The Florida Senate

¹290.0065  State designation of enterprise zones.--

(1)  Upon application of the governing body of a county or municipality or of a county and one or more municipalities jointly pursuant to s. 290.0055, Enterprise Florida, Inc., and the office, in consultation with the interagency coordinating council, shall determine which areas nominated by such governing bodies meet the criteria outlined in s. 290.0055 and are the most appropriate for designation as state enterprise zones. The office is authorized to designate up to five areas within each of the categories established in subparagraphs (3)(a)1., 2., 3., 4., and 5., except that the office may only designate a total of 20 areas as enterprise zones. The office shall not designate more than three enterprise zones in any one county. All designations, including any provision for redesignations, of state enterprise zones pursuant to this section shall be effective July 1, 1995.

(2)  Each application made pursuant to s. 290.0055 shall be ranked competitively within the appropriate category established pursuant to subsection (3) based on the pervasive poverty, unemployment, and general distress of the area; the strategic plan, including local fiscal and regulatory incentives, prepared pursuant to s. 290.0057; and the prospects for new investment and economic development in the area. Pervasive poverty, unemployment, and general distress shall be weighted 35 percent; strategic plan and local fiscal and regulatory incentives shall be weighted 40 percent; and prospects for new investment and economic development in the area shall be weighted 25 percent.

(3)(a)  Each area designated as an enterprise zone pursuant to this section shall be placed in one of the following categories based on the 1990 census:

1.  Communities consisting of census tracts in areas having a total population of 150,000 persons or more.

2.  Communities consisting of census tracts in areas having a total population of 50,000 persons or more but less than 150,000 persons.

3.  Communities having a population of 20,000 persons or more but less than 50,000 persons.

4.  Communities having a population of 7,500 persons or more but less than 20,000 persons.

5.  Communities having a population of less than 7,500 persons.

(b)  Any area authorized to be an enterprise zone by both a county and a municipality shall be placed in the appropriate category established under paragraph (a) in which an application by the municipality would have been considered if the municipality had acted alone, if at least 60 percent of the population of the area authorized to be an enterprise zone resides within the municipality. An area authorized to be an enterprise zone by a county and one or more municipalities shall be placed in the category in which an application by the municipality with the highest percentage of residents in such area would have been considered if such municipality had authorized the area to be an enterprise zone. An area authorized to be an enterprise zone by a county as defined by s. 125.011(1) shall be placed in the category in which an application by the municipality in which the area is located would have been considered if the municipality had authorized such area to be an enterprise zone. An area authorized to be an enterprise zone by a county as defined by s. 125.011(1) which area is located in two or more municipalities shall be placed in the category in which an application by the municipality with the highest percentage of residents in such area would have been considered if such municipality had authorized such area to be an enterprise zone.

(4)(a)  Notwithstanding s. 290.0055, any area existing as a state enterprise zone as of the effective date of this section and originally approved through a joint application from a county and municipality, or through an application from a county as defined in s. 125.011(1), shall be redesignated as a state enterprise zone upon the creation of an enterprise zone development agency pursuant to s. 290.0056 and the completion of a strategic plan pursuant to s. 290.0057 Any area redesignated pursuant to this subsection, other than an area located in a county defined in s. 125.011(1), may be relocated or modified by the appropriate governmental bodies. Such relocation or modification shall be identified in the strategic plan and shall meet the requirements for designation as established by former s. 290.005 Any relocation or modification shall be submitted on or before June 1, 1996.

(b)  The office shall place any area designated as a state enterprise zone pursuant to this subsection in the appropriate category established in subsection (3), and include such designations within the limitations on state enterprise zone designations set out in subsection (1).

(c)  Any county or municipality having jurisdiction over an area designated as a state enterprise zone pursuant to this subsection, other than a county defined by s. 125.011(1), may not apply for designation of another area.

(5)  Notwithstanding s. 290.0055, an area designated as a federal empowerment zone or enterprise community pursuant to Title XIII of the Omnibus Budget Reconciliation Act of 1993, the Taxpayer Relief Act of 1997, or the 1999 Agricultural Appropriations Act shall be designated a state enterprise zone as follows:

(a)  An area designated as an urban empowerment zone or urban enterprise community pursuant to Title XIII of the Omnibus Budget Reconciliation Act of 1993 or the Taxpayer Relief Act of 1997 shall be designated a state enterprise zone by the office upon completion of the requirements set out in paragraph (d), except in the case of a county as defined in s. 125.011(1) which, notwithstanding s. 290.0055, may incorporate and include such designated urban empowerment zone or urban enterprise community areas within the boundaries of its state enterprise zones without any limitation as to size.

