Florida Senate - 2012                                      SB 76
       
       
       
       By Senator Garcia
       
       
       
       
       40-00296B-12                                            201276__
    1                        A bill to be entitled                      
    2         An act relating to job creation; amending s. 210.20,
    3         F.S.; revising the payment and distribution of funds
    4         in the Cigarette Tax Collection Trust Fund; providing
    5         specified purposes for the use of funds that are
    6         appropriated out of the trust fund; providing
    7         legislative intent; amending s. 210.201, F.S.;
    8         authorizing moneys transferred to the Board of
    9         Directors of the H. Lee Moffitt Cancer Center and
   10         Research Institute to be used to secure financing to
   11         pay costs for specified purposes at certain facilities
   12         and other properties; creating s. 212.0965, F.S.;
   13         authorizing certain tax credits against the sales tax
   14         for qualified businesses located in enterprise program
   15         zones; providing for application and certification of
   16         tax credits; providing for carryforward of unused
   17         corporate income tax credits; providing for the
   18         expiration of tax credits; amending s. 212.20, F.S.;
   19         providing for the transfer of certain sales tax
   20         increment revenues from the General Revenue Fund to
   21         the Revenue Sharing Trust Fund for Municipalities;
   22         amending s. 218.23, F.S.; providing for a distribution
   23         from the Revenue Sharing Trust Fund for Municipalities
   24         relating to an increase in sales tax collections over
   25         the preceding year to the governing body of an area
   26         that receives tax increment revenues pursuant to a
   27         designation as a sales tax increment district;
   28         amending s. 220.02, F.S.; revising legislative intent
   29         for the order of applying corporate income tax credits
   30         for corporations contracting with small businesses;
   31         amending s. 220.13, F.S.; adding the tax credit for
   32         corporations contracting with small businesses to the
   33         allowable adjustment of federal income; creating s.
   34         220.1815, F.S.; authorizing certain tax credits
   35         against the corporate income tax for qualified
   36         businesses located in enterprise program zones;
   37         providing for application and certification of tax
   38         credits; providing for carryforward of unused
   39         corporate income tax credits; providing for expiration
   40         of tax credits; amending s. 220.19, F.S.; providing a
   41         tax credit against corporate income taxes for the
   42         startup costs of child care facilities for employees
   43         of a corporation; providing a tax credit against
   44         corporate income taxes for payments to a child care
   45         facility for the benefit of an employee of the
   46         corporation; creating s. 220.197, F.S.; providing
   47         definitions; authorizing a tax credit of a specified
   48         amount for application against the corporate income
   49         tax for certain corporations engaging in contractual
   50         business relationships with certain small businesses;
   51         specifying eligibility requirements; providing for
   52         certification of eligibility by the Department of
   53         Economic Opportunity; providing limitations on the
   54         amount of the tax credit and prohibiting a corporation
   55         from carrying forward or backward any unused amount;
   56         authorizing the Department of Economic Opportunity and
   57         the Department of Revenue to adopt rules; amending s.
   58         290.004, F.S.; providing definitions; amending s.
   59         290.0056, F.S.; specifying additional powers of an
   60         enterprise zone development agency for areas
   61         designated as a sales tax increment district; amending
   62         s. 290.007, F.S.; specifying sales tax increment
   63         financing as an additional economic development
   64         incentive that is available within enterprise zones;
   65         creating ss. 290.01351, 290.0136, 290.0137, 290.0138,
   66         290.0139, and 290.01391, F.S.; creating the “Municipal
   67         Revitalization Act”; providing legislative intent and
   68         purposes; authorizing the creation of sales tax
   69         increment districts within enterprise zones;
   70         specifying minimum requirements for sales tax
   71         increment districts; providing for the Department of
   72         Economic Opportunity to review the resolution creating
   73         a sales tax increment district; providing that the
   74         governing body for an enterprise zone where a sales
   75         tax increment district is located is eligible for
   76         specified percentage distributions of increased state
   77         sales tax collections under certain circumstances;
   78         requiring that the Department of Revenue determine the
   79         amount of increased sales tax collections to be
   80         distributed to each eligible governing body and
   81         transfer the aggregate amount due to all such
   82         governing bodies to the Revenue Sharing Trust Fund for
   83         Municipalities for distribution; requiring a governing
   84         body to deposit tax increment revenues in a separate
   85         account; specifying requirements for agreements
   86         between a retail development project developer and a
   87         governing body for the use of tax increment revenues;
   88         authorizing the issuance of bonds secured by tax
   89         increment revenues to finance a retail development
   90         project; specifying that bonds issued for a retail
   91         development project do not constitute debt for certain
   92         purposes; specifying requirements for the issuance of
   93         bonds; creating a conclusive presumption that the
   94         bonds are used for the purposes of a retail
   95         development project; amending s. 290.016, F.S.;
   96         revising the effective date of the repeal of the
   97         Florida Enterprise Zone Act; creating s. 290.201,
   98         F.S.; providing a short title; creating s. 290.203,
   99         F.S.; providing definitions for the Urban Job Creation
  100         Investment Act; creating s. 290.205, F.S.; creating
  101         the Florida Urban Investment Job Creation Authority;
  102         providing for the authority’s membership and duties;
  103         requiring the authority to submit annual reports and a
  104         fiscal impact study of each enterprise program zone to
  105         specified officers and agencies; creating s. 290.207,
  106         F.S.; creating a zone development corporation for each
  107         enterprise program zone; providing for the
  108         corporations’ membership, officers, and duties;
  109         requiring that certificates of appointment be filed
  110         with the respective county or municipal clerk;
  111         authorizing reimbursement of travel expenses for board
  112         members; providing for employees and legal services of
  113         zone development corporations; requiring zone
  114         development corporations to submit annual reports to
  115         specified officers and agencies; creating s. 290.209,
  116         F.S.; providing for the designation of enterprise
  117         program zones; authorizing the authority to
  118         periodically amend the boundary of an enterprise
  119         program zone; requiring the authority to consider
  120         certain factors when designating or amending zone
  121         boundaries; creating s. 290.211, F.S.; specifying the
  122         qualifications for businesses to receive state
  123         enterprise program zone incentives; creating s.
  124         290.213, F.S.; establishing enterprise program zone
  125         assistance funds; authorizing certain state incentives
  126         for the projects of qualified businesses; providing
  127         for project applications and the approval of projects;
  128         authorizing zone development corporations to use loan
  129         repayments and collected interest for specified
  130         purposes; requiring that unexpended appropriations be
  131         retained in the Economic Development Trust Fund at the
  132         end of the fiscal year; authorizing administrative
  133         fees for zone development corporations; creating s.
  134         290.215, F.S.; authorizing certain tax credits,
  135         exemptions from unemployment contributions, and other
  136         state incentives for qualified businesses; limiting
  137         the amount of available incentives in any fiscal year;
  138         providing for the carryforward of unused incentives;
  139         providing for the allocation of certain appropriations
  140         among zone development corporations; creating s.
  141         290.217, F.S.; requiring that the Office of Program
  142         Policy Analysis and Government Accountability evaluate
  143         the Urban Job Creation Investment Act and submit a
  144         report to the Governor and Legislature; creating s.
  145         290.219, F.S.; providing for future expiration of the
  146         Urban Job Creation Investment Act; abolishing
  147         designated enterprise program zones; amending s.
  148         443.091, F.S.; requiring that a person make
  149         satisfactory progress toward completing a job training
  150         program as directed by the Department of Economic
  151         Opportunity or a one-stop career center in order to
  152         maintain eligibility for unemployment compensation;
  153         amending s. 443.1217, F.S.; exempting wages paid by
  154         qualified businesses to certain employees from
  155         unemployment contributions; amending s. 476.188, F.S.;
  156         authorizing a barber to perform barber services in a
  157         place of employment; deleting a requirement that a
  158         person be unable to go to a barber shop because of ill
  159         health in order for a barber to perform services at a
  160         place other than a licensed barbershop; amending s.
  161         477.0135, F.S.; exempting a person who provides makeup
  162         services to the general public from requirements to be
  163         licensed under the Florida Cosmetology Act; amending
  164         s. 477.019, F.S.; authorizing the Board of Cosmetology
  165         to allow work experience to be substituted for
  166         educational hours for a person seeking licensure by
  167         endorsement; amending s. 477.0263, F.S.; authorizing
  168         the Board of Cosmetology to adopt rules that authorize
  169         a person to perform cosmetology services at a location
  170         other than a licensed salon in connection with a
  171         special event; amending s. 489.118, F.S.; extending
  172         the time period for exempting a contractor from the
  173         requirement to apply for a certificate of
  174         registration; amending s. 624.5107, F.S.; providing a
  175         tax credit against insurance premium taxes for the
  176         startup costs of child care facilities operated by an
  177         insurer for its employees; providing a tax credit
  178         against insurance premium taxes for payments to a
  179         child care facility for the benefit of an employee of
  180         the insurer; amending s. 718.5011, F.S.; authorizing
  181         the ombudsman within the Division of Florida
  182         Condominiums, Timeshares, and Mobile Homes to engage
  183         in business or a profession that does not relate to
  184         his or her work in the ombudsman’s office; creating a
  185         sales tax credit for job creation; providing
  186         definitions; specifying the amount of the credit;
  187         specifying procedures to apply for the credit;
  188         providing for administration of the credit by the
  189         Department of Revenue; subjecting a person to
  190         penalties, including criminal penalties, for
  191         fraudulently claiming a credit; providing for
  192         expiration of the credit; reenacting ss.
  193         166.231(8)(c), 193.077(4), 193.085(5)(b),
  194         195.073(4)(b), 195.099(1)(b), 196.012(19), 205.022(4),
  195         205.054(6), 212.02(6), 212.08(5)(g), 212.096(12),
  196         220.02(6)(c) and (7)(c), 220.03(1), 220.13(1)(a),
  197         220.181(9), and 220.182(14), F.S., relating to an
  198         exemption from the public service tax, certain duties
  199         of property appraisers and the Department of Revenue
  200         with respect to property acquired for a new business
  201         or a business expansion or restoration, definition of
  202         the term “enterprise zone” for purposes of property
  203         tax exemptions for homesteads, local business taxes,
  204         and the sales and use tax, exemptions from local
  205         business taxes and the sales and use tax, and
  206         legislative intent, definitions, and tax credits for
  207         the corporate income tax, to incorporate the amendment
  208         made to s. 290.016, F.S., in references thereto;
  209         providing an effective date.
  210  
  211  Be It Enacted by the Legislature of the State of Florida:
  212  
  213         Section 1. Paragraph (b) of subsection (2) of section
  214  210.20, Florida Statutes, is amended to read:
  215         210.20 Employees and assistants; distribution of funds.—
  216         (2) As collections are received by the division from such
  217  cigarette taxes, it shall pay the same into a trust fund in the
  218  State Treasury designated “Cigarette Tax Collection Trust Fund”
  219  which shall be paid and distributed as follows:
  220         (b)1. Beginning January 1, 1999, and continuing for 10
  221  years thereafter, the division shall from month to month certify
  222  to the Chief Financial Officer the amount derived from the
  223  cigarette tax imposed by s. 210.02, less the service charges
  224  provided for in s. 215.20 and less 0.9 percent of the amount
  225  derived from the cigarette tax imposed by s. 210.02, which shall
  226  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
  227  specifying an amount equal to 2.59 percent of the net
  228  collections, and that amount shall be paid to the Board of
  229  Directors of the H. Lee Moffitt Cancer Center and Research
  230  Institute, established under s. 1004.43, by warrant drawn by the
  231  Chief Financial Officer upon the State Treasury. These funds are
  232  hereby appropriated monthly out of the Cigarette Tax Collection
  233  Trust Fund, to be used for the purpose of constructing,
  234  furnishing, and equipping a cancer research facility at the
  235  University of South Florida adjacent to the H. Lee Moffitt
  236  Cancer Center and Research Institute. In fiscal years 1999-2000
  237  and thereafter with the exception of fiscal year 2008-2009, the
  238  appropriation to the H. Lee Moffitt Cancer Center and Research
  239  Institute authorized by this subparagraph shall not be less than
  240  the amount that would have been paid to the H. Lee Moffitt
  241  Cancer Center and Research Institute for fiscal year 1998-1999
  242  had payments been made for the entire fiscal year rather than
  243  for a 6-month period thereof.
  244         2. Beginning July 1, 2002, and continuing through June 30,
  245  2004, the division shall, in addition to the distribution
  246  authorized in subparagraph 1., from month to month certify to
  247  the Chief Financial Officer the amount derived from the
  248  cigarette tax imposed by s. 210.02, less the service charges
  249  provided for in s. 215.20 and less 0.9 percent of the amount
  250  derived from the cigarette tax imposed by s. 210.02, which shall
  251  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
  252  specifying an amount equal to 0.2632 percent of the net
  253  collections, and that amount shall be paid to the Board of
  254  Directors of the H. Lee Moffitt Cancer Center and Research
  255  Institute, established under s. 1004.43, by warrant drawn by the
  256  Chief Financial Officer. Beginning July 1, 2004, and continuing
  257  through June 30, 2013 2020, the division shall, in addition to
  258  the distribution authorized in subparagraph 1., from month to
  259  month certify to the Chief Financial Officer the amount derived
  260  from the cigarette tax imposed by s. 210.02, less the service
  261  charges provided for in s. 215.20 and less 0.9 percent of the
  262  amount derived from the cigarette tax imposed by s. 210.02,
  263  which shall be deposited into the Alcoholic Beverage and Tobacco
  264  Trust Fund, specifying an amount equal to 1.47 percent of the
  265  net collections, and that amount shall be paid to the Board of
  266  Directors of the H. Lee Moffitt Cancer Center and Research
  267  Institute, established under s. 1004.43, by warrant drawn by the
  268  Chief Financial Officer. Beginning July 1, 2013, and continuing
  269  through June 30, 2045, the division shall, in addition to the
  270  distribution authorized in subparagraph 1., from month to month
  271  certify to the Chief Financial Officer the amount derived from
  272  the cigarette tax imposed by s. 210.02, less the service charges
  273  provided for in s. 215.20 and less 0.9 percent of the amount
  274  derived from the cigarette tax imposed by s. 210.02, which shall
  275  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
  276  specifying an amount equal to 4.88 percent of the net
  277  collections, and that amount shall be paid to the Board of
  278  Directors of the H. Lee Moffitt Cancer Center and Research
  279  Institute, established under s. 1004.43, by warrant drawn by the
  280  Chief Financial Officer. These funds are appropriated monthly
  281  out of the Cigarette Tax Collection Trust Fund, to be used for
  282  lawful purposes, including the purpose of constructing,
  283  furnishing, and equipping, financing, operating, and maintaining
  284  a cancer research and clinical and related facilities;
  285  furnishing, equipping, operating, and maintaining other
  286  properties owned or leased by facility at the University of
  287  South Florida adjacent to the H. Lee Moffitt Cancer Center and
  288  Research Institute; and paying costs incurred in connection with
  289  purchasing, financing, operating, and maintaining such
  290  equipment, facilities, and properties. In fiscal years 2004-2005
  291  and thereafter, the appropriation to the H. Lee Moffitt Cancer
  292  Center and Research Institute authorized by this subparagraph
  293  shall not be less than the amount that would have been paid to
  294  the H. Lee Moffitt Cancer Center and Research Institute in
  295  fiscal year 2001-2002, had this subparagraph been in effect.
  296         3. If the cigarette tax is amended or repealed or this
  297  paragraph is modified in a manner that would adversely affect
  298  bonds issued for the purposes enumerated in subparagraph 2., the
  299  Legislature intends to provide alternative funding sources in an
  300  amount sufficient to pay any deficit in the amount required for
  301  debt service on such bonds.
  302         Section 2. Section 210.201, Florida Statutes, is amended to
  303  read:
  304         210.201 H. Lee Moffitt Cancer Center and Research Institute
  305  facilities Cancer research facility at the University of South
  306  Florida; establishment; funding.—The Board of Directors of the
  307  H. Lee Moffitt Cancer Center and Research Institute shall
  308  construct, furnish, and equip, and shall covenant to complete,
  309  the cancer research and clinical and related facilities of
  310  facility at the University of South Florida adjacent to the H.
  311  Lee Moffitt Cancer Center and Research Institute funded with
  312  proceeds from the Cigarette Tax Collection Trust Fund pursuant
  313  to s. 210.20. Moneys transferred to the Board of Directors of
  314  the H. Lee Moffitt Cancer Center and Research Institute pursuant
  315  to s. 210.20 may shall be used to secure financing to pay costs
  316  related to constructing, furnishing, and equipping, operating,
  317  and maintaining the cancer research and clinical and related
  318  facilities; furnishing, equipping, operating, and maintaining
  319  other leased or owned properties; and paying costs incurred in
  320  connection with purchasing, financing, operating, and
  321  maintaining such equipment, facilities, and properties as
  322  provided in s. 210.20 facility. Such financing may include the
  323  issuance of tax-exempt bonds or other forms of indebtedness by a
  324  local authority, municipality, or county pursuant to parts II
  325  and III of chapter 159. Such bonds do shall not constitute state
  326  bonds for purposes of s. 11, Art. VII of the State Constitution,
  327  but shall constitute bonds of a “local agency,” as defined in s.
  328  159.27(4). The cigarette tax dollars pledged to facilities this
  329  facility pursuant to s. 210.20 may be replaced annually by the
  330  Legislature from tobacco litigation settlement proceeds.
  331         Section 3. Section 212.0965, Florida Statutes, is created
  332  to read:
  333         212.0965 Sales, rental, storage, use tax; enterprise
  334  program zone credit against sales tax.—
  335         (1) Effective July 1, 2013, there shall be allowed the
  336  following credits against the tax imposed by this chapter for
  337  any qualified business as defined in s. 290.203 located in an
  338  enterprise program zone:
  339         (a) A credit equal to 50 percent of the business’s sales
  340  and use tax liability imposed under this chapter, except for tax
  341  liability resulting from the purchase of a new or used motor
  342  vehicle or mobile home or the sale of obscene material as
  343  defined in s. 847.0133.
  344         (b) A credit equal to 50 percent of the business’s sales
  345  and use tax liability from the purchase of tangible personal
  346  property that has a depreciable life of 3 years or more.
