business development training, and technical
   91  assistance as required by this part.
   92         5. Demonstrates that it has established viable, existing
   93  partnerships with public and private, nonstate funding sources,
   94  economic development agencies, and workforce development and job
   95  referral networks; and
   96         6. Demonstrates that it has a plan that includes proposed
   97  microlending activities under the loan program, including, but
   98  not limited to, the types of entrepreneurs and businesses to be
   99  assisted and the size and range of loans the loan administrator
  100  intends to make.
  101         (b) To ensure that prospective loan administrators meet the
  102  requirements of subparagraphs (a)2.-6., the request for proposal
  103  must require submission of the following information:
  104         1. A description of the types of entrepreneurs and small
  105  businesses the loan administrator has assisted in the past, and
  106  the average size and terms of loans made in the past to such
  107  entities;
  108         2. A description of the experience of members of the board
  109  of directors and managers in the areas of microlending and small
  110  business finance and development;
  111         3. A description of the loan administrator’s underwriting
  112  and credit policies and procedures, credit decisionmaking
  113  process, monitoring policies and procedures, and collection
  114  practices, and samples of any currently used loan documentation;
  115         4. A description of the nonstate funding sources that will
  116  be used by the loan administrator in conjunction with the state
  117  funds to make microloans pursuant to this section;
  118         5. The loan administrator’s three most recent financial
  119  audits or, if no prior audits have been completed, the loan
  120  administrator’s three most recent unaudited financial
  121  statements; and
  122         6. A conflict of interest statement from the loan
  123  administrator’s board of directors certifying that a board
  124  member, employee, or agent, or an immediate family member
  125  thereof, or any other person connected to or affiliated with the
  126  loan administrator, is not receiving or will not receive any
  127  type of compensation or remuneration from an entrepreneur or
  128  small business that has received or will receive funds from the
  129  loan program. The department may waive this requirement for good
  130  cause shown. As used in this subparagraph, the term “immediate
  131  family” means a parent, child, or spouse, or any other relative
  132  by blood, marriage, or adoption, of a board member, employee, or
  133  agent of the loan administrator.
  134         (4) CONTRACT AND AWARD OF FUNDS.—
  135         (a) The selected loan administrator must enter into a
  136  contract with the department for a term of 3 years to receive
  137  state funds for the loan program. Funds appropriated to the
  138  program must be reinvested and maintained as a long-term and
  139  stable source of funding for the program. The amount of state
  140  funds used in any microloan made pursuant to this part may not
  141  exceed 50 percent of the total microloan amount. The department
  142  shall establish financial performance measures and objectives
  143  for the loan program and for the loan administrator in order to
  144  maximize the state funds awarded.
  145         (b) State funds may be used only to provide direct
  146  microloans to entrepreneurs and small businesses according to
  147  the limitations, terms, and conditions provided in this part.
  148  Except as provided in subsection (5), state funds may not be
  149  used to pay administrative costs, underwriting costs, servicing
  150  costs, or any other costs associated with providing microloans,
  151  business management training, business development training, or
  152  technical assistance.
  153         (c) The loan administrator shall reserve 10 percent of the
  154  total award amount from the department to provide microloans
  155  pursuant to this part to entrepreneurs and small businesses that
  156  employ no more than five people and generate annual gross
  157  revenues averaging no more than $250,000 per year for the last 2
  158  years.
  159         (d)1. If the loan program is appropriated funding in a
  160  fiscal year, the department shall distribute such funds to the
  161  loan administrator within 30 days of the execution of the
  162  contract by the department and the loan administrator.
  163         2. The total amount of funding allocated to the loan
  164  administrator in a fiscal year may not exceed the amount
  165  appropriated for the loan program in the same fiscal year. If
  166  the funds appropriated to the loan program in a fiscal year
  167  exceed the amount of state funds received by the loan
  168  administrator, such excess funds shall revert to the General
  169  Revenue Fund.
  170         (e) Within 30 days of executing its contract with the
  171  department, the loan administrator must enter into a memorandum
  172  of understanding with the network:
  173         1. For the provision of business management training,
  174  business development training, and technical assistance to
  175  entrepreneurs and small businesses that receive microloans under
  176  this part; and
  177         2. To promote the program to underserved entrepreneurs and
  178  small businesses.