(b)  An area designated as a rural empowerment zone or rural enterprise community pursuant to Title XIII of the Omnibus Budget Reconciliation Act of 1993 or the 1999 Agricultural Appropriations Act shall be designated a state rural enterprise zone by the office upon completion of the requirements set out in paragraph (d) and may incorporate and include such designated rural empowerment zone or rural enterprise community within the boundaries of its state enterprise zones without any limitation as to size.

(c)  Any county or municipality having jurisdiction over an area designated as a state enterprise zone pursuant to this subsection, other than a county defined in s. 125.011(1), may not apply for designation of another area.

(d)  Prior to designating such areas as state enterprise zones, the office shall ensure that the governing body having jurisdiction over the zone submits the strategic plan required pursuant to 7 C.F.R. part 25 or 24 C.F.R. part 597 to the office, and creates an enterprise zone development agency pursuant to s. 290.0056

(e)  The office shall place any area designated as a state enterprise zone pursuant to this subsection in the appropriate category established in subsection (3), and include such designations within the limitations on state enterprise zone designations set out in subsection (1).

(6)(a)  The office, in consultation with Enterprise Florida, Inc., and the interagency coordinating council, may develop guidelines necessary for the approval of areas under this section by the director.

(b)  Such guidelines shall provide for the measurement of pervasive poverty, unemployment, and general distress using the criteria outlined by s. 290.0058

(c)  Such guidelines shall provide for the evaluation of the strategic plan and local fiscal and regulatory incentives for effectiveness, including how the following key principles will be implemented by the governing body or bodies:

1.  Economic opportunity, including job creation within the community and throughout the region, as well as entrepreneurial initiatives, small business expansion, and training for jobs that offer upward mobility.

2.  Sustainable community development that advances the creation of livable and vibrant communities through comprehensive approaches that coordinate economic, physical, community, and human development.

3.  Community-based partnerships involving the participation of all segments of the community.

4.  Strategic vision for change that identifies how the community will be revitalized. This vision should include methods for building on community assets and coordinate a response to community needs in a comprehensive fashion. This vision should provide goals and performance benchmarks for measuring progress and establish a framework for evaluating and adjusting the strategic plan.

5.  Local fiscal and regulatory incentives enacted pursuant to s. 290.0057(1)(e). These incentives should induce economic revitalization, including job creation and small business expansion.

(d)  Such guidelines may provide methods for evaluating the prospects for new investment and economic development in the area, including a review and evaluation of any previous state enterprise zones located in the area.

(7)  Upon approval by the director of a resolution authorizing an area to be an enterprise zone pursuant to this section, the office shall assign a unique identifying number to that resolution. The office shall provide the Department of Revenue and Enterprise Florida, Inc., with a copy of each resolution approved, together with its identifying number.

(8)(a)  Notwithstanding s. 290.0055, any area existing as a state enterprise zone as of December 30, 1994, which has received at least $1 million in state community development funds and at least $500,000 in federal community development funds, which has less than 300 businesses located within the boundaries of the enterprise zone, and which has been designated by the United States Department of Agriculture as a "Champion Community" shall be redesignated as a state enterprise zone upon the creation of an enterprise zone development agency pursuant to s. 290.0056 and the completion of a strategic plan pursuant to s. 290.0057

(b)  Such designation shall be in addition to the limitations of state enterprise zone designation set out in subsection (1).

(9)(a)  Before December 31, 2002, the governing body of a county in which an enterprise zone designated pursuant to paragraph (5)(b) is located may apply to the Office of Tourism, Trade, and Economic Development to amend the boundaries of the enterprise zone for the purpose of replacing areas not suitable for development.

(b)  Before December 31, 2002, the governing body of a county in which an enterprise zone designated pursuant to subparagraph (3)(a)2. is located may apply to the Office of Tourism, Trade, and Economic Development to amend the boundaries of the enterprise zone for the purpose of replacing areas not suitable for development.