  347         (2)(a) To be eligible to receive a tax credit provided
  348  under paragraph (1)(a) or paragraph (1)(b), a qualified business
  349  must initially apply to the zone development corporation created
  350  under s. 290.207.
  351         (b) An original certification is valid for 2 years. In lieu
  352  of submitting a new application, the original certification may
  353  be renewed biennially by submitting to the Florida Urban
  354  Investment Job Creation Authority a statement, certified under
  355  oath, that there has been no material change in the conditions
  356  or circumstances entitling the qualified business to the
  357  original certification. The initial application and the
  358  certification renewal statement shall be developed by the
  359  Florida Urban Investment Job Creation Authority in consultation
  360  with the department.
  361         (c) The zone development corporation shall review each
  362  submitted initial application and determine whether the
  363  application is complete. Once complete, the zone development
  364  corporation shall evaluate the application and recommend
  365  approval or disapproval to the Florida Urban Investment Job
  366  Creation Authority.
  367         (d) Upon receipt of an initial application and
  368  recommendation from the zone development corporation, or upon
  369  receipt of a certification renewal statement, the Florida Urban
  370  Investment Job Creation Authority shall certify qualified
  371  businesses that meet the requirements of s. 290.211 and notify
  372  the applicant, the zone development corporation, and the
  373  department of the original certification or certification
  374  renewal.
  375         (e) If the Florida Urban Investment Job Creation Authority
  376  finds that the applicant does not meet the requirements of s.
  377  290.211, the authority shall notify the applicant and the zone
  378  development corporation that the application for certification
  379  is denied and the reasons for denial. The Florida Urban
  380  Investment Job Creation Authority has final approval authority
  381  for certification under this section.
  382         (3) This section expires on the date specified in s.
  383  290.219 for the expiration of the Urban Job Creation Investment
  384  Act.
  385         Section 4. Paragraph (d) of subsection (6) of section
  386  212.20, Florida Statutes, is amended to read:
  387         212.20 Funds collected, disposition; additional powers of
  388  department; operational expense; refund of taxes adjudicated
  389  unconstitutionally collected.—
  390         (6) Distribution of all proceeds under this chapter and s.
  391  202.18(1)(b) and (2)(b) shall be as follows:
  392         (d) The proceeds of all other taxes and fees imposed
  393  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  394  and (2)(b) shall be distributed as follows:
  395         1. In any fiscal year, the greater of $500 million, minus
  396  an amount equal to 4.6 percent of the proceeds of the taxes
  397  collected pursuant to chapter 201, or 5.2 percent of all other
  398  taxes and fees imposed pursuant to this chapter or remitted
  399  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  400  monthly installments into the General Revenue Fund.
  401         2. After the distribution under subparagraph 1., 8.814
  402  percent of the amount remitted by a sales tax dealer located
  403  within a participating county pursuant to s. 218.61 shall be
  404  transferred into the Local Government Half-cent Sales Tax
  405  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  406  transferred shall be reduced by 0.1 percent, and the department
  407  shall distribute this amount to the Public Employees Relations
  408  Commission Trust Fund less $5,000 each month, which shall be
  409  added to the amount calculated in subparagraph 3. and
  410  distributed accordingly.
  411         3. After the distribution under subparagraphs 1. and 2.,
  412  0.095 percent shall be transferred to the Local Government Half
  413  cent Sales Tax Clearing Trust Fund and distributed pursuant to
  414  s. 218.65.
  415         4. After the distributions under subparagraphs 1., 2., and
  416  3., 2.0440 percent of the available proceeds shall be
  417  transferred monthly to the Revenue Sharing Trust Fund for
  418  Counties pursuant to s. 218.215.
  419         5. After the distributions under subparagraphs 1., 2., and
  420  3., 1.3409 percent of the available proceeds, plus the amount
  421  required under s. 290.0138(2), shall be transferred monthly to
  422  the Revenue Sharing Trust Fund for Municipalities pursuant to s.
  423  218.215. If the total revenue to be distributed pursuant to this
  424  subparagraph is at least as great as the amount due from the
  425  Revenue Sharing Trust Fund for Municipalities and the former
  426  Municipal Financial Assistance Trust Fund in state fiscal year
  427  1999-2000, no municipality shall receive less than the amount
  428  due from the Revenue Sharing Trust Fund for Municipalities and
  429  the former Municipal Financial Assistance Trust Fund in state
  430  fiscal year 1999-2000. If the total proceeds to be distributed
  431  are less than the amount received in combination from the
  432  Revenue Sharing Trust Fund for Municipalities and the former
  433  Municipal Financial Assistance Trust Fund in state fiscal year
  434  1999-2000, each municipality shall receive an amount
  435  proportionate to the amount it was due in state fiscal year
  436  1999-2000.
  437         6. Of the remaining proceeds:
  438         a. In each fiscal year, the sum of $29,915,500 shall be
  439  divided into as many equal parts as there are counties in the
  440  state, and one part shall be distributed to each county. The
  441  distribution among the several counties must begin each fiscal
  442  year on or before January 5th and continue monthly for a total
  443  of 4 months. If a local or special law required that any moneys
  444  accruing to a county in fiscal year 1999-2000 under the then
  445  existing provisions of s. 550.135 be paid directly to the
  446  district school board, special district, or a municipal
  447  government, such payment must continue until the local or
  448  special law is amended or repealed. The state covenants with
  449  holders of bonds or other instruments of indebtedness issued by
  450  local governments, special districts, or district school boards
  451  before July 1, 2000, that it is not the intent of this
  452  subparagraph to adversely affect the rights of those holders or
  453  relieve local governments, special districts, or district school
  454  boards of the duty to meet their obligations as a result of
  455  previous pledges or assignments or trusts entered into which
  456  obligated funds received from the distribution to county
  457  governments under then-existing s. 550.135. This distribution
  458  specifically is in lieu of funds distributed under s. 550.135
  459  before July 1, 2000.
  460         b. The department shall distribute $166,667 monthly
  461  pursuant to s. 288.1162 to each applicant certified as a
  462  facility for a new or retained professional sports franchise
  463  pursuant to s. 288.1162. Up to $41,667 shall be distributed
  464  monthly by the department to each certified applicant as defined
  465  in s. 288.11621 for a facility for a spring training franchise.
  466  However, not more than $416,670 may be distributed monthly in
  467  the aggregate to all certified applicants for facilities for
  468  spring training franchises. Distributions begin 60 days after
  469  such certification and continue for not more than 30 years,
  470  except as otherwise provided in s. 288.11621. A certified
  471  applicant identified in this sub-subparagraph may not receive
  472  more in distributions than expended by the applicant for the
  473  public purposes provided for in s. 288.1162(5) or s.
  474  288.11621(3).
  475         c. Beginning 30 days after notice by the Department of
  476  Economic Opportunity to the Department of Revenue that an
  477  applicant has been certified as the professional golf hall of
  478  fame pursuant to s. 288.1168 and is open to the public, $166,667
  479  shall be distributed monthly, for up to 300 months, to the
  480  applicant.
  481         d. Beginning 30 days after notice by the Department of
  482  Economic Opportunity to the Department of Revenue that the
  483  applicant has been certified as the International Game Fish
  484  Association World Center facility pursuant to s. 288.1169, and
  485  the facility is open to the public, $83,333 shall be distributed
  486  monthly, for up to 168 months, to the applicant. This
  487  distribution is subject to reduction pursuant to s. 288.1169. A
  488  lump sum payment of $999,996 shall be made, after certification
  489  and before July 1, 2000.
  490         7. All other proceeds must remain in the General Revenue
  491  Fund.
  492         Section 5. Subsection (3) of section 218.23, Florida
  493  Statutes, is amended to read:
  494         218.23 Revenue sharing with units of local government.—
  495         (3) The distribution to a unit of local government under
  496  this part is determined by the following formula:
  497         (a) First, the entitlement of an eligible unit of local
  498  government shall be computed on the basis of the apportionment
  499  factor provided in s. 218.245, which shall be applied for all
  500  eligible units of local government to all receipts available for
  501  distribution in the respective revenue sharing trust fund.
  502         (b) Second, revenue shared with eligible units of local
  503  government for any fiscal year shall be adjusted so that no
  504  eligible unit of local government receives less funds than its
  505  guaranteed entitlement.
  506         (c) Third, revenues shared with counties for any fiscal
  507  year shall be adjusted so that no county receives less funds
  508  than its guaranteed entitlement plus the second guaranteed
  509  entitlement for counties.
  510         (d) Fourth, revenue shared with units of local government
  511  for any fiscal year shall be adjusted so that no unit of local
  512  government receives less funds than its minimum entitlement.
  513         (e) Fifth, after the adjustments provided in paragraphs
  514  (b), (c), and (d), the funds remaining in the respective trust
  515  fund for municipalities shall be distributed to the appropriate
  516  governing bodies eligible for a distribution under ss. 290.0137
  517  and 290.0138.
  518         (f)(e)Sixth Fifth, after the adjustments provided in
  519  paragraphs (b), (c), and (d), and (e), and after deducting the
  520  amount committed to all the units of local government, the funds
  521  remaining in the respective trust funds shall be distributed to
  522  those eligible units of local government which qualify to
  523  receive additional moneys beyond the guaranteed entitlement, on
  524  the basis of the additional money of each qualified unit of
  525  local government in proportion to the total additional money of
  526  all qualified units of local government.
  527         Section 6. Subsection (8) of section 220.02, Florida
  528  Statutes, is amended to read:
  529         220.02 Legislative intent.—
  530         (8) It is the intent of the Legislature that credits
  531  against either the corporate income tax or the franchise tax be
  532  applied in the following order: those enumerated in s. 631.828,
  533  those enumerated in s. 220.191, those enumerated in s. 220.181,
  534  those enumerated in s. 220.183, those enumerated in s. 220.182,
  535  those enumerated in s. 220.1895, those enumerated in s. 220.195,
  536  those enumerated in s. 220.184, those enumerated in s. 220.186,
  537  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  538  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  539  those enumerated in s. 220.192, those enumerated in s. 220.193,
  540  those enumerated in s. 288.9916, those enumerated in s.
  541  220.1899, those enumerated in s. 220.1896, those enumerated in
  542  s. 220.194, and those enumerated in s. 220.196, those enumerated
  543  in s. 220.1815, and those enumerated in s. 220.197.
  544         Section 7. Paragraph (a) of subsection (1) of section
  545  220.13, Florida Statutes, is amended to read:
  546         220.13 “Adjusted federal income” defined.—
  547         (1) The term “adjusted federal income” means an amount
  548  equal to the taxpayer’s taxable income as defined in subsection
  549  (2), or such taxable income of more than one taxpayer as
  550  provided in s. 220.131, for the taxable year, adjusted as
  551  follows:
  552         (a) Additions.—There shall be added to such taxable income:
  553         1. The amount of any tax upon or measured by income,
  554  excluding taxes based on gross receipts or revenues, paid or
  555  accrued as a liability to the District of Columbia or any state
  556  of the United States which is deductible from gross income in
  557  the computation of taxable income for the taxable year.
  558         2. The amount of interest which is excluded from taxable
  559  income under s. 103(a) of the Internal Revenue Code or any other
  560  federal law, less the associated expenses disallowed in the
  561  computation of taxable income under s. 265 of the Internal
  562  Revenue Code or any other law, excluding 60 percent of any
  563  amounts included in alternative minimum taxable income, as
  564  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  565  taxpayer pays tax under s. 220.11(3).
  566         3. In the case of a regulated investment company or real
  567  estate investment trust, an amount equal to the excess of the
  568  net long-term capital gain for the taxable year over the amount
  569  of the capital gain dividends attributable to the taxable year.
  570         4. That portion of the wages or salaries paid or incurred
  571  for the taxable year which is equal to the amount of the credit
  572  allowable for the taxable year under s. 220.181. This
  573  subparagraph shall expire on the date specified in s. 290.016
  574  for the expiration of the Florida Enterprise Zone Act.
  575         5. That portion of the ad valorem school taxes paid or
  576  incurred for the taxable year which is equal to the amount of
  577  the credit allowable for the taxable year under s. 220.182. This
  578  subparagraph shall expire on the date specified in s. 290.016
  579  for the expiration of the Florida Enterprise Zone Act.
  580         6. The amount taken as a credit under s. 220.195 which is
  581  deductible from gross income in the computation of taxable
  582  income for the taxable year.
  583         7. That portion of assessments to fund a guaranty
  584  association incurred for the taxable year which is equal to the
  585  amount of the credit allowable for the taxable year.
  586         8. In the case of a nonprofit corporation which holds a
  587  pari-mutuel permit and which is exempt from federal income tax
  588  as a farmers’ cooperative, an amount equal to the excess of the
  589  gross income attributable to the pari-mutuel operations over the
  590  attributable expenses for the taxable year.
  591         9. The amount taken as a credit for the taxable year under
  592  s. 220.1895.
  593         10. Up to nine percent of the eligible basis of any
  594  designated project which is equal to the credit allowable for
  595  the taxable year under s. 220.185.
  596         11. The amount taken as a credit for the taxable year under
  597  s. 220.1875. The addition in this subparagraph is intended to
  598  ensure that the same amount is not allowed for the tax purposes
  599  of this state as both a deduction from income and a credit
  600  against the tax. This addition is not intended to result in
  601  adding the same expense back to income more than once.
  602         12. The amount taken as a credit for the taxable year under
  603  s. 220.192.
  604         13. The amount taken as a credit for the taxable year under
  605  s. 220.193.
  606         14. Any portion of a qualified investment, as defined in s.
  607  288.9913, which is claimed as a deduction by the taxpayer and
  608  taken as a credit against income tax pursuant to s. 288.9916.
  609         15. The costs to acquire a tax credit pursuant to s.
  610  288.1254(5) that are deducted from or otherwise reduce federal
  611  taxable income for the taxable year.
  612         16. The amount taken as a credit for the taxable year
  613  pursuant to s. 220.194.
  614         17. The amount taken as a credit for the taxable year under
  615  s. 220.196. The addition in this subparagraph is intended to
  616  ensure that the same amount is not allowed for the tax purposes
  617  of this state as both a deduction from income and a credit
  618  against the tax. The addition is not intended to result in
  619  adding the same expense back to income more than once.
  620         18. The amount taken as a credit for the taxable year
  621  pursuant to s. 220.197.
  622         Section 8. Section 220.1815, Florida Statutes, is created
  623  to read:
  624         220.1815 Enterprise program zone tax credits.—
  625         (1) Effective July 1, 2013, there shall be allowed the
  626  following credits against the tax imposed by this chapter for
  627  any qualified business as defined in s. 290.203 located in an
  628  enterprise program zone:
  629         (a) A credit equal to 8 percent of the business’s corporate
  630  income tax liability imposed under this chapter.
  631         (b) A credit equal to $1,500 of the business’s corporate
  632  income tax liability for hiring a new full-time employee who
  633  resides in the enterprise program zone, if such employee
  634  received temporary cash assistance under s. 414.045, or was
  635  totally unemployed as defined in s. 443.036(44)(a), for at least
  636  90 days before such employment. The tax credit provided under
  637  this paragraph may be claimed only once per new full-time
  638  employee for the taxable year during which the business
  639  initially hires such employee.
  640         (2)(a) To be eligible to receive a tax credit provided
  641  under paragraph (1)(a) or paragraph (1)(b), a qualified business
  642  must initially apply to the zone development corporation created
  643  under s. 290.207. The application shall be developed by the
  644  Florida Urban Investment Job Creation Authority in consultation
  645  with the department.
  646         (b) When claiming a tax credit under paragraph (1)(b), the
  647  application must include a statement that is filed under oath
  648  with the zone development corporation and that includes, for
  649  each new employee for whom the credit is claimed, the employee’s
  650  name and residential address during the taxable year and, if
  651  applicable, documentation that the employee received temporary
  652  cash assistance or was totally unemployed for at least 90 days
  653  before employment by the qualified business.
  654         (c) The zone development corporation shall review each
  655  submitted application and determine whether the application is
  656  complete. Once complete, the zone development corporation shall
  657  evaluate the application and recommend approval or disapproval
  658  to the Florida Urban Investment Job Creation Authority.
  659         (d) Upon receipt of an application and recommendation from
  660  the zone development corporation, the Florida Urban Investment
  661  Job Creation Authority shall certify qualified businesses that
  662  meet the requirements of s. 290.211 and this section and notify
  663  the applicant, the zone development corporation, and the
  664  department of the certification.
  665         (e) If the Florida Urban Investment Job Creation Authority
  666  finds that the applicant does not meet the requirements of s.
  667  290.211 or this section, the authority must notify the applicant
  668  and the zone development corporation that the application for
  669  certification is denied and the reasons for denial. The Florida
  670  Urban Investment Job Creation Authority has final approval
  671  authority for certification under this section.
  672         (3) If a tax credit certified under this section is not
  673  fully used in any one year, the unused amount may be carried
  674  forward for a period not to exceed 5 years. The carryover credit
  675  may be used in a subsequent year when the tax imposed by this
  676  chapter for such year exceeds the credit for such year after
  677  applying the other credits and unused credit carryovers in the
  678  order provided in s. 220.02(8).
  679         (4) This section expires on the date specified in s.
  680  290.219 for the expiration of the Urban Job Creation Investment
  681  Act.
  682         Section 9. Section 220.19, Florida Statutes, is amended to
  683  read:
  684         220.19 Child care tax credits.—
  685         (1)AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
  686         (a)1.A credit of 50 percent of the startup costs of child
  687  care facilities operated by a corporation for its employees is
  688  allowed against any tax due for a taxable year under this
  689  chapter. A credit against such tax is also allowed for the
  690  operation of a child care facility by a corporation for its
  691  employees, which credit is in the amount of $50 per month for
  692  each child enrolled in the facility.
  693         2.A credit is allowed against any tax due for a taxable
  694  year under this chapter for any taxpayer that makes payments
  695  directly to a child care facility as defined by s. 402.302 which
  696  is licensed in accordance with s. 402.305, or to any facility
  697  providing daily care to children who are mildly ill, which
  698  payments are made in the name of and for the benefit of an
  699  employee of the taxpayer in this state whose child attends the
  700  child care facility during the employee’s working hours. The
  701  credit shall be an amount equal to 50 percent of the amount of
  702  such child care payments.