  179         (f) By September 1, 2014, the department shall review
  180  industry best practices and determine the minimum business
  181  management training, business development training, and
  182  technical assistance that must be provided by the network to
  183  achieve the goals of this part.
  184         (g) The loan administrator must meet the requirements of
  185  this section, the terms of its contract with the department, and
  186  any other applicable state or federal laws to be eligible to
  187  receive funds in any fiscal year. The contract with the loan
  188  administrator must specify any sanctions for the loan
  189  administrator’s failure to comply with the contract or this
  190  part.
  191         (5) FEES.—
  192         (a) Except as provided in this section, the department may
  193  not charge fees or interest or require collateral from the loan
  194  administrator. The department may charge an annual fee or
  195  interest of up to 80 percent of the Federal Funds Rate as of the
  196  date specified in the contract for state funds received under
  197  the loan program. The department shall require as collateral an
  198  assignment of the notes receivable of the microloans made by the
  199  loan administrator under the loan program.
  200         (b) The loan administrator is entitled to retain a one-time
  201  administrative servicing fee of 1 percent of the total award
  202  amount to offset the administrative costs of underwriting and
  203  servicing microloans made pursuant to this part. This fee may
  204  not be charged to or paid by microloan borrowers participating
  205  in the loan program. Except as provided in subsection (7)(c),
  206  the loan administrator may not be required to return this fee to
  207  the department.
  208         (c) The loan administrator may not charge interest, fees,
  209  or costs except as authorized in subsection (9).
  210         (d) Except as provided in subsection (7), the loan
  211  administrator is not required to return the interest, fees, or
  212  costs authorized under subsection (9).
  213         (6) REPAYMENT OF AWARD FUNDS.—
  214         (a) After collecting interest and any fees or costs
  215  permitted under this section in satisfaction of all microloans
  216  made pursuant to this part, the loan administrator shall remit
  217  to the department the microloan principal collected from all
  218  microloans made with state funds received under this part.
  219  Repayment of microloan principal to the department may be
  220  deferred by the department for a period not to exceed 6 months;
  221  however, the loan administrator may not provide a microloan
  222  under this part after the contract with the department expires.
  223         (b) If for any reason the loan administrator is unable to
  224  make repayments to the department in accordance with the
  225  contract, the department may accelerate maturity of the state
  226  funds awarded and demand repayment in full. In this event, or if
  227  a loan administrator violates this part or the terms of its
  228  contract, the loan administrator shall surrender to the
  229  department possession of all collateral required pursuant to
  230  subsection (5). Any loss or deficiency greater than the value of
  231  the collateral may be recovered by the department from the loan
  232  administrator.
  233         (c) In the event of a default as specified in the contract,
  234  termination of the contract, or violation of this section, the
  235  state may, in addition to any other remedy provided by law,
  236  bring suit to enforce its interest.
  237         (d) A microloan borrower’s default does not relieve the
  238  loan administrator of its obligation to repay an award to the
  239  department.
  240         (7) CONTRACT TERMINATION.—
  241         (a) The loan administrator’s contract with the department
  242  may be terminated by the department, and the loan administrator
  243  required to immediately return all state funds awarded,
  244  including any fees it would otherwise be entitled to retain
  245  pursuant to subsection (5) for that fiscal year, upon a finding
  246  by the department that:
  247         1. The loan administrator has, within the previous 5 years,
  248  participated in a state-funded economic development program in
  249  this or any other state and was found to have failed to comply
  250  with the requirements of that program;
  251         2. The loan administrator is currently in material
  252  noncompliance with any statute, rule, or program administered by
  253  the department;
  254         3. The loan administrator or any member of its board of
  255  directors, officers, partners, managers, or shareholders has
  256  pled no contest or been found guilty, regardless of whether
  257  adjudication was withheld, of any felony or any misdemeanor
  258  involving fraud, misrepresentation, or dishonesty;
  259         4. The loan administrator failed to meet or agree to the
  260  terms of the contract with the department or failed to meet this
  261  part; or
  262         5. The department finds that the loan administrator
  263  provided fraudulent or misleading information to the department.
