Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 7023, 1st Eng.
       
       
       
       
       
       
                                Ì732244ÇÎ732244                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
               Floor: 1d/RE/2R         .                                
             05/01/2014 03:18 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Benacquisto moved the following:
       
    1         Senate Amendment to Amendment (494350) (with title
    2  amendment)
    3  
    4         Between lines 1760 and 1761
    5  insert:
    6         Section 43. Part XIV of chapter 288, Florida Statutes,
    7  consisting of ss. 288.993-288.9937, is created and entitled
    8  Microfinance Programs.”
    9         Section 44. Section 288.993, Florida Statutes, is created
   10  to read:
   11         288.993 Short title.—This part may be cited as the “Florida
   12  Microfinance Act.”
   13         Section 45. Section 288.9931, Florida Statutes, is created
   14  to read:
   15         288.9931 Legislative findings and intent.—The Legislature
   16  finds that the ability of entrepreneurs and small businesses to
   17  access capital is vital to the overall health and growth of this
   18  state’s economy; however, access to capital is limited by the
   19  lack of available credit for entrepreneurs and small businesses
   20  in this state. The Legislature further finds that entrepreneurs
   21  and small businesses could be assisted through the creation of a
   22  program that will provide an avenue for entrepreneurs and small
   23  businesses in this state to access credit. Additionally, the
   24  Legislature finds that business management training, business
   25  development training, and technical assistance are necessary to
   26  ensure that entrepreneurs and small businesses that receive
   27  credit develop the skills necessary to grow and achieve long
   28  term financial stability. The Legislature intends to expand job
   29  opportunities for this state’s workforce by expanding access to
   30  credit to entrepreneurs and small businesses. Furthermore, the
   31  Legislature intends to avoid duplicating existing programs and
   32  to coordinate, assist, augment, and improve access to those
   33  programs for entrepreneurs and small businesses in this state.
   34         Section 46. Section 288.9932, Florida Statutes, is created
   35  to read:
   36         288.9932 Definitions.—As used in this part, the term:
   37         (1) “Applicant” means an entrepreneur or small business
   38  that applies to a loan administrator for a microloan.
   39         (2) “Domiciled in this state” means authorized to do
   40  business in this state and located in this state.
   41         (3) “Entrepreneur” means an individual residing in this
   42  state who desires to assume the risk of organizing, managing,
   43  and operating a small business in this state.
   44         (4) “Network” means the Florida Small Business Development
   45  Center Network.
   46         (5) “Small business” means a business, regardless of
   47  corporate structure, domiciled in this state which employs 25 or
   48  fewer people and generated average annual gross revenues of $1.5
   49  million or less per year for the preceding 2 years. For the
   50  purposes of this part, the identity of a small business is not
   51  affected by name changes or changes in personnel.
   52         Section 47. Section 288.9933, Florida Statutes, is created
   53  to read:
   54         288.9933 Rulemaking authority.—The department may adopt
   55  rules to implement this part.
   56         Section 48. Section 288.9934, Florida Statutes, is created
   57  to read:
   58         288.9934Microfinance Loan Program.—
   59         (1) PURPOSE.—The Microfinance Loan Program is established
   60  in the department to make short-term, fixed-rate microloans in
   61  conjunction with business management training, business
   62  development training, and technical assistance to entrepreneurs
   63  and newly established or growing small businesses for start-up
   64  costs, working capital, and the acquisition of materials,
   65  supplies, furniture, fixtures, and equipment. Participation in
   66  the loan program is intended to enable entrepreneurs and small
   67  businesses to access private financing upon completing the loan
   68  program.
   69         (2) DEFINITION.—As used in this section, the term “loan
   70  administrator” means an entity that enters into a contract with
   71  the department pursuant to this section to administer the loan
   72  program.