  703         (b)A corporation may not receive more than $50,000 in
  704  annual tax credits for all approved child care costs that the
  705  corporation incurs in any one year.
  706         (c)The total amount of tax credits which may be granted
  707  for all programs approved under this section and s. 624.5107 is
  708  $2 million annually.
  709         (d)An application for tax credit under this section must
  710  be approved by the executive director of the department.
  711         (e)(1) If the credit granted under this section is not
  712  fully used in any one year because of insufficient tax liability
  713  on the part of the corporation, the unused amount may be carried
  714  forward for a period not to exceed 5 years. The carryover credit
  715  may be used in a subsequent year when the tax imposed by this
  716  chapter for that year exceeds the credit for which the
  717  corporation is eligible in that year under this section after
  718  applying the other credits and unused carryovers in the order
  719  provided by s. 220.02(8).
  720         (f)(2) If a corporation receives a credit for child care
  721  facility startup costs, and the facility fails to operate for at
  722  least 5 years, a pro rata share of the credit must be repaid, in
  723  accordance with the formula: A = C x (1 - (N/60)), where:
  724         1.(a) “A” is the amount in dollars of the required
  725  repayment.
  726         2.(b) “C” is the total credits taken by the corporation for
  727  child care facility startup costs.
  728         3.(c) “N” is the number of months the facility was in
  729  operation.
  730  
  731  This repayment requirement is inapplicable if the corporation
  732  goes out of business or can demonstrate to the department that
  733  its employees no longer want to have a child care facility.
  734         (g)A taxpayer that files a consolidated return in this
  735  state as a member of an affiliated group under s. 220.131(1) may
  736  be allowed the credit on a consolidated return basis.
  737         (h)A taxpayer that is eligible to receive credit under s.
  738  624.5107 is ineligible to receive credit under this section.
  739         (2)ELIGIBILITY REQUIREMENTS.—
  740         (a)A child care facility with respect to which a
  741  corporation claims a child care tax credit must be a child care
  742  facility as defined by s. 402.302 and must be licensed in
  743  accordance with s. 402.305, or must be a facility providing
  744  daily care to children who are mildly ill.
  745         (b)The services of a child care facility for which a
  746  corporation claims a child care tax credit under subparagraph
  747  (1)(a)1. must be available to all employees of the corporation,
  748  or must be allocated on a first-come, first-served basis, and
  749  must be used by employees of the taxpayer.
  750         (c)Two or more corporations may join together to start and
  751  to operate a child care facility according to the provisions of
  752  this section. If two or more corporations choose to jointly
  753  operate a child care facility, or cause a not-for-profit
  754  corporation to operate the child care facility, the corporations
  755  must file a joint application or the not-for-profit corporation
  756  may file the application with the department, pursuant to
  757  subsection (3), setting forth their proposal. The participating
  758  corporations may proportion the annual credits for child care
  759  costs in any manner they choose as appropriate, but no jointly
  760  operated corporate child care facility established under this
  761  section may receive more than $50,000 in annual tax credits for
  762  all approved child care costs that the participating
  763  corporations incur in any one year.
  764         (d)Child care payments for which a corporation claims a
  765  credit under subparagraph (1)(a)2. may not exceed the amount
  766  charged by the child care facility to other children of like age
  767  and abilities of persons not employed by the corporation.
  768         (3)APPLICATION REQUIREMENTS.—Any corporation that wishes
  769  to participate in this program must submit to the department an
  770  application for tax credit which sets forth the proposal for
  771  establishing a child care facility for the use of its employees
  772  or for payment of the cost of child care for its employees. This
  773  application must state the anticipated startup costs and the
  774  number of children to be enrolled, in the case of credit claimed
  775  under subparagraph (1)(a)1., or the number of children for whom
  776  child care costs will be paid, in the case of credit claimed
  777  under subparagraph (1)(a)2.
  778         (4)ADMINISTRATION.—
  779         (a)The Department of Revenue may adopt rules to administer
  780  this section, including rules for the approval or disapproval of
  781  proposals submitted by corporations and rules to provide for
  782  cooperative arrangements between for-profit and not-for-profit
  783  corporations.
  784         (b)The executive director’s decision to approve or
  785  disapprove a proposal must be in writing, and, if the proposal
  786  is approved, the decision must state the maximum credit
  787  allowable to the corporation.
  788         (c)All approvals for the granting of the tax credit
  789  require prior verification by the Department of Children and
  790  Family Services or local licensing agency that the corporation
  791  meets the licensure requirements as defined in s. 402.302 and is
  792  currently licensed in accordance with s. 402.305, or is a
  793  facility providing daily care to children who are mildly ill.
  794         (d)Verification of the child care provider as an approved
  795  facility must be in writing and must be attached to the credit
  796  application form submitted to the Department of Revenue.
  797         (5)EXPIRATION.—This section expires on June 30, 2017,
  798  except that paragraph (1)(e), which relates to carryover
  799  credits, and paragraph (1)(f), which relates to repaying tax
  800  credits in specified circumstances, do not expire on that date.
  801         (6)MEANING OF CORPORATION.—As used in this section, the
  802  term “corporation” includes all general partnerships, limited
  803  partnerships, unincorporated businesses, and all other business
  804  entities that are owned or controlled by a parent corporation.
  805         Section 10. Section 220.197, Florida Statutes, is created
  806  to read:
  807         220.197Corporate tax credit for corporations contracting
  808  with small businesses.—
  809         (1) As used in this section, the term:
  810         (a) “Business contract” means a written agreement between a
  811  corporation and a small business which has been executed.
  812         (b) “Corporation” means a business that employs 300 or more
  813  full-time employees in this state, but does not include a
  814  financial organization as defined in s. 220.15(6) or a bank,
  815  savings association, international banking facility, or banking
  816  organization as defined in s. 220.62.
  817         (c) “Department” means the Department of Economic
  818  Opportunity.
  819         (d) “Small business” means a business that employs 25 or
  820  fewer full-time employees in the state and 25 or fewer full-time
  821  employees outside the state. If the total number of jobs in the
  822  state increases to more than 25 full-time employees, due to the
  823  requirements provided in subparagraph (3)(c)4., the business
  824  still qualifies as a small business.
  825         (e) “New employee” means a person who begins a full-time
  826  job within a small business and who has not been employed in a
  827  full-time job within the preceding 12 months by the small
  828  business.
  829         (f) “Job” means a full-time employed position, as
  830  consistent with terms used by the Department of Economic
  831  Opportunity and the United States Department of Labor for
  832  purposes of unemployment compensation tax administration and
  833  employment estimation resulting directly from a business
  834  operation in this state.
  835         (2) If the department determines that a corporation and a
  836  small business have met the requirements of this section, the
  837  corporation is eligible for a credit against its corporate
  838  income tax liability under s. 220.11.
  839         (3) In order to qualify for the credits provided in
  840  subsection (2):
  841         (a) A corporation must execute a business contract with a
  842  small business for the purchase of goods or services. The terms
  843  of the business contract must include, but are not limited to,
  844  the following:
  845         1. The corporation must pay at least $100,000 to the small
  846  business for goods or services within 1 year after the business
  847  contract is executed; and
  848         2. The small business must hire, within 60 days after the
  849  business contract is executed, at least two new employees for 1
  850  year.
  851         (b) The corporation and the small business must not be
  852  related parties or engaged in a business contract before July 1,
  853  2012.
  854         (c) The corporation and the small business must submit an
  855  application to the department, within 90 days after the business
  856  contract is executed, which includes, but need not be limited
  857  to:
  858         1. A copy of the business contract;
  859         2. The name, address, and salary or hourly wages paid to
  860  each new employee of the small business within the past year;
  861         3. The name, address, and salary or hourly wages paid to
  862  each new employee of the small business hired after the
  863  execution of the business contract; and
  864         4. Evidence that demonstrates to the department that the
  865  total number of jobs in the small business is at least two more
  866  than the total number before the date the business contract was
  867  executed.
  868         (4) The department shall review the initial application and
  869  notify the corporation and small business of any omission and
  870  request additional information, if needed. The application shall
  871  be deemed complete upon receipt of all requested information.
  872  The department shall provisionally certify, within 10 working
  873  days, each complete application that contains the information
  874  required pursuant to this subsection, and a copy of the
  875  provisional certification must be transmitted to the executive
  876  director of the Department of Revenue. The department shall
  877  notify the corporation and the small business, within 10 working
  878  days, in writing, if the application has been provisionally
  879  certified.
  880         (5) The corporation and the small business, within 60 days
  881  after satisfying the terms of the business contract, must
  882  certify to the department, in writing, and demonstrate to the
  883  satisfaction of the department that the conditions of this
  884  section have been met. The corporation must also notify the
  885  department that it intends to claim the credit authorized under
  886  this section against its corporate income tax liability under s.
  887  220.11 on the first tax return due after receipt of final
  888  approval from the department.
  889         (6) Upon final certification by the department, the
  890  corporation may take a credit equal to 10 percent of the
  891  payments made to the small business under the terms of the
  892  business contract during the taxable year against its corporate
  893  income tax liability under s. 220.11, except:
  894         (a) A corporation may not claim a tax credit in excess of
  895  its corporate income tax liability under s. 220.11. If the
  896  credit granted under this section is not fully taken in any
  897  single year because of insufficient tax liability on the part of
  898  the corporation, the unused amount may not be carried forward or
  899  backward.
  900         (b) The credits earned in this section may not be sold or
  901  transferred.
  902         (7) Any corporation who fraudulently claims to have
  903  qualified for the credits provided in this section is liable for
  904  repayment of any credits taken plus a mandatory penalty of 100
  905  percent of the credit plus interest at the rate provided in this
  906  chapter, and such corporation commits a misdemeanor of the
  907  second degree, punishable as provided in s. 775.082 or s.
  908  775.083.
  909         (8) The department and the Department of Revenue may adopt
  910  rules to administer this section.
  911         Section 11. Section 290.004, Florida Statutes, is amended
  912  to read:
  913         290.004 Definitions relating to Florida Enterprise Zone
  914  Act.—As used in ss. 290.001-290.016, the term:
  915         (1) “Bond” means a bond, note, or other instrument that is
  916  issued by the governing body pursuant to s. 290.01391 and
  917  secured by tax increment revenues or other security authorized
  918  in this chapter.
  919         (2)(1) “Community investment corporation” means a black
  920  business investment corporation, a certified development
  921  corporation, a small business investment corporation, or other
  922  similar entity incorporated under Florida law which that has
  923  limited its investment policy to making investments solely in
  924  minority business enterprises.
  925         (3)(2) “Department” means the Department of Economic
  926  Opportunity.
  927         (4)(3) “Governing body” means the council or other
  928  legislative body charged with governing the county or
  929  municipality.
  930         (5)(4) “Minority business enterprise” has the same meaning
  931  as provided in s. 288.703.
  932         (6) “Retail development costs” mean any costs associated
  933  with, arising out of, or incurred in connection with:
  934         (a) A retail development project;
  935         (b) The issuance of, or debt service or any other payments
  936  in respect of, the bonds, including costs of issuance,
  937  capitalized interest, credit enhancement fees, reserve funds, or
  938  working capital; or
  939         (c) The relocation of a business in which the purpose of
  940  relocation is to make space for a retail development project.
  941         (7) “Retail development project” means the establishment of
  942  a business pursuant to a development agreement between the
  943  governing body and the retail development project developer
  944  within a sales tax increment district within an enterprise zone.
  945  A business established by a retail development project must be
  946  engaged in direct onsite retail sales to consumers or providing
  947  unique entertainment attractions, including the following:
  948  acquisition, purchasing, construction, reconstruction,
  949  improvement, renovation, rehabilitation, restoration,
  950  remodeling, repair, remediation, expansion, extension, or the
  951  furnishing, equipping, and opening of the business. A retail
  952  development project may include restaurants, grocery and
  953  specialty food stores, art galleries, and businesses engaged in
  954  sales of home furnishings, apparel, and general merchandise
  955  goods to specialized customers, or providing a unique
  956  entertainment attraction. A retail development project may not
  957  include:
  958         (a) Liquor stores;
  959         (b) Adult entertainment establishments or nightclubs;
  960         (c) Adult book clubs; and
  961         (d) The relocation of a business to the retail development
  962  project from another location within the enterprise zone, unless
  963  the relocation involves a significant expansion of the size of
  964  the business.
  965         (8) “Retail development project developer” means a person
  966  sponsoring a retail development project.
  967         (9)(5) “Rural enterprise zone” means an enterprise zone
  968  that is nominated by a county having a population of 75,000 or
  969  fewer, or a county having a population of 100,000 or fewer which
  970  is contiguous to a county having a population of 75,000 or
  971  fewer, or by a municipality in such a county, or by such a
  972  county and one or more municipalities. An enterprise zone
  973  designated in accordance with s. 290.0065(5)(b) is considered to
  974  be a rural enterprise zone.
  975         (10) “Sales tax increment district” means an area within an
  976  enterprise zone designated by a governing body to be used by a
  977  retail development project.
  978         (11)(6) “Small business” has the same meaning as provided
  979  in s. 288.703.
  980         (12) “Tax increment revenues” means the additional sales
  981  tax revenues within the area of a sales tax increment district
  982  which exceed the amount of sales tax revenues in the base year.
  983         Section 12. Paragraph (a) of subsection (9) of section
  984  290.0056, Florida Statutes, is amended, and present subsections
  985  (11) and (12) of that section are redesignated as subsections
  986  (12) and (13), respectively, and a new subsection (11) is added
  987  to that section, to read:
  988         290.0056 Enterprise zone development agency.—
  989         (9) The following powers and responsibilities shall be
  990  performed by the governing body creating the enterprise zone
  991  development agency acting as the managing agent of the
  992  enterprise zone development agency, or, contingent upon approval
  993  by such governing body, such powers and responsibilities shall
  994  be performed by the enterprise zone development agency:
  995         (a) To review, process, and certify applications for state
  996  enterprise zone tax incentives pursuant to ss. 212.08(5)(g),
  997  (h), and (15); 212.096; 220.181; and 220.182; and 290.0137.
  998         (11) A governing body that designates a sales tax increment
  999  district may also exercise the following additional powers for
 1000  the purpose of providing local financing for public and private
 1001  improvements that will foster job growth and enhance the base of
 1002  retailers within an enterprise zone, unless otherwise prohibited
 1003  by ordinance:
 1004         (a) Enter into cooperative contracts and agreements with a
 1005  county, municipality, governmental agency, or private entity for
 1006  services and assistance;
 1007         (b) Acquire, own, convey, construct, maintain, improve, and
 1008  manage property and facilities and grant and acquire licenses,
 1009  easements, and options with respect to such property;
 1010         (c) Expend incremental sales tax revenues to promote and
 1011  advertise the commercial advantages of the district in order to
 1012  attract new businesses and encourage the expansion of existing
 1013  businesses;
 1014         (d) Expend incremental sales tax revenues to promote and
 1015  advertise the district to the public and engage in cooperative
 1016  advertising programs with businesses located in the district;
 1017  and
 1018         (e) Expend incremental sales tax revenues pursuant to a
 1019  development agreement with a retail development project
 1020  developer to underwrite retail development costs.
 1021         Section 13. Subsection (9) is added to section 290.007,
 1022  Florida Statutes, to read:
 1023         290.007 State incentives available in enterprise zones.—The
 1024  following incentives are provided by the state to encourage the
 1025  revitalization of enterprise zones:
 1026         (9)Tax increment financing within the area of an
 1027  enterprise zone which is designated as a sales tax increment
 1028  district.
 1029         Section 14. Section 290.01351, Florida Statutes, is created
 1030  to read:
 1031         290.01351Municipal Revitalization Act.—Sections 290.01351
 1032  290.01391 may be cited as the “Municipal Revitalization Act.”
 1033         Section 15. Section 290.0136, Florida Statutes, is created
 1034  to read:
 1035         290.0136 Sales tax increment districts; intent and
 1036  purpose.—
 1037         (1) The Legislature intends to foster the revitalization of
 1038  counties and municipalities and support job-creating retail
 1039  development projects within enterprise zones by authorizing the
 1040  governing bodies of counties and municipalities to designate
 1041  sales tax increment districts within enterprise zones, subject
 1042  to review and approval by the Department of Economic
 1043  Opportunity.
 1044         (2) The Legislature finds that by authorizing local
 1045  governing bodies of an enterprise zone to designate a sales tax
 1046  increment district, the counties or municipalities may share
 1047  with the state any annual increase in sales tax collections
 1048  occasioned by a retail development project and advance the
 1049  revitalization of such counties and municipalities. Through the
 1050  sharing of any annual increases in sales tax collections within
 1051  a sales increment district resulting from the advancement of a
 1052  retail development project, the Legislature intends to provide
 1053  local financing for public and private improvements that will
 1054  foster job growth for the residents of economically distressed
 1055  areas and enhance the base of local retailers serving residents
 1056  of the enterprise zones and the surrounding communities.
 1057         Section 16. Section 290.0137, Florida Statutes, is created
 1058  to read:
 1059         290.0137 Designation of sales tax increment districts;
 1060  review and approval.—
 1061         (1) Any municipality having a population of at least
 1062  250,000 residents which has designated an enterprise zone, or
 1063  all the governing bodies in the case of a county and one or more
 1064  municipalities having been designated an enterprise zone if the
 1065  county has a population of at least 750,000 residents, may adopt
 1066  a resolution designating a sales tax increment district to
 1067  support the development of a retail development project
 1068  following a public hearing.