  264         (b) The loan administrator’s contract with the department
  265  may be terminated by the department at any time for any reason
  266  upon 30 days’ notice by the department. In such a circumstance,
  267  the loan administrator shall return all awarded state funds to
  268  the department within 60 days of the termination. However, the
  269  loan administrator may retain any fees it has collected pursuant
  270  to subsection (5).
  271         (c) The loan administrator’s contract with the department
  272  may be terminated by the loan administrator at any time for any
  273  reason upon 30 days’ notice by the loan administrator. In such a
  274  circumstance, the loan administrator shall return all awarded
  275  state funds to the department, including any fees it has
  276  retained or would otherwise be entitled to retain pursuant to
  277  subsection (5), within 30 days of the termination.
  278         (8) AUDITS AND REPORTING.—
  279         (a) The loan administrator shall annually submit to the
  280  department a financial audit performed by an independent
  281  certified public accountant and an operational performance audit
  282  for the most recently completed fiscal year. Both audits must
  283  indicate whether any material weakness or instances of material
  284  noncompliance are indicated in the audit.
  285         (b) The loan administrator shall submit quarterly reports
  286  to the department as required by s. 288.9936(3).
  287         (c) The loan administrator shall make its books and records
  288  related to the loan program available to the department or its
  289  designee for inspection upon reasonable notice.
  290         (9) ELIGIBILITY AND APPLICATION.—
  291         (a) To be eligible for a microloan, an applicant must, at a
  292  minimum, be an entrepreneur or small business located in this
  293  state.
  294         (b) Microloans may not be made if the direct or indirect
  295  purpose or result of granting the microloan would be to:
  296         1. Pay off any creditors of the applicant, including the
  297  refund of a debt owed to a small business investment company
  298  organized pursuant to 15 U.S.C. s. 681;
  299         2. Provide funds, directly or indirectly, for payment,
  300  distribution, or as a microloan to owners, partners, or
  301  shareholders of the applicant’s business, except as ordinary
  302  compensation for services rendered;
  303         3. Finance the acquisition, construction, improvement, or
  304  operation of real property which is, or will be, held primarily
  305  for sale or investment;
  306         4. Pay for lobbying activities; or
  307         5. Replenish funds used for any of the purposes specified
  308  in subparagraphs 1.-4.
  309         (c) A microloan applicant shall submit a written
  310  application in the format prescribed by the loan administrator
  311  and shall pay an application fee not to exceed $50 to the loan
  312  administrator.
  313         (d) The following minimum terms apply to a microloan made
  314  by the loan administrator:
  315         1.The amount of a microloan may not exceed $50,000;
  316         2. A borrower may not receive more than $75,000 per year in
  317  total microloans;
  318         3. A borrower may not receive more than two microloans per
  319  year and may not receive more than five microloans in any 3-year
  320  period;
  321         4. The proceeds of the microloan may be used only for
  322  startup costs, working capital, and the acquisition of
  323  materials, supplies, furniture, fixtures, and equipment;
  324         5. The period of any microloan may not exceed 1 year;
  325         6. The interest rate may not exceed the prime rate
  326  published in the Wall Street Journal as of the date specified in
  327  the microloan, plus 1000 basis points;
  328         7. All microloans must be personally guaranteed;
  329         8. The borrower must participate in business management
  330  training, business development training, and technical
  331  assistance as determined by the loan administrator in the
  332  microloan agreement;
  333         9. The borrower shall provide such information as required
  334  by the loan administrator, including monthly job creation and
  335  financial data, in the manner prescribed by the loan
  336  administrator; and
  337         10. The loan administrator may collect fees for late
  338  payments which are consistent with standard business lending
  339  practices and may recover costs and fees incurred for any
  340  collection efforts necessitated by a borrower’s default.