   73         (3) REQUEST FOR PROPOSAL.—
   74         (a) By December 1, 2014, the department shall contract with
   75  at least one but not more than three entities to administer the
   76  loan program for a term of 3 years. The department shall award
   77  the contract in accordance with the request for proposal
   78  requirements in s. 287.057 to an entity that:
   79         1. Is a corporation registered in this state;
   80         2. Does not offer checking accounts or savings accounts;
   81         3. Demonstrates that its board of directors and managers
   82  are experienced in microlending and small business finance and
   83  development;
   84         4. Demonstrates that it has the technical skills and
   85  sufficient resources and expertise to:
   86         a. Analyze and evaluate applications by entrepreneurs and
   87  small businesses applying for microloans;
   88         b. Underwrite and service microloans provided pursuant to
   89  this part; and
   90         c. Coordinate the provision of such business management
   91  training, business development training, and technical
   92  assistance as required by this part.
   93         5. Demonstrates that it has established viable, existing
   94  partnerships with public and private nonstate funding sources,
   95  economic development agencies, and workforce development and job
   96  referral networks; and
   97         6. Demonstrates that it has a plan that includes proposed
   98  microlending activities under the loan program, including, but
   99  not limited to, the types of entrepreneurs and businesses to be
  100  assisted and the size and range of loans the loan administrator
  101  intends to make.
  102         (b) To ensure that prospective loan administrators meet the
  103  requirements of subparagraphs (a)2.-6., the request for proposal
  104  must require submission of the following information:
  105         1. A description of the types of entrepreneurs and small
  106  businesses the loan administrator has assisted in the past, and
  107  the average size and terms of loans made in the past to such
  108  entities;
  109         2. A description of the experience of members of the board
  110  of directors and managers in the areas of microlending and small
  111  business finance and development;
  112         3. A description of the loan administrator’s underwriting
  113  and credit policies and procedures, credit decisionmaking
  114  process, monitoring policies and procedures, and collection
  115  practices, and samples of any currently used loan documentation;
  116         4. A description of the nonstate funding sources that will
  117  be used by the loan administrator in conjunction with the state
  118  funds to make microloans pursuant to this section;
  119         5. The loan administrator’s three most recent financial
  120  audits or, if no prior audits have been completed, the loan
  121  administrator’s three most recent unaudited financial
  122  statements; and
  123         6. A conflict of interest statement from the loan
  124  administrator’s board of directors certifying that a board
  125  member, employee, or agent, or an immediate family member
  126  thereof, or any other person connected to or affiliated with the
  127  loan administrator, is not receiving or will not receive any
  128  type of compensation or remuneration from an entrepreneur or
  129  small business that has received or will receive funds from the
  130  loan program. The department may waive this requirement for good
  131  cause shown. As used in this subparagraph, the term “immediate
  132  family” means a parent, child, or spouse, or any other relative
  133  by blood, marriage, or adoption, of a board member, employee, or
  134  agent of the loan administrator.
  135         (4) CONTRACT AND AWARD OF FUNDS.—
  136         (a) The selected loan administrator must enter into a
  137  contract with the department for a term of 3 years to receive
  138  state funds for the loan program. Funds appropriated to the
  139  program must be reinvested and maintained as a long-term and
  140  stable source of funding for the program. The amount of state
  141  funds used in any microloan made pursuant to this part may not
  142  exceed 50 percent of the total microloan amount. The department
  143  shall establish financial performance measures and objectives
  144  for the loan program and for the loan administrator in order to
  145  maximize the state funds awarded.
  146         (b) State funds may be used only to provide direct
  147  microloans to entrepreneurs and small businesses according to
  148  the limitations, terms, and conditions provided in this part.
  149  Except as provided in subsection (5), state funds may not be
  150  used to pay administrative costs, underwriting costs, servicing
  151  costs, or any other costs associated with providing microloans,
  152  business management training, business development training, or
  153  technical assistance.
  154         (c) The loan administrator shall reserve 10 percent of the
  155  total award amount from the department to provide microloans
  156  pursuant to this part to entrepreneurs and small businesses that
  157  employ no more than five people and generate annual gross
  158  revenues averaging no more than $250,000 per year for the last 2
  159  years.