 1069         (2)The resolution creating a sales tax increment
 1070  redevelopment district, at a minimum, must:
 1071         (a)Include findings that the designation of the sales tax
 1072  increment district:
 1073         1.Is essential to the advancement of a retail development
 1074  project;
 1075         2.Will provide needed retail amenities within the
 1076  enterprise zone;
 1077         3.Will result in the creation of a total of 500 new jobs
 1078  and at least $1 million in sales tax increment revenue annually;
 1079  and
 1080         4.Will enhance the health and general welfare of the
 1081  residents of the enterprise zone within the sponsoring
 1082  municipality or county;
 1083         (b)Fix the geographic boundaries of the sales tax
 1084  increment district which are necessary to support the
 1085  advancement of a retail development project;
 1086         (c)Establish the term of the life of the sales tax
 1087  increment district, which term may not exceed 15 years following
 1088  the date the sales tax increment district is approved following
 1089  review by the Department of Economic Opportunity;
 1090         (d) Specify the base year amount of sales tax revenues for
 1091  the determination of the amount of sales tax increment revenues
 1092  resulting from a retail development project; and
 1093         (e)Authorize staff of the governing body to negotiate a
 1094  development agreement with the retail development project
 1095  developer, subject to the approval of the governing body.
 1096         (3)A copy of the resolution adopted by the governing body
 1097  designating the sales tax increment district shall be
 1098  transmitted to the Department of Economic Opportunity for its
 1099  review. The department, in consultation with Enterprise Florida,
 1100  Inc., shall determine whether the designation of the sales tax
 1101  increment district complies with the requirements of this
 1102  chapter.
 1103         (4)Upon determining that the designation by the governing
 1104  body complies with the requirements of this chapter, the
 1105  Department of Economic Opportunity shall transmit a copy of the
 1106  resolution establishing the sales tax increment district to the
 1107  Department of Revenue.
 1108         Section 17. Section 290.0138, Florida Statutes, is created
 1109  to read:
 1110         290.0138Calculation of tax increment revenue contribution
 1111  to governing body.—
 1112         (1)The governing body of a designated sales tax increment
 1113  district is eligible for a percentage distribution from the
 1114  Revenue Sharing Trust Fund for Municipalities of the increased
 1115  collections of the sales tax revenues realized during any month
 1116  by the municipality over the same monthly period of the base
 1117  year, as follows:
 1118         (a) Eighty-five percent of the increased monthly
 1119  collections of $85,000 or less.
 1120         (b) Seventy-five percent of the increased monthly
 1121  collections greater than $85,000 but $425,000 or less.
 1122         (c) Fifty percent of the increased monthly collections
 1123  greater than $425,000 but $675,000 or less.
 1124         (d) Twenty-five percent of the increased monthly
 1125  collections greater than $675,000 but $1 million or less.
 1126         (2) The specific amount payable to each eligible governing
 1127  body shall be determined monthly by the Department of Revenue
 1128  for distribution to the appropriate eligible governing body
 1129  pursuant to subsection (1). The Department of Revenue shall
 1130  determine monthly the aggregate amount of sales tax revenue that
 1131  is required for distribution to an eligible governing body under
 1132  this section and transfer that amount from the General Revenue
 1133  Fund to the Revenue Sharing Trust Fund for Municipalities in
 1134  accordance with s. 212.20(6)(d)5. All amounts transferred to the
 1135  Revenue Sharing Trust Fund for Municipalities shall be
 1136  distributed as provided in s. 218.23(3)(e). The total
 1137  distribution provided to the eligible governing body may not
 1138  exceed the total tax increment revenue contribution set forth in
 1139  the retail project development agreement required pursuant to s.
 1140  290.0139.
 1141         (3)Each governing body receiving a percentage distribution
 1142  pursuant to subsection (1) shall establish a separate tax
 1143  increment revenue account within its general fund for the
 1144  deposit of the sales tax increment for each sales tax increment
 1145  district.
 1146         Section 18. Section 290.0139, Florida Statutes, is created
 1147  to read:
 1148         290.0139Retail development project agreement.—
 1149         (1) A retail development project developer desiring to use
 1150  tax increment revenues to underwrite retail development costs
 1151  must enter into a retail development project agreement with the
 1152  governing body of the county or municipality designating a sales
 1153  tax increment district. The agreement must set forth:
 1154         (a)The goals and objectives of the retail development
 1155  project;
 1156         (b)Requirements for leasing retail space within the retail
 1157  development project which will advance the goals and objectives;
 1158         (c) The terms and conditions under which tax increment
 1159  revenue or bond proceeds will be advanced to pay retail
 1160  developments costs incurred in the sales tax increment district;
 1161         (d) The total amount of the tax increment revenue to be
 1162  contributed to pay retail development costs within the sales tax
 1163  increment district;
 1164         (e) Goals for hiring minority business enterprises to
 1165  perform construction or operations work, which goal shall equal
 1166  an amount at least 25 percent of the total amount of tax
 1167  increment revenue contributed towards the payment of retail
 1168  development costs within the sales tax increment district;
 1169         (f) Goals for the hiring of enterprise zone residents for
 1170  the new jobs created by the retail development project, which
 1171  goal shall equal at least 35 percent of the new jobs created;
 1172         (g) Such matters as may be required in connection with the
 1173  issuance of bonds to support the retail development project; and
 1174         (h) Such other matters as the governing body designating
 1175  the sales tax increment district may determine to be necessary
 1176  and appropriate.
 1177         (2) Tax increment revenues or bond proceeds may not be
 1178  advanced to pay retail development costs until such time as the
 1179  retail development project is open to the general public.
 1180         (3) The governing body may approve a retail project
 1181  development agreement following a public hearing and the
 1182  approval must be in the form of a resolution.
 1183         Section 19. Section 290.01391, Florida Statutes, is created
 1184  to read:
 1185         290.01391Issuance of tax increment revenue bonds; use of
 1186  bond proceeds; funding agreement.—
 1187         (1) A governing body that designates a sales tax increment
 1188  district may approve a resolution following a public hearing
 1189  which authorizes tax increment revenues to be used to support
 1190  the issuance of revenue bonds to finance retail redevelopment
 1191  costs of a retail development project, including the payment of
 1192  principal and interest upon any advances for surveys and plans
 1193  or preliminary loans.
 1194         (2) Bonds issued under this section do not constitute
 1195  indebtedness within the meaning of any constitutional or
 1196  statutory debt limitation or restriction and are not subject to
 1197  any other law or charter relating to the authorization,
 1198  issuance, or sale of bonds. Bonds issued under this section are
 1199  declared to be issued for an essential public and governmental
 1200  purpose, and the interest and income from the bonds are exempt
 1201  from all taxes, except taxes imposed by chapter 220 on
 1202  corporations.
 1203         (3) Bonds issued under this section may be issued in one or
 1204  more series and may bear such date or dates, be payable upon
 1205  demand or mature at such time or times, bear interest at such
 1206  rate or rates, be in such denomination or denominations, be in
 1207  such form either with or without coupon or registered, carry
 1208  such conversion or registration privileges, have such rank or
 1209  priority, be executed in such manner, be payable in such medium
 1210  of payment at such place or places, be subject to such terms of
 1211  redemption with or without a premium, be secured in such manner,
 1212  and have such other characteristics as may be provided by the
 1213  resolution or ordinance authorizing their issuance. Bonds issued
 1214  under this section may be sold in such manner, either at public
 1215  or private sale, and for such price as the designated
 1216  redevelopment agency may determine will effectuate the purposes
 1217  of this section.
 1218         (4) In any suit, action, or proceeding involving the
 1219  validity or enforceability of any bond issued under this
 1220  section, any bond that recites in substance that it has been
 1221  issued by the governing body in connection with the sales tax
 1222  increment district for a purpose authorized under this section
 1223  is conclusively presumed to have been issued for that purpose,
 1224  and any project financed by the bond is conclusively presumed to
 1225  have been planned and carried out in accordance with the
 1226  intended purposes of this section.
 1227         Section 20. Section 290.016, Florida Statutes, is amended
 1228  to read:
 1229         290.016 Repeal.—Sections 290.001-290.014 are repealed June
 1230  30, 2013 December 31, 2015.
 1231         Section 21. Section 290.201, Florida Statutes, is created
 1232  to read:
 1233         290.201 Short title.—Sections 290.201-290.219 may be cited
 1234  as the “Urban Job Creation Investment Act.”
 1235         Section 22. Section 290.203, Florida Statutes, is created
 1236  to read:
 1237         290.203 Definitions.—As used in ss. 290.201-290.219, the
 1238  term:
 1239         (1) “Authority” means the Florida Urban Investment Job
 1240  Creation Authority created under s. 290.205.
 1241         (2) “Authorized local economic development agency” means a
 1242  public or private entity, including an economic development
 1243  agency as defined in s. 288.075, authorized by a county or
 1244  municipality to promote the general business or industrial
 1245  interests of the county or municipality.
 1246         (3) “Business” has the same meaning as provided in s.
 1247  212.02.
 1248         (4) “Emergency” means occurrence of widespread or severe
 1249  damage, injury, or loss of life or property proclaimed under s.
 1250  14.022 or declared under s. 252.36.
 1251         (5) “Enterprise program zone” means an urban revitalization
 1252  zone designated under s. 290.209 which is located in a legacy
 1253  enterprise zone or federally designated empowerment zone.
 1254         (6) “Enterprise program zone assistance fund” means a
 1255  program that provides loans, loan guarantees, loan-loss
 1256  reserves, or investments for projects of qualified businesses as
 1257  provided in s. 290.213.
 1258         (7) “Expansion of an existing business” means the expansion
 1259  of an existing business located in an enterprise program zone by
 1260  or through additions to real and personal property, resulting in
 1261  a net increase in employment of at least 10 percent at such
 1262  business.
 1263         (8) “Federally designated empowerment zone” means a
 1264  geographic area of the state designated by the Federal
 1265  Government as an empowerment zone under the Federal Empowerment
 1266  Zone Program as defined in s. 290.0491.
 1267         (9) “Florida Enterprise Zone Act” has the same meaning as
 1268  provided in s. 290.001.
 1269         (10) “Legacy enterprise zone” means an enterprise zone
 1270  designated under the Florida Enterprise Zone Act.
 1271         (11) “New business” means a business that applies for state
 1272  incentives under ss. 290.201-290.219 before beginning operations
 1273  in an enterprise program zone and that is a legal entity
 1274  separate from any other commercial or industrial operations
 1275  owned by the same business.
 1276         (12) “Project” means the creation of a new business, or the
 1277  expansion or rebuilding of an existing business, located in an
 1278  enterprise program zone.
 1279         (13) “Qualified business” means a business that meets the
 1280  qualifications under s. 290.211 to receive state incentives
 1281  under ss. 290.213 and 290.215.
 1282         (14) “Rebuilding of an existing business” means replacement
 1283  or restoration of real or tangible property destroyed or damaged
 1284  during an emergency in an enterprise program zone by a business
 1285  located in the zone.
 1286         (15) “Zone development corporation” means a corporation not
 1287  for profit created under s. 290.207 to administer an enterprise
 1288  program zone.
 1289         Section 23. Section 290.205, Florida Statutes, is created
 1290  to read:
 1291         290.205 Florida Urban Investment Job Creation Authority;
 1292  creation; membership and duties.—
 1293         (1) There is created within the Department of Economic
 1294  Opportunity the Florida Urban Investment Job Creation Authority.
 1295  The authority shall be composed of the following 11 members:
 1296         (a) Five public-sector members, who shall be appointed by
 1297  the Governor, at least three of whom must be employed or reside
 1298  in an enterprise program zone or, for initial members, in a
 1299  legacy enterprise zone or federally designated empowerment zone.
 1300  The Governor may not appoint more than three public-sector
 1301  members of the same political party affiliation. Public-sector
 1302  members shall be appointed to terms of 4 years, except that the
 1303  Governor, to establish staggered terms, may appoint members to
 1304  initial terms of less than 4 years. The Governor shall fill the
 1305  vacancy of a public-sector member for the unexpired portion of
 1306  the member’s term in the same manner as the original
 1307  appointment.
 1308         (b) One business owner, who shall be appointed by the
 1309  Governor, whose principal place of business is located in an
 1310  enterprise program zone or, for the initial member, in a legacy
 1311  enterprise zone or federally designated empowerment zone.
 1312         (c) The Chief Financial Officer of the state or his or her
 1313  designee.
 1314         (d) The executive director of the department or his or her
 1315  designee.
 1316         (e) The president of Enterprise Florida, Inc., or his or
 1317  her designee.
 1318         (f) One member appointed by the President of the Senate and
 1319  one member appointed by the Speaker of the House of
 1320  Representatives, both of whom must have training and experience
 1321  in local government, finance, economic development, or
 1322  redevelopment or participate in volunteer, civic, or community
 1323  organizations.
 1324         (2) Each member shall hold office until his or her
 1325  successor is appointed and qualified, unless the member ceases
 1326  to be qualified or is removed from office.
 1327         (3) The department shall provide administrative and staff
 1328  support services for the authority.
 1329         (4) The authority shall:
 1330         (a) Designate enterprise program zones pursuant to s.
 1331  290.209.
 1332         (b) Approve or deny applications, based upon the
 1333  recommendations of the zone development corporations, for the
 1334  qualification of businesses to receive state incentives under
 1335  ss. 290.213 and 290.215.
 1336         (c) Certify annually to the Chief Financial Officer the
 1337  amounts to be paid from the enterprise program zone assistance
 1338  funds to support proposed projects under s. 290.213.
 1339         (d) By February 15 of each year, submit an annual report to
 1340  the Governor, the President of the Senate, the Speaker of the
 1341  House of Representatives, and the department on the authority’s
 1342  activities for the previous fiscal year. The report must include
 1343  a complete financial statement setting forth the authority’s
 1344  assets, liabilities, income, and operating expenses as of the
 1345  end of the fiscal year.
 1346         (5) One year after the designation of the enterprise
 1347  program zones under s. 290.209, the authority shall prepare a
 1348  fiscal impact study of each enterprise program zone. The report
 1349  must include, but need not be limited to, an analysis of the
 1350  effects of each enterprise program zone on the economy of the
 1351  county or municipality in which the enterprise program zone is
 1352  located and any recommendations for legislation to improve the
 1353  effectiveness of the enterprise program zones. By July 1, 2015,
 1354  the authority shall submit a copy of the report to the Governor,
 1355  the President of the Senate, the Speaker of the House of
 1356  Representatives, and the Chief Financial Officer. After
 1357  submitting the initial fiscal impact study, the authority shall
 1358  prepare such report annually. The authority may use a portion of
 1359  any funds provided for projects of qualified businesses by the
 1360  enterprise program zone assistance funds to pay the costs of
 1361  each study.
 1362         Section 24. Section 290.207, Florida Statutes, is created
 1363  to read:
 1364         290.207 Zone development corporations; creation; board of
 1365  directors; membership.—
 1366         (1) A zone development corporation shall be created within
 1367  each legacy enterprise zone and federally designated empowerment
 1368  zone in the state. Each zone development corporation shall be
 1369  organized as a corporation not for profit.
 1370         (2) The board of directors of each zone development
 1371  corporation shall be composed of the following members:
 1372         (a) One business owner, who shall be appointed by the
 1373  Governor, whose principal place of business is located in the
 1374  enterprise program zone or, for the initial member, in the
 1375  legacy enterprise zone or federally designated empowerment zone.
 1376         (b) Two business or community leaders who reside in, or
 1377  whose principal place of business is located in, the enterprise
 1378  program zone or, for initial members, in the legacy enterprise
 1379  zone or federally designated empowerment zone, one of whom shall
 1380  be appointed by the President of the Senate and one of whom
 1381  shall be appointed by the Speaker of the House of
 1382  Representatives.
 1383         (c) For each county all or part of whose territory lies
 1384  within the enterprise program zone or, for initial members,
 1385  within the legacy enterprise zone or federally designated
 1386  empowerment zone, one member appointed by the board of county
 1387  commissioners of the county.
 1388         (d) For each municipality all or part of whose territory
 1389  lies within the enterprise program zone or, for initial members,
 1390  within the legacy enterprise zone or federally designated
 1391  empowerment zone, one member appointed by the governing board of
 1392  the municipality.
 1393         (3)(a) Board members shall be appointed to terms of 4
 1394  years, except that members appointed by the President of the
 1395  Senate and the Speaker of the House of Representatives shall be
 1396  appointed to terms of 2 years. A vacancy of the unexpired
 1397  portion of a member’s term shall be filled in the same manner as
 1398  the original appointment. Each board member shall hold office
 1399  until his or her successor is appointed and qualified, unless
 1400  the member ceases to be qualified or is removed from office.
 1401         (b) Upon the appointment or reappointment of a board
 1402  member, the corporation must file a certificate of appointment
 1403  or reappointment with the clerk of the respective county or
 1404  municipality.
 1405         (c) Board members shall serve without compensation but are
 1406  entitled to reimbursement for per diem and travel expenses as
 1407  provided in s. 112.061.
 1408         (4)(a) Each zone development corporation shall select a
 1409  chair and vice chair from among its members.
 1410         (b) Subject to funding provided by a county, municipality,
 1411  or authorized local economic development agency, a zone
 1412  development corporation may employ or designate an executive
 1413  director, technical experts, and other agents and employees,
 1414  permanent and temporary, and determine their qualifications,
 1415  duties, and compensation. For legal services, a zone development
 1416  corporation may employ private counsel or use attorneys of the
 1417  county, municipality, or authorized local economic development
 1418  agency at the discretion of the county, municipality, or
 1419  authorized local economic development agency.
 1420         (5) Each zone development corporation shall:
 1421         (a) Adopt and administer a zone development plan that sets
 1422  forth the boundary of the enterprise program zone designated
 1423  under s. 290.209, the development goals of the enterprise
 1424  program zone, and direction for qualified businesses located in
 1425  the enterprise program zone.
 1426         (b) Conduct meetings of the board of directors at least
 1427  quarterly to evaluate applications for qualified businesses to
 1428  receive tax credits and other state incentives under s. 290.215.
 1429         (c) Administer an enterprise program zone assistance fund
 1430  to provide loans, loan guarantees, loan-loss reserves, and
 1431  investments for projects of qualified businesses located in the
 1432  enterprise program zone pursuant to s. 290.213.
 1433         (d) Conduct an open public forum at least quarterly during
 1434  which urban development projects and the use of enterprise
 1435  program zone assistance funds may be proposed and discussed.
