CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senators Kirkpatrick, Bronson, Clary, Gutman, Hargrett,

12  Harris, Holzendorf, and McKay moved the following amendment:

13

14         Senate Amendment (with title amendment) 

15         On page 28, between lines 5 and 6,

16

17  insert:

18         Section 9.  Section 414.80, Florida Statutes, is

19  created to read:

20         414.80  Short title.--Sections 414.80-414.860 may be

21  cited as the "WAGES Emergency Response Act."

22         Section 10.  Section 414.810, Florida Statutes, is

23  created to read:

24         414.810  Legislative findings and intent.--

25         (1)  The Legislature finds that the success of the Work

26  and Gain Economic Self-sufficiency (WAGES) Program depends

27  upon the existence of sufficient employment opportunities

28  compatible with the education and skill levels of participants

29  in the WAGES Program.

30         (2)  The Legislature finds that in several identifiable

31  regions of the state there is an alarmingly inadequate supply

                                  1
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  of entry-level jobs in relation to the number of WAGES Program

 2  participants who are exhausting statutory limitations on the

 3  receipt of temporary cash assistance under the WAGES Program.

 4         (3)  The Legislature finds that the disparity between

 5  employment opportunities and the number of WAGES Program

 6  participants in these areas of critical state economic concern

 7  constitutes an economic development emergency with significant

 8  fiscal and social implications for these areas and for the

 9  state as a whole.

10         (4)  The Legislature finds that there is an immediate

11  need to facilitate the location and expansion of businesses

12  and the creation of jobs in these areas of critical state

13  economic concern, but that such activities may be hampered by

14  existing budgetary, statutory, regulatory, or programmatic

15  requirements.

16         (5)  It is the intent of the Legislature to provide for

17  a WAGES Emergency Response Program in order to ensure that the

18  resources of state and local government are marshaled in a

19  coordinated, effective, and timely manner to promote economic

20  development and job creation integral to the success of the

21  WAGES Program.

22         Section 11.  Section 414.811, Florida Statutes, is

23  created to read:

24         414.811  Policy and purpose.--

25         (1)  Because the Legislature has determined that the

26  state must take extraordinary measures to meet the employment

27  needs of its residents who are transitioning from dependence

28  on welfare to self-reliance through employment and to ensure

29  that adequate employment opportunities exist for such

30  residents, it is hereby found and declared necessary:

31         (a)  To create a State WAGES Emergency Response Team to

                                  2
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  be composed of a state director and appointed agency WAGES

 2  Emergency Response Team Coordinators.

 3         1.  The state director shall be appointed by the

 4  Governor, and for administrative purposes, shall be housed in

 5  the Executive Office of the Governor.

 6         2.  Staffing for the State WAGES Emergency Response

 7  Team shall be provided by the Department of Community Affairs.

 8  The department shall coordinate the use of state facilities

 9  and resources in ensuring the successful completion of the

10  team's objectives.

11         (b)  To empower the State WAGES Emergency Response Team

12  to facilitate the creation of employment opportunities in

13  areas of critical state economic concern.

14         (c)  To provide for coordination with local government

15  of state designated projects.

16         Section 12.  Section 414.812, Florida Statutes, is

17  created to read:

18         414.812  Limitations.--

19         (1)  The existence of the State WAGES Emergency

20  Response Team is not designed to disrupt the orderly economic

21  development of the state. Rather, it is created to coordinate

22  state resources and rapidly eliminate barriers that prevent

23  the creation of employment opportunities in designated regions

24  and communities of the state.

25         (2)  Nothing in ss. 414.80-414.860 shall be construed

26  to:

27         (a)  Interfere with the responsibilities of the

28  Division of Community Affairs relative to the State Emergency

29  Management Act under chapter 252;

30         (b)  Interfere with military and defense obligations of

31  the Florida National Guard; or

                                  3
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1         (c)  Authorize the destruction of wetlands or other

 2  ecologically or environmentally sensitive lands.

 3         Section 13.  Section 414.813, Florida Statutes, is

 4  created to read:

 5         414.813  Liberal construction.--Sections 414.80-414.860

 6  shall be construed liberally in order to effectuate their

 7  purposes.

 8         Section 14.  Section 414.820, Florida Statutes, is

 9  created to read:

10         414.820  Designation of Areas of Critical State

11  Economic Concern.--

12         (1)  The Legislature declares the following Workforce

13  Development Regions to be areas of critical state economic

14  concern:

15         (a)  Region 5--Gadsden, Leon, and Wakulla counties;

16         (b)  Region 6--Hamilton, Jefferson, Lafayette, Madison,

17  Suwannee, and Taylor counties;

18         (c)  Region 7--Baker, Columbia, Dixie, Gilchrist, and

19  Union counties;

20         (d)  Region 19--DeSoto, Hardee, and Highlands counties;

21  and

22         (e)  Region 23--Dade and Monroe counties.