  341         (e) The department may not review microloans made by the
  342  loan administrator pursuant to this part before approval of the
  343  loan by the loan administrator.
  344         (10) STATEWIDE STRATEGIC PLAN.—In implementing this
  345  section, the department shall be guided by the 5-year statewide
  346  strategic plan adopted pursuant to s. 20.60(5). The department
  347  shall promote and advertise the loan program by, among other
  348  things, cooperating with government, nonprofit, and private
  349  industry to organize, host, or participate in seminars and other
  350  forums for entrepreneurs and small businesses.
  351         (11) STUDY.—By December 31, 2014, the department shall
  352  commence or commission a study to identify methods and best
  353  practices that will increase access to credit to entrepreneurs
  354  and small businesses in this state. The study must also explore
  355  the ability of, and limitations on, Florida nonprofit
  356  organizations and private financial institutions to expand
  357  access to credit to entrepreneurs and small businesses in this
  358  state.
  359         (12) CREDIT OF THE STATE.—With the exception of funds
  360  appropriated to the loan program by the Legislature, the credit
  361  of the state may not be pledged. The state is not liable or
  362  obligated in any way for claims on the loan program or against
  363  the loan administrator or the department.
  364         Section 7. Section 288.9935, Florida Statutes, is created
  365  to read:
  366         288.9935Microfinance Guarantee Program.—
  367         (1) The Microfinance Guarantee Program is established in
  368  the department. The purpose of the program is to stimulate
  369  access to credit for entrepreneurs and small businesses in this
  370  state by providing targeted guarantees to loans made to such
  371  entrepreneurs and small businesses. Funds appropriated to the
  372  program must be reinvested and maintained as a long-term and
  373  stable source of funding for the program.
  374         (2) As used in this section, the term “lender” means a
  375  financial institution as defined in s. 655.005.
  376         (3) The department must enter into a contract with
  377  Enterprise Florida, Inc., to administer the Microfinance
  378  Guarantee Program. In administering the program, Enterprise
  379  Florida, Inc., must, at a minimum:
  380         (a) Establish lender and borrower eligibility requirements
  381  in addition to those provided in this section;
  382         (b) Determine a reasonable leverage ratio of loan amounts
  383  guaranteed to state funds; however, the leverage ratio may not
  384  exceed 3 to 1;
  385         (c) Establish reasonable fees and interest;
  386         (d) Promote the program to financial institutions that
  387  provide loans to entrepreneurs and small businesses in order to
  388  maximize the number of lenders throughout the state which
  389  participate in the program;
  390         (e) Enter into a memorandum of understanding with the
  391  network to promote the program to underserved entrepreneurs and
  392  small businesses;
  393         (f) Establish limits on the total amount of loan guarantees
  394  a single lender can receive;
  395         (g) Establish an average loan guarantee amount for loans
  396  guaranteed under this section;
  397         (h) Establish a risk-sharing strategy to be employed in the
  398  event of a loan failure; and
  399         (i) Establish financial performance measures and objectives
  400  for the program in order to maximize the state funds.
  401         (4) Enterprise Florida, Inc., is limited to providing loan
  402  guarantees for loans with total loan amounts of at least $50,000
  403  and not more than $250,000. A loan guarantee may not exceed 50
  404  percent of the total loan amount.