 1436         (6)(a) By March 1 of each year, each zone development
 1437  corporation shall submit to the county or municipal clerk a
 1438  report of its activities for the previous fiscal year. The
 1439  report must include a complete financial statement setting forth
 1440  the corporation’s assets, liabilities, income, and operating
 1441  expenses as of the end of the fiscal year. When filing the
 1442  report, each zone development corporation shall publish a notice
 1443  in a newspaper of general circulation in the enterprise program
 1444  zone that such report was filed with the respective county or
 1445  municipal clerk and is available for inspection during business
 1446  hours at the offices of the zone development corporation.
 1447         (b) By February 15 of each year, each zone development
 1448  corporation shall submit a report of its activities to the
 1449  Governor, the President of the Senate, the Speaker of the House
 1450  of Representatives, and the authority.
 1451         (c) Each zone development corporation shall annually submit
 1452  a report to the authority accounting for the expenditure of
 1453  enterprise program zone assistance funds.
 1454         Section 25. Section 290.209, Florida Statutes, is created
 1455  to read:
 1456         290.209 Designation of enterprise program zones.—
 1457         (1) The authority shall, in each legacy enterprise zone and
 1458  federally designated empowerment zone in the state, establish an
 1459  enterprise program zone and designate the geographic boundary of
 1460  the zone.
 1461         (2) By October 1, 2012, each zone development corporation
 1462  shall submit to the authority:
 1463         (a) An economic report prepared by the corporation for the
 1464  respective enterprise program zone. The report must include
 1465  current census data and other economic indicators that identify
 1466  the most economically distressed areas in the legacy enterprise
 1467  zone or federally designated empowerment zone.
 1468         (b) The corporation’s written recommendations for the
 1469  initial boundary of the enterprise program zone based upon
 1470  findings of the economic report.
 1471         (3) Before establishing the initial boundary of an
 1472  enterprise program zone, the authority must consider:
 1473         (a) The zone development corporation’s economic report and
 1474  recommendations for the initial boundary.
 1475         (b) The historical boundary of the legacy enterprise zone
 1476  or federally designated empowerment zone.
 1477         (4) A zone development corporation may periodically apply
 1478  to the authority for amendment of the enterprise program zone’s
 1479  boundary. The application must be based on a revised economic
 1480  report and recommendations submitted to the authority in the
 1481  same manner as provided under paragraphs (2)(a) and (b) for the
 1482  initial boundary. Before amending the boundary, the authority
 1483  must consider the factors described in paragraphs (3)(a) and (b)
 1484  and the historical boundary of the enterprise program zone.
 1485         (5) The total area of an enterprise program zone may not
 1486  exceed 25 percent of the total area of the legacy enterprise
 1487  zone or federally designated empowerment zone.
 1488         Section 26. Section 290.211, Florida Statutes, is created
 1489  to read:
 1490         290.211 Qualified businesses.—
 1491         (1) Effective July 1, 2013, a business is qualified to
 1492  receive the state incentives provided under s. 290.215 if:
 1493         (a) The business is authorized to transact business in the
 1494  state.
 1495         (b) The business is actively engaged in the conduct of a
 1496  trade or business located in an enterprise program zone
 1497  designated under s. 290.209.
 1498         (c) The business is not an adult entertainment
 1499  establishment as defined in s. 847.001.
 1500         (d) At least 25 percent of the business’s full-time
 1501  employees:
 1502         1. Reside in the enterprise program zone;
 1503         2. Reside in the state and were totally unemployed as
 1504  defined in s. 443.036(44)(a) for at least 6 months before
 1505  employment by the business;
 1506         3. Were recipients of temporary cash assistance under s.
 1507  414.045 for at least 6 months before employment by the business;
 1508  or
 1509         4. Are low-income individuals as defined in the federal
 1510  Workforce Investment Act, 29 U.S.C. s. 2801.
 1511         (2) A qualified business must maintain its qualifications
 1512  under subsection (1) to continue to receive the state incentives
 1513  provided under s. 290.215. Upon ceasing to meet the
 1514  qualifications, a business may not receive additional
 1515  incentives.
 1516         Section 27. Section 290.213, Florida Statutes, is created
 1517  to read:
 1518         290.213 Enterprise program zone assistance funds.—
 1519         (1)(a) Effective July 1, 2013, and subject to legislative
 1520  appropriations, each zone development corporation shall
 1521  administer a separate assistance fund to provide loans, loan
 1522  guarantees, loan-loss reserves, and investments for projects of
 1523  qualified businesses located in the corporation’s enterprise
 1524  program zone.
 1525         (b) Each zone development corporation shall develop
 1526  criteria for the approval of projects in its enterprise program
 1527  zone relating to comprehensive urban planning, neighborhood
 1528  aesthetics and compatibility, and the maximization of economic
 1529  development and job creation opportunities.
 1530         (2)(a) To receive assistance for a project under this
 1531  section, a qualified business must apply to the zone development
 1532  corporation. The application shall be developed by the authority
 1533  in consultation with the department. The application must
 1534  demonstrate whether the business is a new business or an
 1535  expansion or rebuilding of an existing business located in the
 1536  enterprise program zone.
 1537         (b) The zone development corporation shall review and,
 1538  based upon the corporation’s criteria, evaluate each submitted
 1539  application and recommend approval or disapproval to the
 1540  authority.
 1541         (c) Upon receipt of an application and recommendation from
 1542  the zone development corporation, the authority shall review,
 1543  evaluate, and determine whether to approve or deny the
 1544  application. The authority shall notify the applicant, the zone
 1545  development corporation, and the department of each approved
 1546  application.
 1547         (d) If the authority denies an application, it shall notify
 1548  the applicant and the zone development corporation and describe
 1549  the reasons for denial. The authority has final approval
 1550  authority for projects under this section.
 1551         (3) A zone development corporation shall use any loan
 1552  repayments and collected interest to provide additional
 1553  assistance to qualified businesses for projects under this
 1554  section.
 1555         (4) Unexpended balances of an appropriation provided for
 1556  assistance to qualified businesses under this section do not
 1557  revert to the fund from which the appropriation was made at the
 1558  end of the fiscal year, but shall be retained in the Economic
 1559  Development Trust Fund and carried forward to provide additional
 1560  assistance to qualified businesses under this section during the
 1561  following fiscal year.
 1562         (5) A zone development corporation may collect an
 1563  administrative fee not exceed 10 percent of the assistance
 1564  provided to qualified businesses under this section.
 1565         Section 28. Section 290.215, Florida Statutes, is created
 1566  to read:
 1567         290.215 State incentives available for enterprise program
 1568  zones; tax increment financing.—
 1569         (1)Effective July 1, 2013, the following state incentives
 1570  are available for qualified businesses located in an enterprise
 1571  program zone:
 1572         (a) The enterprise program zone sales and use tax credits
 1573  provided under s. 212.0965.
 1574         (b) The enterprise program zone corporate income tax
 1575  credits provided under s. 220.183.
 1576         (c) Loans, loan guarantees, loan-loss reserves, and
 1577  investments provided for projects by enterprise program zone
 1578  assistance funds under s. 290.213.
 1579         (d) A credit against unemployment contributions provided
 1580  under s. 443.1217(2)(h).
 1581         (2) By June 1, 2013, the authority, in consultation with
 1582  the department and the Department of Revenue, shall determine
 1583  the tax floor for each enterprise program zone designated under
 1584  s. 290.209. As used in this section, the term “tax floor” means
 1585  the aggregate amount of sales and use tax collections from all
 1586  businesses in an enterprise program zone for the 2011-2012
 1587  fiscal year.
 1588         (3)(a) By June 1 of each year, the authority, in
 1589  consultation with the department and the Department of Revenue,
 1590  shall calculate the maximum aggregate amount of state incentives
 1591  described in paragraphs (1)(a)-(c) which are available for each
 1592  enterprise program zone for the following fiscal year. Such
 1593  maximum amount may not exceed the aggregate amount of the sales
 1594  and use tax collections from all businesses in the enterprise
 1595  program zone during the previous fiscal year which exceed the
 1596  tax floor established for the enterprise program zone pursuant
 1597  to subsection (2).
 1598         (b) Any portion of the maximum amount of state incentives
 1599  established per fiscal year which is not used by the end of a
 1600  fiscal year shall be carried forward and made available for use
 1601  during the following 2 fiscal years in addition to the amounts
 1602  available for use under paragraph (a) for those fiscal years.
 1603         (4)(a) The authority shall annually allocate legislative
 1604  appropriations among the zone development corporations for the
 1605  enterprise program zone assistance funds provided to projects of
 1606  qualified businesses under s. 290.213. The authority shall
 1607  certify annually to the State Treasurer amounts to be paid from
 1608  the Economic Development Trust Fund to support the approved
 1609  projects.
 1610         (b) The amount available for state incentives in the
 1611  enterprise program zone, including tax credits, loans, loan
 1612  guarantees, loan-loss reserves, and investments authorized in
 1613  paragraphs (1)(a)-(c), may not exceed the maximum aggregate
 1614  amount calculated for these incentives under paragraph (3)(a).
 1615         Section 29. Section 290.217, Florida Statutes, is created
 1616  to read:
 1617         290.217 Review of enterprise program zones.—
 1618         (1) By January 15, 2022, the Office of Program Policy
 1619  Analysis and Government Accountability shall submit a report to
 1620  the Governor, the President of the Senate, and the Speaker of
 1621  the House of Representatives of its findings and recommendations
 1622  on the Urban Job Creation Investment Act. The report shall
 1623  review and evaluate the effectiveness of each enterprise program
 1624  zone using the annual fiscal reports prepared by the authority
 1625  under s. 290.205(5). The report shall also evaluate whether the
 1626  state incentives provided to businesses in each enterprise
 1627  program zone caused or contributed to:
 1628         (a) New investment and development in the enterprise
 1629  program zone;
 1630         (b) An increase in the number of jobs created or retained
 1631  in the enterprise program zone;
 1632         (c) The renovation, rehabilitation, restoration,
 1633  improvement, or new construction of businesses or housing in the
 1634  enterprise program zone; or
 1635         (d) The economic viability and profitability of businesses
 1636  and commerce in the enterprise program zone.
 1637         (2) Before the 2022 Regular Session of the Legislature, the
 1638  appropriate committees of the Senate and House of
 1639  Representatives shall consider legislation to implement the
 1640  report’s recommendations.
 1641         Section 30. Section 290.219, Florida Statutes, is created
 1642  to read:
 1643         290.219 Expiration.—
 1644         (1) Sections 290.201-290.219 expire June 30, 2022.
 1645         (2) Effective June 30, 2022, each enterprise program zone
 1646  designated under s. 290.209 is abolished, and a qualified
 1647  business may not claim or receive a state incentive provided
 1648  under s. 290.213 or s. 290.215 after that date.
 1649         Section 31. Section 443.091, Florida Statutes, is amended
 1650  to read:
 1651         443.091 Benefit eligibility conditions.—
 1652         (1) An unemployed individual is eligible to receive
 1653  benefits for any week only if the Department of Economic
 1654  Opportunity finds that:
 1655         (a) She or he has made a claim for benefits for that week
 1656  in accordance with the rules adopted by the department.
 1657         (b) She or he has registered with the department for work
 1658  and subsequently reports to the one-stop career center as
 1659  directed by the regional workforce board for reemployment
 1660  services. This requirement does not apply to persons who are:
 1661         1. Non-Florida residents;
 1662         2. On a temporary layoff;
 1663         3. Union members who customarily obtain employment through
 1664  a union hiring hall; or
 1665         4. Claiming benefits under an approved short-time
 1666  compensation plan as provided in s. 443.1116.
 1667         (c) To make continued claims for benefits, she or he is
 1668  reporting to the department in accordance with this paragraph
 1669  and agency rules, and participating in an initial skills review
 1670  as directed by the agency. Agency rules may not conflict with s.
 1671  443.111(1)(b), which requires that each claimant continue to
 1672  report regardless of any pending appeal relating to her or his
 1673  eligibility or disqualification for benefits.
 1674         1. For each week of unemployment claimed, each report must,
 1675  at a minimum, include the name, address, and telephone number of
 1676  each prospective employer contacted, or the date the claimant
 1677  reported to a one-stop career center, pursuant to paragraph (d).
 1678         2. The administrator or operator of the initial skills
 1679  review shall notify the agency when the individual completes the
 1680  initial skills review and report the results of the review to
 1681  the regional workforce board or the one-stop career center as
 1682  directed by the workforce board. The workforce board shall use
 1683  the initial skills review to develop a plan for referring
 1684  individuals to training and employment opportunities. The
 1685  failure of the individual to comply with this requirement will
 1686  result in the individual being determined ineligible for
 1687  benefits for the week in which the noncompliance occurred and
 1688  for any subsequent week of unemployment until the requirement is
 1689  satisfied. However, this requirement does not apply if the
 1690  individual is able to affirmatively attest to being unable to
 1691  complete such review due to illiteracy or a language impediment.
 1692         (d) She or he is able to work and is available for work. In
 1693  order to assess eligibility for a claimed week of unemployment,
 1694  the department shall develop criteria to determine a claimant’s
 1695  ability to work and availability for work. A claimant must be
 1696  actively seeking work in order to be considered available for
 1697  work. This means engaging in systematic and sustained efforts to
 1698  find work, including contacting at least five prospective
 1699  employers for each week of unemployment claimed. The agency may
 1700  require the claimant to provide proof of such efforts to the
 1701  one-stop career center as part of reemployment services. The
 1702  agency shall conduct random reviews of work search information
 1703  provided by claimants. As an alternative to contacting at least
 1704  five prospective employers for any week of unemployment claimed,
 1705  a claimant may, for that same week, report in person to a one
 1706  stop career center to meet with a representative of the center
 1707  and access reemployment services of the center. The center shall
 1708  keep a record of the services or information provided to the
 1709  claimant and shall provide the records to the agency upon
 1710  request by the agency. However:
 1711         1. Notwithstanding any other provision of this paragraph or
 1712  paragraphs (b) and (e), an otherwise eligible individual may not
 1713  be denied benefits for any week because she or he is in training
 1714  with the approval of the department, or by reason of s.
 1715  443.101(2) relating to failure to apply for, or refusal to
 1716  accept, suitable work. Training may be approved by the
 1717  department in accordance with criteria prescribed by rule. A
 1718  claimant’s eligibility during approved training is contingent
 1719  upon satisfying eligibility conditions prescribed by rule.
 1720         2. Notwithstanding any other provision of this chapter, an
 1721  otherwise eligible individual who is in training approved under
 1722  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 1723  determined ineligible or disqualified for benefits due to
 1724  enrollment in such training or because of leaving work that is
 1725  not suitable employment to enter such training. As used in this
 1726  subparagraph, the term “suitable employment” means work of a
 1727  substantially equal or higher skill level than the worker’s past
 1728  adversely affected employment, as defined for purposes of the
 1729  Trade Act of 1974, as amended, the wages for which are at least
 1730  80 percent of the worker’s average weekly wage as determined for
 1731  purposes of the Trade Act of 1974, as amended.
 1732         3. Notwithstanding any other provision of this section, an
 1733  otherwise eligible individual may not be denied benefits for any
 1734  week because she or he is before any state or federal court
 1735  pursuant to a lawfully issued summons to appear for jury duty.
 1736         (e) She or he participates in reemployment services, such
 1737  as job search assistance services, whenever the individual has
 1738  been determined, by a profiling system established by the rules
 1739  of the department, to be likely to exhaust regular benefits and
 1740  to be in need of reemployment services.
 1741         (f) She or he has been unemployed for a waiting period of 1
 1742  week. A week may not be counted as a week of unemployment under
 1743  this subsection unless:
 1744         1. It occurs within the benefit year that includes the week
 1745  for which she or he claims payment of benefits.
 1746         2. Benefits have been paid for that week.
 1747         3. The individual was eligible for benefits for that week
 1748  as provided in this section and s. 443.101, except for the
 1749  requirements of this subsection and s. 443.101(5).
 1750         (g) She or he has been paid wages for insured work equal to
 1751  1.5 times her or his high quarter wages during her or his base
 1752  period, except that an unemployed individual is not eligible to
 1753  receive benefits if the base period wages are less than $3,400.
 1754         (h) She or he submitted to the department a valid social
 1755  security number assigned to her or him. The department may
 1756  verify the social security number with the United States Social
 1757  Security Administration and may deny benefits if the department
 1758  is unable to verify the individual’s social security number, the
 1759  social security number is invalid, or the social security number
 1760  is not assigned to the individual.
 1761         (i) She or he attends and is making satisfactory progress
 1762  toward completing a job training program as directed by the
 1763  department or a one-stop career center.
 1764         (2) An individual may not receive benefits in a benefit
 1765  year unless, after the beginning of the next preceding benefit
 1766  year during which she or he received benefits, she or he
 1767  performed service, regardless of whether in employment as
 1768  defined in s. 443.036, and earned remuneration for that service
 1769  of at least 3 times her or his weekly benefit amount as
 1770  determined for her or his current benefit year.
 1771         (3) Benefits based on service in employment described in s.
 1772  443.1216(2) and (3) are payable in the same amount, on the same
 1773  terms, and subject to the same conditions as benefits payable
 1774  based on other service subject to this chapter, except that:
 1775         (a) Benefits are not payable for services in an
 1776  instructional, research, or principal administrative capacity
 1777  for an educational institution or an institution of higher
 1778  education for any week of unemployment commencing during the
 1779  period between 2 successive academic years; during a similar
 1780  period between two regular terms, whether or not successive; or
 1781  during a period of paid sabbatical leave provided for in the
 1782  individual’s contract, to any individual, if the individual
 1783  performs those services in the first of those academic years or
 1784  terms and there is a contract or a reasonable assurance that the
 1785  individual will perform services in any such capacity for any
 1786  educational institution or institution of higher education in
 1787  the second of those academic years or terms.
 1788         (b) Benefits may not be based on services in any other
 1789  capacity for an educational institution or an institution of
 1790  higher education to any individual for any week that commences
 1791  during a period between 2 successive academic years or terms if
 1792  the individual performs those services in the first of the
 1793  academic years or terms and there is a reasonable assurance that
 1794  the individual will perform those services in the second of the
 1795  academic years or terms. However, if compensation is denied to
 1796  any individual under this paragraph and the individual was not
 1797  offered an opportunity to perform those services for the
 1798  educational institution for the second of those academic years
 1799  or terms, that individual is entitled to a retroactive payment
 1800  of compensation for each week for which the individual filed a
 1801  timely claim for compensation and for which compensation was
 1802  denied solely by reason of this paragraph.