  160         (d)1. If the loan program is appropriated funding in a
  161  fiscal year, the department shall distribute such funds to the
  162  loan administrator within 30 days of the execution of the
  163  contract by the department and the loan administrator.
  164         2. The total amount of funding allocated to the loan
  165  administrator in a fiscal year may not exceed the amount
  166  appropriated for the loan program in the same fiscal year. If
  167  the funds appropriated to the loan program in a fiscal year
  168  exceed the amount of state funds received by the loan
  169  administrator, such excess funds shall revert to the General
  170  Revenue Fund.
  171         (e) Within 30 days of executing its contract with the
  172  department, the loan administrator must enter into a memorandum
  173  of understanding with the network:
  174         1. For the provision of business management training,
  175  business development training, and technical assistance to
  176  entrepreneurs and small businesses that receive microloans under
  177  this part; and
  178         2. To promote the program to underserved entrepreneurs and
  179  small businesses.
  180         (f) By September 1, 2014, the department shall review
  181  industry best practices and determine the minimum business
  182  management training, business development training, and
  183  technical assistance that must be provided by the network to
  184  achieve the goals of this part.
  185         (g) The loan administrator must meet the requirements of
  186  this section, the terms of its contract with the department, and
  187  any other applicable state or federal laws to be eligible to
  188  receive funds in any fiscal year. The contract with the loan
  189  administrator must specify any sanctions for the loan
  190  administrator’s failure to comply with the contract or this
  191  part.
  192         (5) FEES.—
  193         (a) Except as provided in this section, the department may
  194  not charge fees or interest or require collateral from the loan
  195  administrator. The department may charge an annual fee or
  196  interest of up to 80 percent of the Federal Funds Rate as of the
  197  date specified in the contract for state funds received under
  198  the loan program. The department shall require as collateral an
  199  assignment of the notes receivable of the microloans made by the
  200  loan administrator under the loan program.
  201         (b) The loan administrator is entitled to retain a one-time
  202  administrative servicing fee of 1 percent of the total award
  203  amount to offset the administrative costs of underwriting and
  204  servicing microloans made pursuant to this part. This fee may
  205  not be charged to or paid by microloan borrowers participating
  206  in the loan program. Except as provided in subsection (7)(c),
  207  the loan administrator may not be required to return this fee to
  208  the department.
  209         (c) The loan administrator may not charge interest, fees,
  210  or costs except as authorized in subsection (9).
  211         (d) Except as provided in subsection (7), the loan
  212  administrator is not required to return the interest, fees, or
  213  costs authorized under subsection (9).
  214         (6) REPAYMENT OF AWARD FUNDS.—
  215         (a) After collecting interest and any fees or costs
  216  permitted under this section in satisfaction of all microloans
  217  made pursuant to this part, the loan administrator shall remit
  218  to the department the microloan principal collected from all
  219  microloans made with state funds received under this part.
  220  Repayment of microloan principal to the department may be
  221  deferred by the department for a period not to exceed 6 months;
  222  however, the loan administrator may not provide a microloan
  223  under this part after the contract with the department expires.
  224         (b) If for any reason the loan administrator is unable to
  225  make repayments to the department in accordance with the
  226  contract, the department may accelerate maturity of the state
  227  funds awarded and demand repayment in full. In this event, or if
  228  a loan administrator violates this part or the terms of its
  229  contract, the loan administrator shall surrender to the
  230  department possession of all collateral required pursuant to
  231  subsection (5). Any loss or deficiency greater than the value of
  232  the collateral may be recovered by the department from the loan
  233  administrator.
  234         (c) In the event of a default as specified in the contract,
  235  termination of the contract, or violation of this section, the
  236  state may, in addition to any other remedy provided by law,
  237  bring suit to enforce its interest.
  238         (d) A microloan borrower’s default does not relieve the
  239  loan administrator of its obligation to repay an award to the
  240  department.
