Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 1480 Ì890830ÉÎ890830 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/24/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 57 288.9934 Microfinance 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: 366 288.9935 Microfinance 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: 475 288.9936 Annual 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: 538 288.9937 Evaluation 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.