  405         (5) Enterprise Florida, Inc., may not guarantee a loan if
  406  the direct or indirect purpose or result of the loan would be
  407  to:
  408         (a) Pay off any creditors of the applicant, including the
  409  refund of a debt owed to a small business investment company
  410  organized pursuant to 15 U.S.C. s. 681;
  411         (b) Provide funds, directly or indirectly, for payment,
  412  distribution, or as a loan to owners, partners, or shareholders
  413  of the applicant’s business, except as ordinary compensation for
  414  services rendered;
  415         (c) Finance the acquisition, construction, improvement, or
  416  operation of real property which is, or will be, held primarily
  417  for sale or investment;
  418         (d) Pay for lobbying activities; or
  419         (e) Replenish funds used for any of the purposes specified
  420  in paragraphs (a) through (d).
  421         (6) Enterprise Florida, Inc., may not use funds
  422  appropriated from the state for costs associated with
  423  administering the guarantee program.
  424         (7) To be eligible to receive a loan guarantee under the
  425  Microfinance Guarantee Program, a borrower must, at a minimum:
  426         (a) Be an entrepreneur or small business located in this
  427  state;
  428         (b) Employ 25 or fewer people;
  429         (c) Generate average annual gross revenues of $1.5 million
  430  or less per year for the last 2 years; and
  431         (d) Meet any additional requirements established by
  432  Enterprise Florida, Inc.
  433         (8) By October 1 of each year, Enterprise Florida, Inc.,
  434  shall submit a complete and detailed annual report to the
  435  department for inclusion in the department’s report required
  436  under s. 20.60(10). The report must, at a minimum, provide:
  437         (a) A comprehensive description of the program, including
  438  an evaluation of its application and guarantee activities,
  439  recommendations for change, and identification of any other
  440  state programs that overlap with the program;
  441         (b) An assessment of the current availability of and access
  442  to credit for entrepreneurs and small businesses in this state;
  443         (c) A summary of the financial and employment results of
  444  the entrepreneurs and small businesses receiving loan
  445  guarantees, including the number of full-time equivalent jobs
  446  created as a result of the guaranteed loans and the amount of
  447  wages paid to employees in the newly created jobs;
  448         (d) Industry data about the borrowers, including the six
  449  digit North American Industry Classification System (NAICS)
  450  code;
  451         (e) The name and location of lenders that receive loan
  452  guarantees;
  453         (f) The amount of state funds received by Enterprise
  454  Florida, Inc.;
  455         (g) The number of loan guarantee applications received;
  456         (h) The number, duration, location, and amount of
  457  guarantees made;
  458         (i) The number and amount of guaranteed loans outstanding,
  459  if any;
  460         (j) The number and amount of guaranteed loans with payments
  461  overdue, if any;
  462         (k) The number and amount of guaranteed loans in default,
  463  if any;
  464         (l) The repayment history of the guaranteed loans made; and
  465         (m) An evaluation of the program’s ability to meet the
  466  financial performance measures and objectives specified in
  467  subsection (3).
  468         (9) The credit of the state or Enterprise Florida, Inc.,
  469  may not be pledged except for funds appropriated by law to the
  470  Microfinance Guarantee Program. The state is not liable or
  471  obligated in any way for claims on the program or against
  472  Enterprise Florida, Inc., or the department.
  473         Section 8. Section 288.9936, Florida Statutes, is created
  474  to read:
  475         288.9936Annual report of the Microfinance Loan Program.—
  476         (1)The department shall include in the report required by
  477  s. 20.60(10) a complete and detailed annual report on the
  478  Microfinance Loan Program. The report must include:
  479         (a) A comprehensive description of the program, including
  480  an evaluation of its application and funding activities,
  481  recommendations for change, and identification of any other
  482  state programs that overlap with the program;
  483         (b) The financial institutions and the public and private
  484  organizations and individuals participating in the program;
  485         (c) An assessment of the current availability of and access
  486  to credit for entrepreneurs and small businesses in this state;
  487         (d) A summary of the financial and employment results of
  488  the entities receiving microloans;
  489         (e) The number of full-time equivalent jobs created as a
  490  result of the guaranteed loans and the amount of wages paid to
  491  employees in the newly created jobs;
  492         (f) The number and location of prospective lenders that
  493  responded to the department request for proposals;
  494         (g) The amount of state funds received by the lender;
  495         (h) The number of microloan applications received by the
  496  lender;
  497         (i) The number, duration, and location of microloans made
  498  by the lender;
  499         (j) The number and amount of microloans outstanding, if
  500  any;
  501         (k) The number and amount of microloans with payments
  502  overdue, if any;
  503         (l) The number and amount of microloans in default, if any;
  504         (m) The repayment history of the microloans made;
  505         (n) The repayment history and performance of funding
  506  awards;
  507         (o) An evaluation of the program’s ability to meet the
  508  financial performance measures and objectives specified in s.