  241         (7) CONTRACT TERMINATION.—
  242         (a) The loan administrator’s contract with the department
  243  may be terminated by the department, and the loan administrator
  244  required to immediately return all state funds awarded,
  245  including any interest, fees, and costs it would otherwise be
  246  entitled to retain pursuant to subsection (5) for that fiscal
  247  year, upon a finding by the department that:
  248         1. The loan administrator has, within the previous 5 years,
  249  participated in a state-funded economic development program in
  250  this or any other state and was found to have failed to comply
  251  with the requirements of that program;
  252         2. The loan administrator is currently in material
  253  noncompliance with any statute, rule, or program administered by
  254  the department;
  255         3. The loan administrator or any member of its board of
  256  directors, officers, partners, managers, or shareholders has
  257  pled no contest or been found guilty, regardless of whether
  258  adjudication was withheld, of any felony or any misdemeanor
  259  involving fraud, misrepresentation, or dishonesty;
  260         4. The loan administrator failed to meet or agree to the
  261  terms of the contract with the department or failed to meet this
  262  part; or
  263         5. The department finds that the loan administrator
  264  provided fraudulent or misleading information to the department.
  265         (b) The loan administrator’s contract with the department
  266  may be terminated by the department at any time for any reason
  267  upon 30 days’ notice by the department. In such a circumstance,
  268  the loan administrator shall return all awarded state funds to
  269  the department within 60 days of the termination. However, the
  270  loan administrator may retain any interest, fees, or costs it
  271  has collected pursuant to subsection (5).
  272         (c) The loan administrator’s contract with the department
  273  may be terminated by the loan administrator at any time for any
  274  reason upon 30 days’ notice by the loan administrator. In such a
  275  circumstance, the loan administrator shall return all awarded
  276  state funds to the department, including any interest, fees, and
  277  costs it has retained or would otherwise be entitled to retain
  278  pursuant to subsection (5), within 30 days of the termination.
  279         (8) AUDITS AND REPORTING.—
  280         (a) The loan administrator shall annually submit to the
  281  department a financial audit performed by an independent
  282  certified public accountant and an operational performance audit
  283  for the most recently completed fiscal year. Both audits must
  284  indicate whether any material weakness or instances of material
  285  noncompliance are indicated in the audit.
  286         (b) The loan administrator shall submit quarterly reports
  287  to the department as required by s. 288.9936(3).
  288         (c) The loan administrator shall make its books and records
  289  related to the loan program available to the department or its
  290  designee for inspection upon reasonable notice.
  291         (9) ELIGIBILITY AND APPLICATION.—
  292         (a) To be eligible for a microloan, an applicant must, at a
  293  minimum, be an entrepreneur or small business located in this
  294  state.
  295         (b) Microloans may not be made if the direct or indirect
  296  purpose or result of granting the microloan would be to:
  297         1. Pay off any creditors of the applicant, including the
  298  refund of a debt owed to a small business investment company
  299  organized pursuant to 15 U.S.C. s. 681;
  300         2. Provide funds, directly or indirectly, for payment,
  301  distribution, or as a microloan to owners, partners, or
  302  shareholders of the applicant’s business, except as ordinary
  303  compensation for services rendered;
  304         3. Finance the acquisition, construction, improvement, or
  305  operation of real property which is, or will be, held primarily
  306  for sale or investment;
  307         4. Pay for lobbying activities; or
  308         5. Replenish funds used for any of the purposes specified
  309  in subparagraphs 1.-4.
  310         (c) A microloan applicant shall submit a written
  311  application in the format prescribed by the loan administrator
  312  and shall pay an application fee not to exceed $50 to the loan
  313  administrator.
