Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 14, April 9, 2010 issue of the Florida Administrative Weekly.

27M-4.001 Definitions and Forms.

As used in Rules 27M-4.001, 27M-4.002, and 27M-4.003, F.A.C., the following capitalized terms have the meanings indicated. All referenced forms are available on the internet at http://www.flgov.com/otted_home or may be obtained from the Office.

(1) No change.

(2) “Applicant” means a corporation that seeks selection under Section 288.1081, F.S., as a Recipient of funds to provide loans pursuant to the Act.

(3) “Application” means the standard “Application for Selection as Loan Administrator under the Economic Gardening Business Loan Pilot Program” form OTTED 8102-1 (3/09), which is hereby incorporated by reference.

(4) “Application Evaluation Form” means the standard “Economic Gardening Loan Pilot Program Application Evaluation” form OTTED 8102-2 (3/09), which is hereby incorporated by reference.

(5) “Application Period” means the period during which Applicants submit Applications, which shall be received by the Office between May 18 through June 5 (or the next business day) of each year in which there is a legislative appropriation to fund the Program.

(6) “Eligible” means that an Applicant has demonstrated it is a Florida Corporation not-for-profit incorporated under chapter 617 which has its principal place of business in Florida, has five years of verifiable experience of lending to businesses in Florida and have satisfied of each of the requirements specified in Section 288.1081, F.S.

(7) “Loan Administrator” means an Applicant that, after a competitive selection process, the Office selects to receive Program funds.

(8) “Office” means the Office of Tourism, Trade and Economic Development, whose address is Suite 1902, The Capitol, 402 S. Monroe Street, Tallahassee, Florida 32399-0001.

(9) “Program” means the Economic Gardening Business Loan Pilot Program established by Section 288.1081, F.S.

(10) “Review Committee” means a committee of no more than eight (8) individuals selected by the Office which includes representation from the finance and lending community, Enterprise Florida, and the business community or a representative of the business community.

(11) “Summary Ranking and Recommendation Form” means standard “Economic Gardening Business Loan Pilot Program Summary Ranking and Recommendation Form” form OTTED 8102-3 (3/09), which is hereby incorporated by reference.

Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New________.

27M-4.003 Certification Decision.

(1) Within ten (10) business days after receiving the Summary Ranking and Recommendation Form and supporting materials, the Office shall notify the Applicant or Applicants that has/have been selected by the Review Committee as the Loan Administrator.

(2) The Office shall issue a letter to each Applicant selected as a Loan Administrator. Receipt of Program funds shall be conditioned upon their appropriation and availability, and upon the Recipient’s execution of a contract with the Office. The Office shall notify in writing each Applicant whose Application is denied. The Office’s certification shall be subject to review under Chapter 120 of the Florida Statutes.

Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New________.