 1803         (c) Benefits are not payable based on services provided to
 1804  an educational institution or institution of higher learning to
 1805  any individual for any week that commences during an established
 1806  and customary vacation period or holiday recess if the
 1807  individual performs any services described in paragraph (a) or
 1808  paragraph (b) in the period immediately before the vacation
 1809  period or holiday recess and there is a reasonable assurance
 1810  that the individual will perform any service in the period
 1811  immediately after the vacation period or holiday recess.
 1812         (d) Benefits are not payable for services in any capacity
 1813  specified in paragraphs (a), (b), and (c) to any individual who
 1814  performed those services in an educational institution while in
 1815  the employ of a governmental agency or governmental entity that
 1816  is established and operated exclusively for the purpose of
 1817  providing those services to one or more educational
 1818  institutions.
 1819         (e) Benefits are not payable for services in any capacity
 1820  specified in paragraphs (a), (b), (c), and (d) to any individual
 1821  who provided those services to or on behalf of an educational
 1822  institution, or an institution of higher education.
 1823         (f) As used in this subsection, the term:
 1824         1. “Fixed contract” means a written agreement of employment
 1825  for a specified period of time.
 1826         2. “Continuing contract” means a written agreement that is
 1827  automatically renewed until terminated by one of the parties to
 1828  the contract.
 1829         (4) In the event of national emergency, in the course of
 1830  which the Federal Emergency Unemployment Payment Plan is, at the
 1831  request of the Governor, invoked for all or any part of the
 1832  state, the emergency plan shall supersede the procedures
 1833  prescribed by this chapter, and by rules adopted under this
 1834  chapter, and the department shall act as the Florida agency for
 1835  the United States Department of Labor in the administration of
 1836  the plan.
 1837         (5) Benefits are not payable to any individual based on
 1838  service 90 percent or more of which consists of participating in
 1839  sports or athletic events or training, or preparing to
 1840  participate, for any week that commences during the period
 1841  between two successive sport seasons, or similar periods, if the
 1842  individual performed the service in the first of those seasons,
 1843  or similar periods, and there is a reasonable assurance that the
 1844  individual will perform those services in the later of those
 1845  seasons, or similar periods.
 1846         Section 32. Paragraph (h) is added to subsection (2) of
 1847  section 443.1217, Florida Statutes, to read:
 1848         443.1217 Wages.—
 1849         (2) For the purpose of determining an employer’s
 1850  contributions, the following wages are exempt from this chapter:
 1851         (h) Beginning July 1, 2013, remuneration paid by a
 1852  qualified business as defined in s. 290.203 to an individual who
 1853  earns less than $4,500 during the calendar quarter.
 1854         Section 33. Subsection (2) of section 476.188, Florida
 1855  Statutes, is amended to read:
 1856         476.188 Barber services to be performed in registered
 1857  barbershop; exception.—
 1858         (2) Pursuant to rules established by the board, barber
 1859  services may be performed by a licensed barber in a location
 1860  other than a registered barbershop, including, but not limited
 1861  to, a nursing home, hospital, place of employment, or residence,
 1862  when a client for reasons of ill health is unable to go to a
 1863  registered barbershop. Arrangements for the performance of
 1864  barber services in a location other than a registered barbershop
 1865  shall be made only through a registered barbershop.
 1866         Section 34. Subsection (7) is added to section 477.0135,
 1867  Florida Statutes, to read:
 1868         477.0135 Exemptions.—
 1869         (7) A license is not required of any person providing
 1870  makeup services to the general public.
 1871         Section 35. Subsection (6) of section 477.019, Florida
 1872  Statutes, is amended to read:
 1873         477.019 Cosmetologists; qualifications; licensure;
 1874  supervised practice; license renewal; endorsement; continuing
 1875  education.—
 1876         (6) The board shall adopt rules specifying procedures for
 1877  the licensure by endorsement of practitioners desiring to be
 1878  licensed in this state who hold a current active license in
 1879  another state and who have met qualifications substantially
 1880  similar to, equivalent to, or greater than the qualifications
 1881  required of applicants from this state. Such rules may allow
 1882  work experience to be substituted for educational hours in the
 1883  amount and manner provided by the rules.
 1884         Section 36. Subsection (4) is added to section 477.0263,
 1885  Florida Statutes, to read:
 1886         477.0263 Cosmetology services to be performed in licensed
 1887  salon; exception.—
 1888         (4) Pursuant to rules adopted by the board, cosmetology
 1889  services, including specialty services, may be performed in a
 1890  location other than in a licensed salon if the services are
 1891  performed in connection with a special event and the services
 1892  are performed by a person who is employed by a licensed salon
 1893  and holds the proper license or specialty registration. An
 1894  appointment for the performance of such services must be made
 1895  through the licensed salon.
 1896         Section 37. Section 489.118, Florida Statutes, is amended
 1897  to read:
 1898         489.118 Certification of registered contractors;
 1899  grandfathering provisions.—The board shall, upon receipt of a
 1900  completed application and appropriate fee, issue a certificate
 1901  in the appropriate category to any contractor registered under
 1902  this part who makes application to the board and can show that
 1903  he or she meets each of the following requirements:
 1904         (1) Currently holds a valid registered local license in one
 1905  of the contractor categories defined in s. 489.105(3)(a)-(p).
 1906         (2) Has, for that category, passed a written examination
 1907  that the board finds to be substantially similar to the
 1908  examination required to be licensed as a certified contractor
 1909  under this part. For purposes of this subsection, a written,
 1910  proctored examination such as that produced by the National
 1911  Assessment Institute, Block and Associates, NAI/Block, Experior
 1912  Assessments, Professional Testing, Inc., or Assessment Systems,
 1913  Inc., shall be considered to be substantially similar to the
 1914  examination required to be licensed as a certified contractor.
 1915  The board may not impose or make any requirements regarding the
 1916  nature or content of these cited examinations.
 1917         (3) Has at least 5 years of experience as a contractor in
 1918  that contracting category, or as an inspector or building
 1919  administrator with oversight over that category, at the time of
 1920  application. For contractors, only time periods in which the
 1921  contractor license is active and the contractor is not on
 1922  probation shall count toward the 5 years required by this
 1923  subsection.
 1924         (4) Has not had his or her contractor’s license revoked at
 1925  any time, had his or her contractor’s license suspended within
 1926  the last 5 years, or been assessed a fine in excess of $500
 1927  within the last 5 years.
 1928         (5) Is in compliance with the insurance and financial
 1929  responsibility requirements in s. 489.115(5).
 1930  
 1931  Applicants wishing to obtain a certificate pursuant to this
 1932  section must make application by November 1, 2014 2005.
 1933         Section 38. Section 624.5107, Florida Statutes, is amended
 1934  to read:
 1935         624.5107 Child care tax credits; definitions;
 1936  authorization; limitations; eligibility and application
 1937  requirements; administration; expiration.—
 1938         (1)DEFINITIONS.—As used in this section:
 1939         (a)“Child care facility startup costs” means expenditures
 1940  for substantial renovation, equipment, including playground
 1941  equipment and kitchen appliances and cooking equipment, real
 1942  property, including land and improvements, and for reduction of
 1943  debt, made in connection with the establishment of a child care
 1944  facility as defined by s. 402.302, or any facility providing
 1945  daily care to children who are mildly ill, which is located in
 1946  this state on the insurer’s premises and used by the employees
 1947  of the insurer.
 1948         (b)“Operation of a child care facility” means operation of
 1949  a child care facility as defined by s. 402.302, or any facility
 1950  providing daily care to children who are mildly ill, which is
 1951  located in this state within 5 miles of at least one place of
 1952  business of the insurer and which is used by the employees of
 1953  the insurer.
 1954         (c)“Department” means the Department of Revenue.
 1955         (d)“Executive director” means the executive director of
 1956  the Department of Revenue.
 1957         (2)AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
 1958         (a)1.A credit of 50 percent of the startup costs of child
 1959  care facilities operated by an insurer for its employees is
 1960  allowed against any tax due for a taxable year under s. 624.509
 1961  or s. 624.510. A credit against such tax is also allowed for the
 1962  operation of a child care facility by an insurer for its
 1963  employees, which credit is in the amount of $50 per month for
 1964  each child enrolled in the facility.
 1965         2.A credit is allowed against any tax due for a taxable
 1966  year under s. 624.509 or s. 624.510 for any insurer that makes
 1967  payments directly to a child care facility as defined by s.
 1968  402.302 which is licensed in accordance with s. 402.305, or to
 1969  any facility providing daily care to children who are mildly
 1970  ill, which payments are made in the name of and for the benefit
 1971  of an employee of the insurer in this state whose child attends
 1972  the child care facility during the employee’s working hours. The
 1973  credit shall be an amount equal to 50 percent of the amount of
 1974  such child care payments.
 1975         (b)An insurer may not receive more than $50,000 in annual
 1976  tax credits for all approved child care costs that the insurer
 1977  incurs in any one year.
 1978         (c)The total amount of tax credits which may be granted
 1979  for all programs approved under this section and s. 220.19 is $2
 1980  million annually.
 1981         (d)An application for tax credit under this section must
 1982  be approved by the executive director.
 1983         (e)(1) If the credit granted under this section is not
 1984  fully used in any one year because of insufficient tax liability
 1985  on the part of the insurer, the unused amount may be carried
 1986  forward for a period not to exceed 5 years. The carryover credit
 1987  may be used in a subsequent year when the tax imposed by s.
 1988  624.509 or s. 624.510 for that year exceeds the credit for which
 1989  the insurer is eligible in that year under this section.
 1990         (f)(2) If an insurer receives a credit for child care
 1991  facility startup costs, and the facility fails to operate for at
 1992  least 5 years, a pro rata share of the credit must be repaid, in
 1993  accordance with the formula: A = C x (1 - (N/60)), where:
 1994         1.(a) “A” is the amount in dollars of the required
 1995  repayment.
 1996         2.(b) “C” is the total credits taken by the insurer for
 1997  child care facility startup costs.
 1998         3.(c) “N” is the number of months the facility was in
 1999  operation.
 2000  
 2001  This repayment requirement is inapplicable if the insurer goes
 2002  out of business or can demonstrate to the department that its
 2003  employees no longer want to have a child care facility.
 2004         (3)ELIGIBILITY REQUIREMENTS.—
 2005         (a)A child care facility with respect to which an insurer
 2006  claims a child care tax credit must be a child care facility as
 2007  defined by s. 402.302 and must be licensed in accordance with s.
 2008  402.305, or must be a facility providing daily care to children
 2009  who are mildly ill.
 2010         (b)The services of a child care facility for which an
 2011  insurer claims a child care tax credit under subparagraph
 2012  (2)(a)1. must be available to all employees of the insurer or
 2013  must be allocated on a first-come, first-served basis, and must
 2014  be used by employees of the insurer.
 2015         (c)Child care payments for which an insurer claims a
 2016  credit under subparagraph (2)(a)2. may not exceed the amount
 2017  charged by the child care facility to other children of like age
 2018  and abilities of persons not employed by the insurer.
 2019         (4)APPLICATION REQUIREMENTS.—Any insurer that wishes to
 2020  participate in this program must submit to the department an
 2021  application for tax credit which sets forth the proposal for
 2022  establishing a child care facility for the use of its employees
 2023  or for payment of the cost of child care for its employees. This
 2024  application must state the anticipated startup costs and the
 2025  number of children to be enrolled, in the case of credit claimed
 2026  under subparagraph (2)(a)1., or the number of children for whom
 2027  child care costs will be paid, in the case of credit claimed
 2028  under subparagraph (2)(a)2.
 2029         (5)ADMINISTRATION.—
 2030         (a)The Department of Revenue may adopt rules to administer
 2031  this section, including rules for the approval or disapproval of
 2032  proposals submitted by insurers and rules to provide for
 2033  cooperative arrangements between for-profit and not-for-profit
 2034  entities.
 2035         (b)The executive director’s decision to approve or
 2036  disapprove a proposal must be in writing, and, if the proposal
 2037  is approved, the decision must state the maximum credit
 2038  allowable to the insurer.
 2039         (c)All approvals for the granting of the tax credit
 2040  require prior verification by the Department of Children and
 2041  Family Services or local licensing agency that the insurer meets
 2042  the licensure requirements as defined in s. 402.302 and is
 2043  currently licensed in accordance with s. 402.305, or is a
 2044  facility providing daily care to children who are mildly ill.
 2045         (d)Verification of the child care provider as an approved
 2046  facility must be in writing and must be attached to the credit
 2047  application form submitted to the Department of Revenue.
 2048         (6)EXPIRATION.—This section expires June 30, 2017, except
 2049  that paragraph (2)(e), which relates to carryover credits, and
 2050  paragraph (2)(f), which relates to repaying tax credits in
 2051  specified circumstances, do not expire on that date.
 2052         Section 39. Subsection (2) of section 718.5011, Florida
 2053  Statutes, is amended to read:
 2054         718.5011 Ombudsman; appointment; administration.—
 2055         (2) The Governor shall appoint the ombudsman. The ombudsman
 2056  must be an attorney admitted to practice before the Florida
 2057  Supreme Court and shall serve at the pleasure of the Governor. A
 2058  vacancy in the office shall be filled in the same manner as the
 2059  original appointment. An officer or full-time employee of the
 2060  ombudsman’s office may not actively engage in any other business
 2061  or profession that directly or indirectly relates to his or her
 2062  work in the ombudsman’s office; serve as the representative of
 2063  any political party, executive committee, or other governing
 2064  body of a political party; serve as an executive, officer, or
 2065  employee of a political party; receive remuneration for
 2066  activities on behalf of any candidate for public office; or
 2067  engage in soliciting votes or other activities on behalf of a
 2068  candidate for public office. The ombudsman or any employee of
 2069  his or her office may not become a candidate for election to
 2070  public office unless he or she first resigns from his or her
 2071  office or employment.
 2072         Section 40. Sales tax credit for job creation.—
 2073         (1) For the purposes of the credit provided in this
 2074  section:
 2075         (a) “Eligible business” means any lawful business located
 2076  in this state. The business must demonstrate to the Department
 2077  of Revenue that, on the date of application, the total number of
 2078  full-time jobs defined under paragraph (d) is greater than the
 2079  total number of jobs was 12 months before that date.
 2080         (b) “Month” means a calendar month or the time period from
 2081  any day of any month to the corresponding day of the next
 2082  succeeding month or, if there is no corresponding day in the
 2083  next succeeding month, the last day of the succeeding month.
 2084         (c) “New employee” means a person residing in this state
 2085  who begins employment with an eligible business after July 1,
 2086  2012, and was not previously employed full time within the
 2087  preceding 12 months by the eligible business, or a successor
 2088  eligible business, claiming the credit allowed by this section.
 2089         (d) “Job” means a full-time position, as consistent with
 2090  terms used by the Agency for Workforce Innovation and the United
 2091  States Department of Labor for purposes of unemployment
 2092  compensation tax administration and employment estimation
 2093  resulting directly from a business operation in this state. This
 2094  term does not include a temporary construction job involved with
 2095  the construction of facilities. The term also includes
 2096  employment of an employee leased from an employee leasing
 2097  company licensed under chapter 468, Florida Statutes, if such
 2098  employee has been continuously leased to the employer for an
 2099  average of at least 36 hours per week for more than 6 months.
 2100         (e) “New job has been created” means that, on the date of
 2101  application, the total number of full-time jobs is greater than
 2102  the total number of jobs was 12 months before that date, as
 2103  demonstrated to the department by a business located in the
 2104  enterprise zone.
 2105  
 2106  A person shall be deemed to be employed if the person performs
 2107  duties in connection with the operations of the business on a
 2108  regular, full-time basis if the person is performing such duties
 2109  for an average of at least 36 hours per week each month. The
 2110  person must be performing such duties at a business site located
 2111  in the enterprise zone.
 2112         (2)(a) Upon an affirmative showing by an eligible business
 2113  to the satisfaction of the department that the requirements of
 2114  this section have been met, the business shall be allowed a
 2115  credit against the tax remitted under chapter 212, Florida
 2116  Statutes.
 2117         (b) The credit shall be computed as 20 percent of the
 2118  actual monthly wages paid in this state to each new employee
 2119  hired when a new job has been created. For purposes of this
 2120  paragraph, monthly wages shall be computed as one-twelfth of the
 2121  expected annual wages paid to such employee. The amount paid as
 2122  wages to a new employee is the compensation paid to such
 2123  employee who is subject to unemployment tax. The credit shall be
 2124  allowed for up to 24 consecutive months, beginning with the
 2125  first tax return due pursuant to s. 212.11, Florida Statutes,
 2126  after approval by the department.
 2127         (3) In order to claim this credit, an eligible business
 2128  must file under oath with the Department of Revenue a statement
 2129  that includes:
 2130         (a) For each new employee for whom this credit is claimed,
 2131  the employee’s name and place of residence.
 2132         (b) The name and address of the eligible business.
 2133         (c) The starting salary or hourly wages paid to the new
 2134  employee.
 2135         (d) Demonstration to the department that, on the date of
 2136  application, the total number of full-time jobs defined under
 2137  paragraph (1)(d) is greater than the total number of jobs was 12
 2138  months before that date.
 2139         (e) Within 15 working days after receipt of an application,
 2140  the Department of Revenue shall review the application to
 2141  determine if it contains all the information required pursuant
 2142  to this subsection and meets the criteria set out in this
 2143  section.
 2144         (f) All applications for a credit pursuant to this section
 2145  must be submitted to the Department of Revenue within 6 months
 2146  after the date that the new employee is hired, except
 2147  applications for credit for leased employees. Applications for
 2148  credit for leased employees must be submitted to the department
 2149  within 7 months after the date that the employee is leased.
 2150         (4) Within 10 working days after receipt of a completed
 2151  application for a credit authorized in this section, the
 2152  Department of Revenue shall inform the business that the
 2153  application has been approved. The credit may be taken on the
 2154  first return due after receipt of approval from the Department
 2155  of Revenue.