  314         (d) The following minimum terms apply to a microloan made
  315  by the loan administrator:
  316         1.The amount of a microloan may not exceed $50,000;
  317         2. A borrower may not receive more than $75,000 per year in
  318  total microloans;
  319         3. A borrower may not receive more than two microloans per
  320  year and may not receive more than five microloans in any 3-year
  321  period;
  322         4. The proceeds of the microloan may be used only for
  323  startup costs, working capital, and the acquisition of
  324  materials, supplies, furniture, fixtures, and equipment;
  325         5. The period of any microloan may not exceed 1 year;
  326         6. The interest rate may not exceed the prime rate
  327  published in the Wall Street Journal as of the date specified in
  328  the microloan, plus 1000 basis points;
  329         7. All microloans must be personally guaranteed;
  330         8. The borrower must participate in business management
  331  training, business development training, and technical
  332  assistance as determined by the loan administrator in the
  333  microloan agreement;
  334         9. The borrower shall provide such information as required
  335  by the loan administrator, including monthly job creation and
  336  financial data, in the manner prescribed by the loan
  337  administrator; and
  338         10. The loan administrator may collect fees for late
  339  payments which are consistent with standard business lending
  340  practices and may recover costs and fees incurred for any
  341  collection efforts necessitated by a borrower’s default.
  342         (e) The department may not review microloans made by the
  343  loan administrator pursuant to this part before approval of the
  344  loan by the loan administrator.
  345         (10) STATEWIDE STRATEGIC PLAN.—In implementing this
  346  section, the department shall be guided by the 5-year statewide
  347  strategic plan adopted pursuant to s. 20.60(5). The department
  348  shall promote and advertise the loan program by, among other
  349  things, cooperating with government, nonprofit, and private
  350  industry to organize, host, or participate in seminars and other
  351  forums for entrepreneurs and small businesses.
  352         (11) STUDY.—By December 31, 2014, the department shall
  353  commence or commission a study to identify methods and best
  354  practices that will increase access to credit to entrepreneurs
  355  and small businesses in this state. The study must also explore
  356  the ability of, and limitations on, Florida nonprofit
  357  organizations and private financial institutions to expand
  358  access to credit to entrepreneurs and small businesses in this
  359  state.
  360         (12) CREDIT OF THE STATE.—With the exception of funds
  361  appropriated to the loan program by the Legislature, the credit
  362  of the state may not be pledged. The state is not liable or
  363  obligated in any way for claims on the loan program or against
  364  the loan administrator or the department.
  365         Section 49. Section 288.9935, Florida Statutes, is created
  366  to read:
  367         288.9935Microfinance Guarantee Program.—
  368         (1) The Microfinance Guarantee Program is established in
  369  the department. The purpose of the program is to stimulate
  370  access to credit for entrepreneurs and small businesses in this
  371  state by providing targeted guarantees to loans made to such
  372  entrepreneurs and small businesses. Funds appropriated to the
  373  program must be reinvested and maintained as a long-term and
  374  stable source of funding for the program.
  375         (2) As used in this section, the term “lender” means a
  376  financial institution as defined in s. 655.005.
  377         (3) The department must enter into a contract with
  378  Enterprise Florida, Inc., to administer the Microfinance
  379  Guarantee Program. In administering the program, Enterprise
  380  Florida, Inc., must, at a minimum:
  381         (a) Establish lender and borrower eligibility requirements
  382  in addition to those provided in this section;
  383         (b) Determine a reasonable leverage ratio of loan amounts
  384  guaranteed to state funds; however, the leverage ratio may not
  385  exceed 3 to 1;
  386         (c) Establish reasonable fees and interest;
  387         (d) Promote the program to financial institutions that
  388  provide loans to entrepreneurs and small businesses in order to
  389  maximize the number of lenders throughout the state which
  390  participate in the program;
  391         (e) Enter into a memorandum of understanding with the
  392  network to promote the program to underserved entrepreneurs and
  393  small businesses;
  394         (f) Establish limits on the total amount of loan guarantees
  395  a single lender can receive;
  396         (g) Establish an average loan guarantee amount for loans
  397  guaranteed under this section;
  398         (h) Establish a risk-sharing strategy to be employed in the
  399  event of a loan failure; and
  400         (i) Establish financial performance measures and objectives
  401  for the program in order to maximize the state funds.
  402         (4) Enterprise Florida, Inc., is limited to providing loan
  403  guarantees for loans with total loan amounts of at least $50,000
  404  and not more than $250,000. A loan guarantee may not exceed 50
  405  percent of the total loan amount.