The Office of Tourism, Trade, and Economic Development shall approve the application if it does not increase the overall size of the enterprise zone. Except that upon the request of the governing body of a home rule charter county, or any county the government of which has been consolidated with the government of one or more municipalities in accordance with s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution as revised in 1968 and subsequently amended, the Office of Tourism, Trade, and Economic Development may amend the boundaries of an area designated as an enterprise zone upon the receipt of a resolution adopted by such governing body describing the amended boundaries, so long as the added area does not increase the overall size of the expanded zone more than its original size or 20 square miles, whichever is larger, and is consistent with the categories, criteria, and limitations imposed by s. 290.0055

(10)  Before December 31, 1999, any county as defined in s. 125.011(1) may create a satellite enterprise zone not exceeding 3 square miles in area outside of and, notwithstanding anything contained in s. 290.0055(4) or elsewhere, in addition to the previously designated 20 square miles of enterprise zones. The Office of Tourism, Trade, and Economic Development shall amend the boundaries of the areas previously designated by any such county as enterprise zones upon the receipt of a resolution adopted by such governing body describing the satellite enterprise zone, as long as the additional area is consistent with the categories, criteria, and limitations imposed by s. 290.0055, provided that the 20-square-mile limitation and the requirements imposed by s. 290.0055(4)(d) do not apply to such satellite enterprise zone.

(11)  Before December 31, 2004, the governing body or governing bodies of a county or a municipality in a county having a population of more than 235,000 but less than 260,000 and in which an enterprise zone is designated may apply to the Office of Tourism, Trade, and Economic Development to change the boundaries of the enterprise zone for the purpose of replacing areas not suitable for development. The Office of Tourism, Trade, and Economic Development shall approve the application made pursuant to this subsection if the boundary change is consistent with the categories, criteria, and limitations imposed upon the establishment of such enterprise zone.

(12)  Notwithstanding any provisions in s. 290.0055 regarding the size of an enterprise zone, any county defined by s. 125.011(1) may apply to the Office of Tourism, Trade, and Economic Development by October 1, 2004, to expand the boundary of an existing enterprise zone to include an additional 8.7 square miles. The area must also include areas to the north or east of the northeasternmost section of an existing enterprise zone. The expanded area may not include any area not described in this subsection. The Office of Tourism, Trade, and Economic Development shall approve an amendment to the boundary of an enterprise zone under this subsection by January 1, 2005, if the area proposed for addition to the enterprise zone is consistent with the criteria and conditions imposed by s. 290.0055 upon the establishment of enterprise zones, including the requirement that the area suffer from pervasive poverty, unemployment, and general distress.

(13)  Before November 30, 2004, any county as defined in s. 125.011 may apply to the Office of Tourism, Trade, and Economic Development to change the boundaries of an existing enterprise zone for the purpose of replacing an area of not more than 75 acres within the enterprise zone as of January 1, 2004, with an area of the same number of acres outside the enterprise zone as of January 1, 2004. The replacement area must be contiguous to the existing enterprise zone and must be a part of a revitalization area that has been targeted for assistance by the county. The replacement area also must be contiguous to a zoo, and the county must have previously completed a master plan for development of the area. The Office of Tourism, Trade, and Economic Development shall approve the amendment effective January 1, 2005, if the enterprise zone remains consistent with the criteria and conditions imposed by s. 290.0055 upon the establishment of enterprise zones, including the requirement that the area suffer from pervasive poverty, unemployment, and general distress.

History.--s. 48, ch. 84-356; s. 58, ch. 86-152; s. 26, ch. 88-201; s. 6, ch. 89-352; s. 1, ch. 91-262; ss. 26, 37, ch. 94-136; s. 2, ch. 95-309; ss. 124, 125, ch. 96-320; s. 46, ch. 97-100; s. 4, ch. 98-220; s. 13, ch. 99-4; s. 77, ch. 99-13; s. 4, ch. 99-342; s. 65, ch. 2001-61; s. 10, ch. 2001-101; s. 19, ch. 2001-201; s. 1, ch. 2002-224; s. 1, ch. 2004-324.

¹Note.--Repealed December 31, 2005, by s. 37, ch. 94-136.