 2156         (5) If the application is incomplete or insufficient to
 2157  support the credit authorized in this section, the Department of
 2158  Revenue shall deny the credit and notify the business of that
 2159  fact. The business may reapply for this credit.
 2160         (6) The credit provided in this section does not apply:
 2161         (a) For any new employee who is an owner, partner, or
 2162  majority stockholder of an eligible business.
 2163         (b) For any new employee who is employed for any period
 2164  less than 3 months.
 2165         (7) The credit provided in this section is not allowed for
 2166  any month in which the tax due for such period or the tax return
 2167  required pursuant to s. 212.11, Florida Statutes, for such
 2168  period is delinquent.
 2169         (8) If an eligible business has a credit larger than the
 2170  amount owed the state on the tax return for the time period in
 2171  which the credit is claimed, the amount of the credit for that
 2172  time period shall be the amount owed the state on that tax
 2173  return.
 2174         (9) A business has the responsibility to affirmatively
 2175  demonstrate to the satisfaction of the department that it meets
 2176  the requirements of this section.
 2177         (10) Any person who fraudulently claims this credit is
 2178  liable for repayment of the credit plus a mandatory penalty of
 2179  100 percent of the credit plus interest at the rate provided in
 2180  chapter 212, Florida Statutes, and such person commits a
 2181  misdemeanor of the second degree, punishable as provided in s.
 2182  775.082 or s. 775.083, Florida Statutes.
 2183         (11) This section, except for subsection (10), expires June
 2184  30, 2017.
 2185         Section 41. For the purpose of incorporating the amendment
 2186  made by this act to section 290.016, Florida Statutes, in a
 2187  reference thereto, paragraph (c) of subsection (8) of section
 2188  166.231, Florida Statutes, is reenacted to read:
 2189         166.231 Municipalities; public service tax.—
 2190         (8)
 2191         (c) This subsection expires on the date specified in s.
 2192  290.016 for the expiration of the Florida Enterprise Zone Act,
 2193  except that any qualified business that has satisfied the
 2194  requirements of this subsection before that date shall be
 2195  allowed the full benefit of the exemption allowed under this
 2196  subsection as if this subsection had not expired on that date.
 2197         Section 42. For the purpose of incorporating the amendment
 2198  made by this act to section 290.016, Florida Statutes, in a
 2199  reference thereto, subsection (4) of section 193.077, Florida
 2200  Statutes, is reenacted to read:
 2201         193.077 Notice of new, rebuilt, or expanded property.—
 2202         (4) This section expires on the date specified in s.
 2203  290.016 for the expiration of the Florida Enterprise Zone Act.
 2204         Section 43. For the purpose of incorporating the amendment
 2205  made by this act to section 290.016, Florida Statutes, in a
 2206  reference thereto, paragraph (b) of subsection (5) of section
 2207  193.085, Florida Statutes, is reenacted to read:
 2208         193.085 Listing all property.—
 2209         (5)
 2210         (b) This subsection expires on the date specified in s.
 2211  290.016 for the expiration of the Florida Enterprise Zone Act.
 2212         Section 44. For the purpose of incorporating the amendment
 2213  made by this act to section 290.016, Florida Statutes, in a
 2214  reference thereto, paragraph (b) of subsection (4) of section
 2215  195.073, Florida Statutes, is reenacted to read:
 2216         195.073 Classification of property.—All items required by
 2217  law to be on the assessment rolls must receive a classification
 2218  based upon the use of the property. The department shall
 2219  promulgate uniform definitions for all classifications. The
 2220  department may designate other subclassifications of property.
 2221  No assessment roll may be approved by the department which does
 2222  not show proper classifications.
 2223         (4)
 2224         (b) This subsection expires on the date specified in s.
 2225  290.016 for the expiration of the Florida Enterprise Zone Act.
 2226         Section 45. For the purpose of incorporating the amendment
 2227  made by this act to section 290.016, Florida Statutes, in a
 2228  reference thereto, paragraph (b) of subsection (1) of section
 2229  195.099, Florida Statutes, is reenacted to read:
 2230         195.099 Periodic review.—
 2231         (1)
 2232         (b) This subsection shall expire on the date specified in
 2233  s. 290.016 for the expiration of the Florida Enterprise Zone
 2234  Act.
 2235         Section 46. For the purpose of incorporating the amendment
 2236  made by this act to section 290.016, Florida Statutes, in a
 2237  reference thereto, subsection (19) of section 196.012, Florida
 2238  Statutes, is reenacted to read:
 2239         196.012 Definitions.—For the purpose of this chapter, the
 2240  following terms are defined as follows, except where the context
 2241  clearly indicates otherwise:
 2242         (19) “Enterprise zone” means an area designated as an
 2243  enterprise zone pursuant to s. 290.0065. This subsection expires
 2244  on the date specified in s. 290.016 for the expiration of the
 2245  Florida Enterprise Zone Act.
 2246         Section 47. For the purpose of incorporating the amendment
 2247  made by this act to section 290.016, Florida Statutes, in a
 2248  reference thereto, subsection (4) of section 205.022, Florida
 2249  Statutes, is reenacted to read:
 2250         205.022 Definitions.—When used in this chapter, the
 2251  following terms and phrases shall have the meanings ascribed to
 2252  them in this section, except when the context clearly indicates
 2253  a different meaning:
 2254         (4) “Enterprise zone” means an area designated as an
 2255  enterprise zone pursuant to s. 290.0065. This subsection expires
 2256  on the date specified in s. 290.016 for the expiration of the
 2257  Florida Enterprise Zone Act.
 2258         Section 48. For the purpose of incorporating the amendment
 2259  made by this act to section 290.016, Florida Statutes, in a
 2260  reference thereto, subsection (6) of section 205.054, Florida
 2261  Statutes, is reenacted to read:
 2262         205.054 Business tax; partial exemption for engaging in
 2263  business or occupation in enterprise zone.—
 2264         (6) This section expires on the date specified in s.
 2265  290.016 for the expiration of the Florida Enterprise Zone Act;
 2266  and a receipt may not be issued with the exemption authorized in
 2267  this section for any period beginning on or after that date.
 2268         Section 49. For the purpose of incorporating the amendment
 2269  made by this act to section 290.016, Florida Statutes, in a
 2270  reference thereto, subsection (6) of section 212.02, Florida
 2271  Statutes, is reenacted to read:
 2272         212.02 Definitions.—The following terms and phrases when
 2273  used in this chapter have the meanings ascribed to them in this
 2274  section, except where the context clearly indicates a different
 2275  meaning:
 2276         (6) “Enterprise zone” means an area of the state designated
 2277  pursuant to s. 290.0065. This subsection expires on the date
 2278  specified in s. 290.016 for the expiration of the Florida
 2279  Enterprise Zone Act.
 2280         Section 50. For the purpose of incorporating the amendment
 2281  made by this act to section 290.016, Florida Statutes, in a
 2282  reference thereto, paragraph (g) of subsection (5) of section
 2283  212.08, Florida Statutes, is reenacted to read:
 2284         212.08 Sales, rental, use, consumption, distribution, and
 2285  storage tax; specified exemptions.—The sale at retail, the
 2286  rental, the use, the consumption, the distribution, and the
 2287  storage to be used or consumed in this state of the following
 2288  are hereby specifically exempt from the tax imposed by this
 2289  chapter.
 2290         (5) EXEMPTIONS; ACCOUNT OF USE.—
 2291         (g) Building materials used in the rehabilitation of real
 2292  property located in an enterprise zone.—
 2293         1. Building materials used in the rehabilitation of real
 2294  property located in an enterprise zone are exempt from the tax
 2295  imposed by this chapter upon an affirmative showing to the
 2296  satisfaction of the department that the items have been used for
 2297  the rehabilitation of real property located in an enterprise
 2298  zone. Except as provided in subparagraph 2., this exemption
 2299  inures to the owner, lessee, or lessor at the time the real
 2300  property is rehabilitated, but only through a refund of
 2301  previously paid taxes. To receive a refund pursuant to this
 2302  paragraph, the owner, lessee, or lessor of the rehabilitated
 2303  real property must file an application under oath with the
 2304  governing body or enterprise zone development agency having
 2305  jurisdiction over the enterprise zone where the business is
 2306  located, as applicable. A single application for a refund may be
 2307  submitted for multiple, contiguous parcels that were part of a
 2308  single parcel that was divided as part of the rehabilitation of
 2309  the property. All other requirements of this paragraph apply to
 2310  each parcel on an individual basis. The application must
 2311  include:
 2312         a. The name and address of the person claiming the refund.
 2313         b. An address and assessment roll parcel number of the
 2314  rehabilitated real property for which a refund of previously
 2315  paid taxes is being sought.
 2316         c. A description of the improvements made to accomplish the
 2317  rehabilitation of the real property.
 2318         d. A copy of a valid building permit issued by the county
 2319  or municipal building department for the rehabilitation of the
 2320  real property.
 2321         e. A sworn statement, under penalty of perjury, from the
 2322  general contractor licensed in this state with whom the
 2323  applicant contracted to make the improvements necessary to
 2324  rehabilitate the real property, which lists the building
 2325  materials used to rehabilitate the real property, the actual
 2326  cost of the building materials, and the amount of sales tax paid
 2327  in this state on the building materials. If a general contractor
 2328  was not used, the applicant, not a general contractor, shall
 2329  make the sworn statement required by this sub-subparagraph.
 2330  Copies of the invoices that evidence the purchase of the
 2331  building materials used in the rehabilitation and the payment of
 2332  sales tax on the building materials must be attached to the
 2333  sworn statement provided by the general contractor or by the
 2334  applicant. Unless the actual cost of building materials used in
 2335  the rehabilitation of real property and the payment of sales
 2336  taxes is documented by a general contractor or by the applicant
 2337  in this manner, the cost of the building materials is deemed to
 2338  be an amount equal to 40 percent of the increase in assessed
 2339  value for ad valorem tax purposes.
 2340         f. The identifying number assigned pursuant to s. 290.0065
 2341  to the enterprise zone in which the rehabilitated real property
 2342  is located.
 2343         g. A certification by the local building code inspector
 2344  that the improvements necessary to rehabilitate the real
 2345  property are substantially completed.
 2346         h. A statement of whether the business is a small business
 2347  as defined by s. 288.703.
 2348         i. If applicable, the name and address of each permanent
 2349  employee of the business, including, for each employee who is a
 2350  resident of an enterprise zone, the identifying number assigned
 2351  pursuant to s. 290.0065 to the enterprise zone in which the
 2352  employee resides.
 2353         2. This exemption inures to a municipality, county, other
 2354  governmental unit or agency, or nonprofit community-based
 2355  organization through a refund of previously paid taxes if the
 2356  building materials used in the rehabilitation are paid for from
 2357  the funds of a community development block grant, State Housing
 2358  Initiatives Partnership Program, or similar grant or loan
 2359  program. To receive a refund, a municipality, county, other
 2360  governmental unit or agency, or nonprofit community-based
 2361  organization must file an application that includes the same
 2362  information required in subparagraph 1. In addition, the
 2363  application must include a sworn statement signed by the chief
 2364  executive officer of the municipality, county, other
 2365  governmental unit or agency, or nonprofit community-based
 2366  organization seeking a refund which states that the building
 2367  materials for which a refund is sought were funded by a
 2368  community development block grant, State Housing Initiatives
 2369  Partnership Program, or similar grant or loan program.
 2370         3. Within 10 working days after receipt of an application,
 2371  the governing body or enterprise zone development agency shall
 2372  review the application to determine if it contains all the
 2373  information required by subparagraph 1. or subparagraph 2. and
 2374  meets the criteria set out in this paragraph. The governing body
 2375  or agency shall certify all applications that contain the
 2376  required information and are eligible to receive a refund. If
 2377  applicable, the governing body or agency shall also certify if
 2378  20 percent of the employees of the business are residents of an
 2379  enterprise zone, excluding temporary and part-time employees.
 2380  The certification must be in writing, and a copy of the
 2381  certification shall be transmitted to the executive director of
 2382  the department. The applicant is responsible for forwarding a
 2383  certified application to the department within the time
 2384  specified in subparagraph 4.
 2385         4. An application for a refund must be submitted to the
 2386  department within 6 months after the rehabilitation of the
 2387  property is deemed to be substantially completed by the local
 2388  building code inspector or by November 1 after the rehabilitated
 2389  property is first subject to assessment.
 2390         5. Only one exemption through a refund of previously paid
 2391  taxes for the rehabilitation of real property is permitted for
 2392  any single parcel of property unless there is a change in
 2393  ownership, a new lessor, or a new lessee of the real property. A
 2394  refund may not be granted unless the amount to be refunded
 2395  exceeds $500. A refund may not exceed the lesser of 97 percent
 2396  of the Florida sales or use tax paid on the cost of the building
 2397  materials used in the rehabilitation of the real property as
 2398  determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
 2399  at least 20 percent of the employees of the business are
 2400  residents of an enterprise zone, excluding temporary and part
 2401  time employees, the amount of refund may not exceed the lesser
 2402  of 97 percent of the sales tax paid on the cost of the building
 2403  materials or $10,000. A refund shall be made within 30 days
 2404  after formal approval by the department of the application for
 2405  the refund.
 2406         6. The department shall adopt rules governing the manner
 2407  and form of refund applications and may establish guidelines as
 2408  to the requisites for an affirmative showing of qualification
 2409  for exemption under this paragraph.
 2410         7. The department shall deduct an amount equal to 10
 2411  percent of each refund granted under this paragraph from the
 2412  amount transferred into the Local Government Half-cent Sales Tax
 2413  Clearing Trust Fund pursuant to s. 212.20 for the county area in
 2414  which the rehabilitated real property is located and shall
 2415  transfer that amount to the General Revenue Fund.
 2416         8. For the purposes of the exemption provided in this
 2417  paragraph, the term:
 2418         a. “Building materials” means tangible personal property
 2419  that becomes a component part of improvements to real property.
 2420         b. “Real property” has the same meaning as provided in s.
 2421  192.001(12), except that the term does not include a condominium
 2422  parcel or condominium property as defined in s. 718.103.
 2423         c. “Rehabilitation of real property” means the
 2424  reconstruction, renovation, restoration, rehabilitation,
 2425  construction, or expansion of improvements to real property.
 2426         d. “Substantially completed” has the same meaning as
 2427  provided in s. 192.042(1).
 2428         9. This paragraph expires on the date specified in s.
 2429  290.016 for the expiration of the Florida Enterprise Zone Act.
 2430         Section 51. For the purpose of incorporating the amendment
 2431  made by this act to section 290.016, Florida Statutes, in a
 2432  reference thereto, subsection (12) of section 212.096, Florida
 2433  Statutes, is reenacted to read:
 2434         212.096 Sales, rental, storage, use tax; enterprise zone
 2435  jobs credit against sales tax.—
 2436         (12) This section, except for subsection (11), expires on
 2437  the date specified in s. 290.016 for the expiration of the
 2438  Florida Enterprise Zone Act.
 2439         Section 52. For the purpose of incorporating the amendment
 2440  made by this act to section 290.016, Florida Statutes, in
 2441  references thereto, paragraph (c) of subsection (6) and
 2442  paragraph (c) of subsection (7) of section 220.02, Florida
 2443  Statutes, are reenacted to read:
 2444         220.02 Legislative intent.—
 2445         (6)
 2446         (c) This subsection expires on the date specified in s.
 2447  290.016 for the expiration of the Florida Enterprise Zone Act.
 2448         (7)
 2449         (c) This subsection expires on the date specified in s.
 2450  290.016 for the expiration of the Florida Enterprise Zone Act.
 2451         Section 53. For the purpose of incorporating the amendment
 2452  made by this act to section 290.016, Florida Statutes, in
 2453  references thereto, subsection (1) of section 220.03, Florida
 2454  Statutes, is reenacted to read:
 2455         220.03 Definitions.—
 2456         (1) SPECIFIC TERMS.—When used in this code, and when not
 2457  otherwise distinctly expressed or manifestly incompatible with
 2458  the intent thereof, the following terms shall have the following
 2459  meanings:
 2460         (a) “Ad valorem taxes paid” means 96 percent of property
 2461  taxes levied for operating purposes and does not include
 2462  interest, penalties, or discounts foregone. In addition, the
 2463  term “ad valorem taxes paid,” for purposes of the credit in s.
 2464  220.182, means the ad valorem tax paid on new or additional real
 2465  or personal property acquired to establish a new business or
 2466  facilitate a business expansion, including pollution and waste
 2467  control facilities, or any part thereof, and including one or
 2468  more buildings or other structures, machinery, fixtures, and
 2469  equipment. This paragraph expires on the date specified in s.
 2470  290.016 for the expiration of the Florida Enterprise Zone Act.
 2471         (b) “Affiliated group of corporations” means two or more
 2472  corporations which constitute an affiliated group of
 2473  corporations as defined in s. 1504(a) of the Internal Revenue
 2474  Code.
 2475         (c) “Business” or “business firm” means any business entity
 2476  authorized to do business in this state as defined in paragraph
 2477  (e), and any bank or savings and loan association as defined in
 2478  s. 220.62, subject to the tax imposed by the provisions of this
 2479  chapter. This paragraph expires on the date specified in s.
 2480  290.016 for the expiration of the Florida Enterprise Zone Act.
 2481         (d) “Community contribution” means the grant by a business
 2482  firm of any of the following items:
 2483         1. Cash or other liquid assets.
 2484         2. Real property.
 2485         3. Goods or inventory.
 2486         4. Other physical resources as identified by the
 2487  department.
 2488  
 2489  This paragraph expires on the date specified in s. 290.016 for
 2490  the expiration of the Florida Enterprise Zone Act.