  406         (5) Enterprise Florida, Inc., may not guarantee a loan if
  407  the direct or indirect purpose or result of the loan would be
  408  to:
  409         (a) Pay off any creditors of the applicant, including the
  410  refund of a debt owed to a small business investment company
  411  organized pursuant to 15 U.S.C. s. 681;
  412         (b) Provide funds, directly or indirectly, for payment,
  413  distribution, or as a loan to owners, partners, or shareholders
  414  of the applicant’s business, except as ordinary compensation for
  415  services rendered;
  416         (c) Finance the acquisition, construction, improvement, or
  417  operation of real property which is, or will be, held primarily
  418  for sale or investment;
  419         (d) Pay for lobbying activities; or
  420         (e) Replenish funds used for any of the purposes specified
  421  in paragraphs (a) through (d).
  422         (6) Enterprise Florida, Inc., may not use funds
  423  appropriated from the state for costs associated with
  424  administering the guarantee program.
  425         (7) To be eligible to receive a loan guarantee under the
  426  Microfinance Guarantee Program, a borrower must, at a minimum:
  427         (a) Be an entrepreneur or small business located in this
  428  state;
  429         (b) Employ 25 or fewer people;
  430         (c) Generate average annual gross revenues of $1.5 million
  431  or less per year for the last 2 years; and
  432         (d) Meet any additional requirements established by
  433  Enterprise Florida, Inc.
  434         (8) By October 1 of each year, Enterprise Florida, Inc.,
  435  shall submit a complete and detailed annual report to the
  436  department for inclusion in the department’s report required
  437  under s. 20.60(10). The report must, at a minimum, provide:
  438         (a) A comprehensive description of the program, including
  439  an evaluation of its application and guarantee activities,
  440  recommendations for change, and identification of any other
  441  state programs that overlap with the program;
  442         (b) An assessment of the current availability of and access
  443  to credit for entrepreneurs and small businesses in this state;
  444         (c) A summary of the financial and employment results of
  445  the entrepreneurs and small businesses receiving loan
  446  guarantees, including the number of full-time equivalent jobs
  447  created as a result of the guaranteed loans and the amount of
  448  wages paid to employees in the newly created jobs;
  449         (d) Industry data about the borrowers, including the six
  450  digit North American Industry Classification System (NAICS)
  451  code;
  452         (e) The name and location of lenders that receive loan
  453  guarantees;
  454         (f) The amount of state funds received by Enterprise
  455  Florida, Inc.;
  456         (g) The number of loan guarantee applications received;
  457         (h) The number, duration, location, and amount of
  458  guarantees made;
  459         (i) The number and amount of guaranteed loans outstanding,
  460  if any;
  461         (j) The number and amount of guaranteed loans with payments
  462  overdue, if any;
  463         (k) The number and amount of guaranteed loans in default,
  464  if any;
  465         (l) The repayment history of the guaranteed loans made; and
  466         (m) An evaluation of the program’s ability to meet the
  467  financial performance measures and objectives specified in
  468  subsection (3).