  509  288.9934; and
  510         (p) A description and evaluation of the technical
  511  assistance and business management and development training
  512  provided by the network pursuant to its memorandum of
  513  understanding with the lender.
  514         (2) The department shall submit the report provided to the
  515  department from Enterprise Florida, Inc., pursuant to
  516  288.9935(7) for inclusion in the department’s annual report
  517  required under s. 20.60(10).
  518         (3) The department shall require at least quarterly reports
  519  from the lender. The lender’s report must include, at a minimum,
  520  the number of microloan applications received, the number of
  521  microloans made, the amount and interest rate of each microloan
  522  made, the amount of technical assistance or business development
  523  and management training provided, the number of full-time
  524  equivalent jobs created as a result of the microloans, the
  525  amount of wages paid to employees in the newly created jobs, the
  526  six-digit North American Industry Classification System (NAICS)
  527  code associated with the borrower’s business, and the borrower’s
  528  locations.
  529         (4) The Office of Program Policy Analysis and Government
  530  Accountability shall conduct a study to evaluate the
  531  effectiveness and return on investment of the State Small
  532  Business Credit Initiative operated in this state pursuant to 12
  533  U.S.C. ss. 5701 et seq. The office shall submit a report to the
  534  President of the Senate and the Speaker of the House of
  535  Representatives by January 1, 2015.
  536         Section 9. Section 288.9937, Florida Statutes, is created
  537  to read:
  538         288.9937Evaluation of programs.—The Office of Program
  539  Policy Analysis and Government Accountability shall analyze,
  540  evaluate, and determine the economic benefits, as defined in s.
  541  288.005, of the first 3 years of the Microfinance Loan Program
  542  and the Microfinance Guarantee Program. The analysis must also
  543  evaluate the number of jobs created, the increase or decrease in
  544  personal income, and the impact on state gross domestic product
  545  from the direct, indirect, and induced effects of the state’s
  546  investment. The analysis must also identify any inefficiencies
  547  in the programs and provide recommendations for changes to the
  548  programs. The office shall submit a report to the President of
  549  the Senate and the Speaker of the House of Representatives by
  550  January 1, 2018. This section expires January 31, 2018.
  551         Section 10. (1) The executive director of the Department of
  552  Economic Opportunity is authorized, and all conditions are
  553  deemed to be met, to adopt emergency rules pursuant to ss.
  554  120.536(1) and 120.54(4), Florida Statutes, for the purpose of
  555  implementing this act.
  556         (2) Notwithstanding any other provision of law, the
  557  emergency rules adopted pursuant to subsection (1) remain in
  558  effect for 6 months after adoption and may be renewed during the
  559  pendency of procedures to adopt permanent rules addressing the
  560  subject of the emergency rules.
  561         (3) This section shall expire October 1, 2015.
