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: 58 288.9934 Microfinance 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: 367 288.9935 Microfinance 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: 476 288.9936 Annual 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: 542 288.9937 Evaluation 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