  469         (9) The credit of the state or Enterprise Florida, Inc.,
  470  may not be pledged except for funds appropriated by law to the
  471  Microfinance Guarantee Program. The state is not liable or
  472  obligated in any way for claims on the program or against
  473  Enterprise Florida, Inc., or the department.
  474         Section 50. Section 288.9936, Florida Statutes, is created
  475  to read:
  476         288.9936Annual report of the Microfinance Loan Program.—
  477         (1)The department shall include in the report required by
  478  s. 20.60(10) a complete and detailed annual report on the
  479  Microfinance Loan Program. The report must include:
  480         (a) A comprehensive description of the program, including
  481  an evaluation of its application and funding activities,
  482  recommendations for change, and identification of any other
  483  state programs that overlap with the program;
  484         (b) The financial institutions and the public and private
  485  organizations and individuals participating in the program;
  486         (c) An assessment of the current availability of and access
  487  to credit for entrepreneurs and small businesses in this state;
  488         (d) A summary of the financial and employment results of
  489  the entities receiving microloans;
  490         (e) The number of full-time equivalent jobs created as a
  491  result of the microloans and the amount of wages paid to
  492  employees in the newly created jobs;
  493         (f) The number and location of prospective loan
  494  administrators that responded to the department request for
  495  proposals;
  496         (g) The amount of state funds received by the loan
  497  administrator;
  498         (h) The number of microloan applications received by the
  499  loan administrator;
  500         (i) The number, duration, and location of microloans made
  501  by the loan administrator, including the aggregate number of
  502  microloans made to minority business enterprises if available;
  503         (j) The number and amount of microloans outstanding, if
  504  any;
  505         (k) The number and amount of microloans with payments
  506  overdue, if any;
  507         (l) The number and amount of microloans in default, if any;
  508         (m) The repayment history of the microloans made;
  509         (n) The repayment history and performance of funding
  510  awards;
  511         (o) An evaluation of the program’s ability to meet the
  512  financial performance measures and objectives specified in s.
  513  288.9934; and
  514         (p) A description and evaluation of the technical
  515  assistance and business management and development training
  516  provided by the network pursuant to its memorandum of
  517  understanding with the loan administrator.
  518         (2) The department shall submit the report provided to the
  519  department from Enterprise Florida, Inc., pursuant to
  520  288.9935(7) for inclusion in the department’s annual report
  521  required under s. 20.60(10).
  522         (3) The department shall require at least quarterly reports
  523  from the loan administrator. The loan administrator’s report
  524  must include, at a minimum, the number of microloan applications
  525  received, the number of microloans made, the amount and interest
  526  rate of each microloan made, the amount of technical assistance
  527  or business development and management training provided, the
  528  number of full-time equivalent jobs created as a result of the
  529  microloans, the amount of wages paid to employees in the newly
  530  created jobs, the six-digit North American Industry
  531  Classification System (NAICS) code associated with the
  532  borrower’s business, and the borrower’s locations.
  533         (4) The Office of Program Policy Analysis and Government
  534  Accountability shall conduct a study to evaluate the
  535  effectiveness and return on investment of the State Small
  536  Business Credit Initiative operated in this state pursuant to 12
  537  U.S.C. ss. 5701 et seq. The office shall submit a report to the
  538  President of the Senate and the Speaker of the House of
  539  Representatives by January 1, 2015.
  540         Section 51. Section 288.9937, Florida Statutes, is created
  541  to read:
  542         288.9937Evaluation of programs.—The Office of Program
  543  Policy Analysis and Government Accountability shall analyze,
  544  evaluate, and determine the economic benefits, as defined in s.
  545  288.005, of the first 3 years of the Microfinance Loan Program
  546  and the Microfinance Guarantee Program. The analysis must also
  547  evaluate the number of jobs created, the increase or decrease in
  548  personal income, and the impact on state gross domestic product
  549  from the direct, indirect, and induced effects of the state’s
  550  investment. The analysis must also identify any inefficiencies
  551  in the programs and provide recommendations for changes to the
  552  programs. The office shall submit a report to the President of
  553  the Senate and the Speaker of the House of Representatives by
  554  January 1, 2018. This section expires January 31, 2018.
  555         Section 52. (1) The executive director of the Department of
  556  Economic Opportunity is authorized, and all conditions are
  557  deemed to be met, to adopt emergency rules pursuant to ss.
  558  120.536(1) and 120.54(4), Florida Statutes, for the purpose of
  559  implementing this act.
  560         (2) Notwithstanding any other provision of law, the
  561  emergency rules adopted pursuant to subsection (1) remain in
  562  effect for 6 months after adoption and may be renewed during the
  563  pendency of procedures to adopt permanent rules addressing the
  564  subject of the emergency rules.
  565         (3) This section shall expire October 1, 2015.