  562         Section 11. For the 2014-2015 fiscal year, the sum of $10
  563  million in nonrecurring funds from the General Revenue Fund is
  564  appropriated to the Department of Economic Opportunity to
  565  implement this act. From these nonrecurring funds, the
  566  Department of Economic Opportunity and Enterprise Florida, Inc.,
  567  may spend up to $100,000 to market and promote the Microfinance
  568  Loan Program. For the 2014-2015 fiscal year, one full-time
  569  equivalent position is authorized with $55,000 of salary rate,
  570  and $64,759 of recurring funds and $3,018 of nonrecurring funds
  571  from the State Economic Enhancement and Development Trust Fund,
  572  $12,931 of recurring funds and $604 of nonrecurring funds from
  573  the Tourism Promotional Trust Fund, and $3,233 of recurring
  574  funds and $151 of nonrecurring funds from the Florida
  575  International Trade and Promotion Trust Fund are appropriated to
  576  the Department of Economic Opportunity to implement this act.
  577         Section 12. This act shall take effect July 1, 2014.
  578  
  579  ================= T I T L E  A M E N D M E N T ================
  580  And the title is amended as follows:
  581         Delete everything before the enacting clause
  582  and insert:
  583                        A bill to be entitled                      
  584         An act relating to microfinance; creating Part XIV of
  585         ch. 288, F.S., consisting of ss. 288.993-288.9937,
  586         F.S., relating to microfinance programs; creating s.
  587         288.993, F.S.; providing a short title; creating s.
  588         288.9931, F.S.; providing legislative findings and
  589         intent; creating s. 288.9932, F.S.; defining terms;
  590         creating s. 288.9933, F.S.; authorizing the Department
  591         of Economic Opportunity to adopt rules to implement
  592         this part; creating s. 288.9934, F.S.; establishing
  593         the Microfinance Loan Program; providing a purpose;
  594         defining the term “loan administrator”; requiring the
  595         Department of Economic Opportunity to contract with at
  596         least one entity to administer the program; requiring
  597         the loan administrator to contract with the department
  598         to receive an award of funds; providing other terms
  599         and conditions to receiving funds; specifying fees
  600         authorized to be charged by the department and the
  601         loan administrator; requiring the loan administrator
  602         to remit the microloan principal collected from all
  603         microloans made with state funds received by the loan
  604         administrator; providing for contract termination;
  605         providing for auditing and reporting; requiring
  606         applicants for funds from the Microfinance Loan
  607         Program to meet certain qualifications; requiring the
  608         department to be guided by the 5-year statewide
  609         strategic plan and to advertise and promote the loan
  610         program; requiring the department to perform a study
  611         on methods and best practices to increase the
  612         availability of and access to credit in this state;
  613         prohibiting the pledging of the credit of the state;
  614         authorizing the department to adopt rules; creating s.
  615         288.9935, F.S.; establishing the Microfinance
  616         Guarantee Program; defining the term “lender”;
  617         requiring the department to contract with Enterprise
  618         Florida, Inc., to administer the program; prohibiting
  619         Enterprise Florida, Inc., from guaranteeing certain
  620         loans; requiring borrowers to meet certain conditions
  621         before receiving a loan guarantee; requiring
  622         Enterprise Florida, Inc., to submit an annual report
  623         to the department; prohibiting the pledging of the
  624         credit of the state or Enterprise Florida, Inc.;
  625         creating s. 288.9936, F.S.; requiring the department
  626         to report annually on the Microfinance Loan Program;
  627         requiring the Office of Program Policy Analysis and
  628         Government Accountability to report on the
  629         effectiveness of the State Small Business Credit
  630         Initiative; creating s. 288.9937, F.S.; requiring the
  631         Office of Program Policy Analysis and Government
  632         Accountability to evaluate and report on the
  633         Microfinance Loan Program and the Microfinance
  634         Guarantee Program by a specified date; authorizing the
  635         executive director of the Department of Economic
  636         Opportunity to adopt emergency rules; providing an
  637         appropriation to the Department of Economic
  638         Opportunity; authorizing the Department of Economic
  639         Opportunity and Enterprise Florida, Inc., to spend a
  640         specified amount for marketing and promotional
  641         purposes; authorizing and providing an appropriation
  642         for one full-time equivalent position; providing an
  643         effective date.