 2491         (e) “Corporation” includes all domestic corporations;
 2492  foreign corporations qualified to do business in this state or
 2493  actually doing business in this state; joint-stock companies;
 2494  limited liability companies, under chapter 608; common-law
 2495  declarations of trust, under chapter 609; corporations not for
 2496  profit, under chapter 617; agricultural cooperative marketing
 2497  associations, under chapter 618; professional service
 2498  corporations, under chapter 621; foreign unincorporated
 2499  associations, under chapter 622; private school corporations,
 2500  under chapter 623; foreign corporations not for profit which are
 2501  carrying on their activities in this state; and all other
 2502  organizations, associations, legal entities, and artificial
 2503  persons which are created by or pursuant to the statutes of this
 2504  state, the United States, or any other state, territory,
 2505  possession, or jurisdiction. The term “corporation” does not
 2506  include proprietorships, even if using a fictitious name;
 2507  partnerships of any type, as such; limited liability companies
 2508  that are taxable as partnerships for federal income tax
 2509  purposes; state or public fairs or expositions, under chapter
 2510  616; estates of decedents or incompetents; testamentary trusts;
 2511  or private trusts.
 2512         (f) “Department” means the Department of Revenue of this
 2513  state.
 2514         (g) “Director” means the executive director of the
 2515  Department of Revenue and, when there has been an appropriate
 2516  delegation of authority, the executive director’s delegate.
 2517         (h) “Earned,” “accrued,” “paid,” or “incurred” shall be
 2518  construed according to the method of accounting upon the basis
 2519  of which a taxpayer’s income is computed under this code.
 2520         (i) “Emergency,” as used in s. 220.02 and in paragraph (u)
 2521  of this subsection, means occurrence of widespread or severe
 2522  damage, injury, or loss of life or property proclaimed pursuant
 2523  to s. 14.022 or declared pursuant to s. 252.36. This paragraph
 2524  expires on the date specified in s. 290.016 for the expiration
 2525  of the Florida Enterprise Zone Act.
 2526         (j) “Enterprise zone” means an area in the state designated
 2527  pursuant to s. 290.0065. This paragraph expires on the date
 2528  specified in s. 290.016 for the expiration of the Florida
 2529  Enterprise Zone Act.
 2530         (k) “Expansion of an existing business,” for the purposes
 2531  of the enterprise zone property tax credit, means any business
 2532  entity authorized to do business in this state as defined in
 2533  paragraph (e), and any bank or savings and loan association as
 2534  defined in s. 220.62, subject to the tax imposed by the
 2535  provisions of this chapter, located in an enterprise zone, which
 2536  expands by or through additions to real and personal property
 2537  and which establishes five or more new jobs to employ five or
 2538  more additional full-time employees at such location. This
 2539  paragraph expires on the date specified in s. 290.016 for the
 2540  expiration of the Florida Enterprise Zone Act.
 2541         (l) “Fiscal year” means an accounting period of 12 months
 2542  or less ending on the last day of any month other than December
 2543  or, in the case of a taxpayer with an annual accounting period
 2544  of 52-53 weeks under s. 441(f) of the Internal Revenue Code, the
 2545  period determined under that subsection.
 2546         (m) “Includes” or “including,” when used in a definition
 2547  contained in this code, shall not be deemed to exclude other
 2548  things otherwise within the meaning of the term defined.
 2549         (n) “Internal Revenue Code” means the United States
 2550  Internal Revenue Code of 1986, as amended and in effect on
 2551  January 1, 2011, except as provided in subsection (3).
 2552         (o) “Local government” means any county or incorporated
 2553  municipality in the state. This paragraph expires on the date
 2554  specified in s. 290.016 for the expiration of the Florida
 2555  Enterprise Zone Act.
 2556         (p) “New business,” for the purposes of the enterprise zone
 2557  property tax credit, means any business entity authorized to do
 2558  business in this state as defined in paragraph (e), or any bank
 2559  or savings and loan association as defined in s. 220.62, subject
 2560  to the tax imposed by the provisions of this chapter, first
 2561  beginning operations on a site located in an enterprise zone and
 2562  clearly separate from any other commercial or industrial
 2563  operations owned by the same entity, bank, or savings and loan
 2564  association and which establishes five or more new jobs to
 2565  employ five or more additional full-time employees at such
 2566  location. This paragraph expires on the date specified in s.
 2567  290.016 for the expiration of the Florida Enterprise Zone Act.
 2568         (q) “New employee,” for the purposes of the enterprise zone
 2569  jobs credit, means a person residing in an enterprise zone or a
 2570  participant in the welfare transition program who is employed at
 2571  a business located in an enterprise zone who begins employment
 2572  in the operations of the business after July 1, 1995, and who
 2573  has not been previously employed full time within the preceding
 2574  12 months by the business or a successor business claiming the
 2575  credit pursuant to s. 220.181. A person shall be deemed to be
 2576  employed by such a business if the person performs duties in
 2577  connection with the operations of the business on a full-time
 2578  basis, provided she or he is performing such duties for an
 2579  average of at least 36 hours per week each month. The person
 2580  must be performing such duties at a business site located in an
 2581  enterprise zone. This paragraph expires on the date specified in
 2582  s. 290.016 for the expiration of the Florida Enterprise Zone
 2583  Act.
 2584         (r) “Nonbusiness income” means rents and royalties from
 2585  real or tangible personal property, capital gains, interest,
 2586  dividends, and patent and copyright royalties, to the extent
 2587  that they do not arise from transactions and activities in the
 2588  regular course of the taxpayer’s trade or business. The term
 2589  “nonbusiness income” does not include income from tangible and
 2590  intangible property if the acquisition, management, and
 2591  disposition of the property constitute integral parts of the
 2592  taxpayer’s regular trade or business operations, or any amounts
 2593  which could be included in apportionable income without
 2594  violating the due process clause of the United States
 2595  Constitution. For purposes of this definition, “income” means
 2596  gross receipts less all expenses directly or indirectly
 2597  attributable thereto. Functionally related dividends are
 2598  presumed to be business income.
 2599         (s) “Partnership” includes a syndicate, group, pool, joint
 2600  venture, or other unincorporated organization through or by
 2601  means of which any business, financial operation, or venture is
 2602  carried on, including a limited partnership; and the term
 2603  “partner” includes a member having a capital or a profits
 2604  interest in a partnership.
 2605         (t) “Project” means any activity undertaken by an eligible
 2606  sponsor, as defined in s. 220.183(2)(c), which is designed to
 2607  construct, improve, or substantially rehabilitate housing that
 2608  is affordable to low-income or very-low-income households as
 2609  defined in s. 420.9071(19) and (28); designed to provide
 2610  commercial, industrial, or public resources and facilities; or
 2611  designed to improve entrepreneurial and job-development
 2612  opportunities for low-income persons. A project may be the
 2613  investment necessary to increase access to high-speed broadband
 2614  capability in rural communities with enterprise zones, including
 2615  projects that result in improvements to communications assets
 2616  that are owned by a business. A project may include the
 2617  provision of museum educational programs and materials that are
 2618  directly related to any project approved between January 1,
 2619  1996, and December 31, 1999, and located in an enterprise zone
 2620  designated pursuant to s. 290.0065. This paragraph does not
 2621  preclude projects that propose to construct or rehabilitate low
 2622  income or very-low-income housing on scattered sites. With
 2623  respect to housing, contributions may be used to pay the
 2624  following eligible project-related activities:
 2625         1. Project development, impact, and management fees for
 2626  low-income or very-low-income housing projects;
 2627         2. Down payment and closing costs for eligible persons, as
 2628  defined in s. 420.9071(19) and (28);
 2629         3. Administrative costs, including housing counseling and
 2630  marketing fees, not to exceed 10 percent of the community
 2631  contribution, directly related to low-income or very-low-income
 2632  projects; and
 2633         4. Removal of liens recorded against residential property
 2634  by municipal, county, or special-district local governments when
 2635  satisfaction of the lien is a necessary precedent to the
 2636  transfer of the property to an eligible person, as defined in s.
 2637  420.9071(19) and (28), for the purpose of promoting home
 2638  ownership. Contributions for lien removal must be received from
 2639  a nonrelated third party.
 2640  
 2641  The provisions of this paragraph shall expire and be void on
 2642  June 30, 2015.
 2643         (u) “Rebuilding of an existing business” means replacement
 2644  or restoration of real or tangible property destroyed or damaged
 2645  in an emergency, as defined in paragraph (i), after July 1,
 2646  1995, in an enterprise zone, by a business entity authorized to
 2647  do business in this state as defined in paragraph (e), or a bank
 2648  or savings and loan association as defined in s. 220.62, subject
 2649  to the tax imposed by the provisions of this chapter, located in
 2650  the enterprise zone. This paragraph expires on the date
 2651  specified in s. 290.016 for the expiration of the Florida
 2652  Enterprise Zone Act.
 2653         (v) “Regulations” includes rules promulgated, and forms
 2654  prescribed, by the department.
 2655         (w) “Returns” includes declarations of estimated tax
 2656  required under this code.
 2657         (x) “State,” when applied to a jurisdiction other than
 2658  Florida, means any state of the United States, the District of
 2659  Columbia, the Commonwealth of Puerto Rico, any territory or
 2660  possession of the United States, and any foreign country, or any
 2661  political subdivision of any of the foregoing.
 2662         (y) “Taxable year” means the calendar or fiscal year upon
 2663  the basis of which net income is computed under this code,
 2664  including, in the case of a return made for a fractional part of
 2665  a year, the period for which such return is made.
 2666         (z) “Taxpayer” means any corporation subject to the tax
 2667  imposed by this code, and includes all corporations for which a
 2668  consolidated return is filed under s. 220.131. However,
 2669  “taxpayer” does not include a corporation having no individuals
 2670  (including individuals employed by an affiliate) receiving
 2671  compensation in this state as defined in s. 220.15 when the only
 2672  property owned or leased by said corporation (including an
 2673  affiliate) in this state is located at the premises of a printer
 2674  with which it has contracted for printing, if such property
 2675  consists of the final printed product, property which becomes a
 2676  part of the final printed product, or property from which the
 2677  printed product is produced.
 2678         (aa) “Functionally related dividends” include the following
 2679  types of dividends:
 2680         1. Those received from a subsidiary of which the voting
 2681  stock is more than 50 percent owned or controlled by the
 2682  taxpayer or members of its affiliated group and which is engaged
 2683  in the same general line of business.
 2684         2. Those received from any corporation which is either a
 2685  significant source of supply for the taxpayer or its affiliated
 2686  group or a significant purchaser of the output of the taxpayer
 2687  or its affiliated group, or which sells a significant part of
 2688  its output or obtains a significant part of its raw materials or
 2689  input from the taxpayer or its affiliated group. “Significant”
 2690  means an amount of 15 percent or more.
 2691         3. Those resulting from the investment of working capital
 2692  or some other purpose in furtherance of the taxpayer or its
 2693  affiliated group.
 2694  
 2695  However, dividends not otherwise subject to tax under this
 2696  chapter are excluded.
 2697         (bb) “Child care facility startup costs” means expenditures
 2698  for substantial renovation, equipment, including playground
 2699  equipment and kitchen appliances and cooking equipment, real
 2700  property, including land and improvements, and for reduction of
 2701  debt, made in connection with a child care facility as defined
 2702  by s. 402.302, or any facility providing daily care to children
 2703  who are mildly ill, which is located in this state on the
 2704  taxpayer’s premises and used by the employees of the taxpayer.
 2705         (cc) “Operation of a child care facility” means operation
 2706  of a child care facility as defined by s. 402.302, or any
 2707  facility providing daily care to children who are mildly ill,
 2708  which is located in this state within 5 miles of at least one
 2709  place of business of the taxpayer and which is used by the
 2710  employees of the taxpayer.
 2711         (dd) “Citrus processing company” means a corporation which,
 2712  during the 60-month period ending on December 31, 1997, had
 2713  derived more than 50 percent of its total gross receipts from
 2714  the processing of citrus products and the manufacture of juices.
 2715         (ee) “New job has been created” means that, on the date of
 2716  application, the total number of full-time jobs is greater than
 2717  the total was 12 months prior to that date, as demonstrated to
 2718  the department by a business located in the enterprise zone.
 2719         (ff) “Job” means a full-time position, as consistent with
 2720  terms used by the Department of Economic Opportunity and the
 2721  United States Department of Labor for purposes of unemployment
 2722  compensation tax administration and employment estimation
 2723  resulting directly from business operations in this state. The
 2724  term may not include a temporary construction job involved with
 2725  the construction of facilities or any job that has previously
 2726  been included in any application for tax credits under s.
 2727  212.096. The term also includes employment of an employee leased
 2728  from an employee leasing company licensed under chapter 468 if
 2729  the employee has been continuously leased to the employer for an
 2730  average of at least 36 hours per week for more than 6 months.
 2731         Section 54. For the purpose of incorporating the amendment
 2732  made by this act to section 290.016, Florida Statutes, in
 2733  references thereto, paragraph (a) of subsection (1) of section
 2734  220.13, Florida Statutes, is reenacted to read:
 2735         220.13 “Adjusted federal income” defined.—
 2736         (1) The term “adjusted federal income” means an amount
 2737  equal to the taxpayer’s taxable income as defined in subsection
 2738  (2), or such taxable income of more than one taxpayer as
 2739  provided in s. 220.131, for the taxable year, adjusted as
 2740  follows:
 2741         (a) Additions.—There shall be added to such taxable income:
 2742         1. The amount of any tax upon or measured by income,
 2743  excluding taxes based on gross receipts or revenues, paid or
 2744  accrued as a liability to the District of Columbia or any state
 2745  of the United States which is deductible from gross income in
 2746  the computation of taxable income for the taxable year.
 2747         2. The amount of interest which is excluded from taxable
 2748  income under s. 103(a) of the Internal Revenue Code or any other
 2749  federal law, less the associated expenses disallowed in the
 2750  computation of taxable income under s. 265 of the Internal
 2751  Revenue Code or any other law, excluding 60 percent of any
 2752  amounts included in alternative minimum taxable income, as
 2753  defined in s. 55(b)(2) of the Internal Revenue Code, if the
 2754  taxpayer pays tax under s. 220.11(3).
 2755         3. In the case of a regulated investment company or real
 2756  estate investment trust, an amount equal to the excess of the
 2757  net long-term capital gain for the taxable year over the amount
 2758  of the capital gain dividends attributable to the taxable year.
 2759         4. That portion of the wages or salaries paid or incurred
 2760  for the taxable year which is equal to the amount of the credit
 2761  allowable for the taxable year under s. 220.181. This
 2762  subparagraph shall expire on the date specified in s. 290.016
 2763  for the expiration of the Florida Enterprise Zone Act.
 2764         5. That portion of the ad valorem school taxes paid or
 2765  incurred for the taxable year which is equal to the amount of
 2766  the credit allowable for the taxable year under s. 220.182. This
 2767  subparagraph shall expire on the date specified in s. 290.016
 2768  for the expiration of the Florida Enterprise Zone Act.
 2769         6. The amount taken as a credit under s. 220.195 which is
 2770  deductible from gross income in the computation of taxable
 2771  income for the taxable year.
 2772         7. That portion of assessments to fund a guaranty
 2773  association incurred for the taxable year which is equal to the
 2774  amount of the credit allowable for the taxable year.
 2775         8. In the case of a nonprofit corporation which holds a
 2776  pari-mutuel permit and which is exempt from federal income tax
 2777  as a farmers’ cooperative, an amount equal to the excess of the
 2778  gross income attributable to the pari-mutuel operations over the
 2779  attributable expenses for the taxable year.
 2780         9. The amount taken as a credit for the taxable year under
 2781  s. 220.1895.
 2782         10. Up to nine percent of the eligible basis of any
 2783  designated project which is equal to the credit allowable for
 2784  the taxable year under s. 220.185.
 2785         11. The amount taken as a credit for the taxable year under
 2786  s. 220.1875. The addition in this subparagraph is intended to
 2787  ensure that the same amount is not allowed for the tax purposes
 2788  of this state as both a deduction from income and a credit
 2789  against the tax. This addition is not intended to result in
 2790  adding the same expense back to income more than once.
 2791         12. The amount taken as a credit for the taxable year under
 2792  s. 220.192.
 2793         13. The amount taken as a credit for the taxable year under
 2794  s. 220.193.
 2795         14. Any portion of a qualified investment, as defined in s.
 2796  288.9913, which is claimed as a deduction by the taxpayer and
 2797  taken as a credit against income tax pursuant to s. 288.9916.
 2798         15. The costs to acquire a tax credit pursuant to s.
 2799  288.1254(5) that are deducted from or otherwise reduce federal
 2800  taxable income for the taxable year.
 2801         16. The amount taken as a credit for the taxable year
 2802  pursuant to s. 220.194.
 2803         17. The amount taken as a credit for the taxable year under
 2804  s. 220.196. The addition in this subparagraph is intended to
 2805  ensure that the same amount is not allowed for the tax purposes
 2806  of this state as both a deduction from income and a credit
 2807  against the tax. The addition is not intended to result in
 2808  adding the same expense back to income more than once.
 2809         Section 55. For the purpose of incorporating the amendment
 2810  made by this act to section 290.016, Florida Statutes, in a
 2811  reference thereto, subsection (9) of section 220.181, Florida
 2812  Statutes, is reenacted to read:
 2813         220.181 Enterprise zone jobs credit.—
 2814         (9) This section, except paragraph (1)(c) and subsection
 2815  (8), expires on the date specified in s. 290.016 for the
 2816  expiration of the Florida Enterprise Zone Act, and a business
 2817  may not begin claiming the enterprise zone jobs credit after
 2818  that date; however, the expiration of this section does not
 2819  affect the operation of any credit for which a business has
 2820  qualified under this section before that date, or any
 2821  carryforward of unused credit amounts as provided in paragraph
 2822  (1)(c).
 2823         Section 56. For the purpose of incorporating the amendment
 2824  made by this act to section 290.016, Florida Statutes, in a
 2825  reference thereto, subsection (14) of section 220.182, Florida
 2826  Statutes, is reenacted to read:
 2827         220.182 Enterprise zone property tax credit.—
 2828         (14) This section expires on the date specified in s.
 2829  290.016 for the expiration of the Florida Enterprise Zone Act,
 2830  and a business may not begin claiming the enterprise zone
 2831  property tax credit after that date; however, the expiration of
 2832  this section does not affect the operation of any credit for
 2833  which a business has qualified under this section before that
 2834  date, or any carryforward of unused credit amounts as provided
 2835  in paragraph (1)(b).
 2836         Section 57. This act shall take effect July 1, 2012.