  566  Section 53. For the 2014-2015 fiscal year, the sum of $10
  567  million in nonrecurring funds from the General Revenue Fund is
  568  appropriated to the Department of Economic Opportunity to
  569  implement this act. From these nonrecurring funds, the
  570  Department of Economic Opportunity and Enterprise Florida, Inc.,
  571  may spend up to $100,000 to market and promote the programs
  572  created in this act. For the 2014-2015 fiscal year, one full
  573  time equivalent position is authorized with 55,000 of salary
  574  rate, and $64,759 of recurring funds and $3,018 of nonrecurring
  575  funds from the State Economic Enhancement and Development Trust
  576  Fund, $12,931 of recurring funds and $604 of nonrecurring funds
  577  from the Tourism Promotional Trust Fund, and $3,233 of recurring
  578  funds and $151 of nonrecurring funds from the Florida
  579  International Trade and Promotion Trust Fund are appropriated to
  580  the Department of Economic Opportunity to implement this act.
  581  
  582  ================= T I T L E  A M E N D M E N T ================
  583  And the title is amended as follows:
  584         Delete line 1864
  585  and insert:
  586         references to changes made by the act; creating Part
  587         XIV of ch. 288, F.S., consisting of ss. 288.993
  588         288.9937, F.S., relating to microfinance programs;
  589         creating s. 288.993, F.S.; providing a short title;
  590         creating s. 288.9931, F.S.; providing legislative
  591         findings and intent; creating s. 288.9932, F.S.;
  592         defining terms; creating s. 288.9933, F.S.;
  593         authorizing the Department of Economic Opportunity to
  594         adopt rules to implement this part; creating s.
  595         288.9934, F.S.; establishing the Microfinance Loan
  596         Program; providing a purpose; defining the term “loan
  597         administrator”; requiring the Department of Economic
  598         Opportunity to contract with at least one entity to
  599         administer the program; requiring the loan
  600         administrator to contract with the department to
  601         receive an award of funds; providing other terms and
  602         conditions to receiving funds; specifying fees
  603         authorized to be charged by the department and the
  604         loan administrator; requiring the loan administrator
  605         to remit the microloan principal collected from all
  606         microloans made with state funds received by the loan
  607         administrator; providing for contract termination;
  608         providing for auditing and reporting; requiring
  609         applicants for funds from the Microfinance Loan
  610         Program to meet certain qualifications; requiring the
  611         department to be guided by the 5-year statewide
  612         strategic plan and to advertise and promote the loan
  613         program; requiring the department to perform a study
  614         on methods and best practices to increase the
  615         availability of and access to credit in this state;
  616         prohibiting the pledging of the credit of the state;
  617         authorizing the department to adopt rules; creating s.
  618         288.9935, F.S.; establishing the Microfinance
  619         Guarantee Program; defining the term “lender”;
  620         requiring the department to contract with Enterprise
  621         Florida, Inc., to administer the program; prohibiting
  622         Enterprise Florida, Inc., from guaranteeing certain
  623         loans; requiring borrowers to meet certain conditions
  624         before receiving a loan guarantee; requiring
  625         Enterprise Florida, Inc., to submit an annual report
  626         to the department; prohibiting the pledging of the
  627         credit of the state or Enterprise Florida, Inc.;
  628         creating s. 288.9936, F.S.; requiring the department
  629         to report annually on the Microfinance Loan Program;
  630         requiring the Office of Program Policy Analysis and
  631         Government Accountability to report on the
  632         effectiveness of the State Small Business Credit
  633         Initiative; creating s. 288.9937, F.S.; requiring the
  634         Office of Program Policy Analysis and Government
  635         Accountability to evaluate and report on the
  636         Microfinance Loan Program and the Microfinance
  637         Guarantee Program by a specified date; authorizing the
  638         executive director of the Department of Economic
  639         Opportunity to adopt emergency rules; providing an
  640         appropriation to the Department of Economic
  641         Opportunity; authorizing the Department of Economic
  642         Opportunity and Enterprise Florida, Inc., to spend a
  643         specified amount for marketing and promotional
  644         purposes; authorizing and providing an appropriation
  645         for one full-time equivalent position; providing an