23         (2)  By Executive Order, the Governor shall declare no

24  more than 4 additional areas of the state as areas of critical

25  state economic concern based upon the following criteria:

26         (a)  Areas with a high proportion of families who had

27  already received cash assistance in three our of the previous

28  five years at the time their time limit was established;

29         (b)  Areas with a high proportion of families subject

30  to the WAGES time limit headed by a parent who was under age

31  24 at the time the time limit was established and who lacked

                                  4
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  high school or GED completion;

 2         (c)  Areas with a high proportion of families subject

 3  to the time limit who have used all of the available months of

 4  cash assistance since October 1996;

 5         (d)  Areas with a low ratio of new jobs per WAGES

 6  client;

 7         (e)  Areas with a low ration of job openings requiring

 8  less than a high school degree per WAGES client;

 9         (f)  Areas with a high proportion of families subject

10  to the time limit who are either within six months of the time

11  limit or are receiving cash assistance under a period of

12  hardship extension to the time limit;

13         (g)  Areas with unusually high unemployment; and

14         (h)  Areas identified as labor surplus areas using the

15  criteria established by the U.S. Department of Labor

16  Employment and Training Administration.

17         (3)  Subcounty areas determined to have the greatest

18  need for job creation as determined by the Workforce

19  Development Board of Enterprise Florida, Inc., based upon the

20  criteria in subsection (2) shall qualify for designation by

21  the Governor under the authority provided by this section.

22         Section 15.  Section 414.830, Florida Statutes, is

23  created to read:

24         414.830  WAGES Emergency Response Program.--

25         (1)(a)  By July 1, 1998, the heads of the Departments

26  of Agriculture and Consumer Services, Labor and Employment

27  Security, Community Affairs, Children and Family Services,

28  Revenue, Business and Professional Regulation, Management

29  Services, Military Affairs, Transportation, and Environmental

30  Protection shall select from within each such department a

31  person to be designated as the WAGES Emergency Response

                                  5
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  Coordinator for the department and a person to serve as an

 2  alternate.

 3         (b)  By July 1, 1998, the Comptroller; the Auditor

 4  General; the executive director of each water management

 5  district; and the heads of the Office of Tourism, Trade, and

 6  Economic Development, Enterprise Florida, Inc., State WAGES

 7  Board of Directors, Institute of Food and Agricultural

 8  Science, Florida Chamber of Commerce, the Florida Home

 9  Builders Association, the State Board of Community Colleges,

10  Division of Workforce Development of the Department of

11  Education, State University System, Florida Ports Council, and

12  the Office of Planning and Budgeting shall select from within

13  such organizations a person to be designated as the WAGES

14  Emergency Response Coordinator for the organization and a

15  person to serve as an alternate.

16         (c)  By designation, the WAGES Emergency Response

17  Coordinators are empowered to commit and coordinate those

18  resources applicable to the organization that the coordinator

19  represents. The WAGES Emergency Response Coordinators together

20  with the state director comprise the WAGES Emergency Response

21  Team, and are responsible for providing various resources

22  dictated by need as determined by project teams.

23         (d)  The head of each organization identified in

24  paragraphs (a) and (b) shall notify the Governor and the state

25  director in writing of the person initially designated as the

26  WAGES Emergency Response Coordinator for such organization and

27  his or her alternate and of any changes in persons so

28  designated thereafter. The Governor may add individuals to the

29  WAGES Emergency Response Team as deemed necessary.

30         (2)  The State WAGES Emergency Response Team shall

31  encourage state and local agencies to cooperatively solve all

                                  6
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  barriers for attracting and committing potential employers to

 2  locate in areas of critical state economic concern and to

 3  facilitate expansion of existing businesses in those areas.

 4  Once a local project leader or regional response team has

 5  identified a barrier that cannot be overcome through

 6  traditional means, the State WAGES Emergency Response Team

 7  may:

 8         (a)  By contract with the potential employer, waive any

 9  criteria, requirement or similar provision of any economic

10  development incentive. Such incentives shall include, but not

11  be limited to: the Qualified Target Industry Tax Refund

12  Program under s. 288.106, the Quick-Response Training Program

13  under s. 288.047, the WAGES Quick-Response Training Program,

14  contracts for transportation projects under s. 288.063, the

15  Qualified Defense contractor Tax Refund Program under s.

16  288.1045, the brownfield redevelopment bonus refunds under s.

17  288.107, the urban high-crime area and rural job tax credit

18  programs under ss. 212.097, 212.098, and 220.1895;

19         (b)  By contract with the potential employer, provide

20  training and educational opportunities for new employees,

21  develop training programs, and pay tuition or training

22  expenses for employees;

23         (c)  Contract with any Florida based provider of

24  employment training services or educational services for the

25  provision of services related to the team's responsibilities;

26         (d)  Contract with potential employers to provide any

27  service or product over which the team has control;

28         (e)  Recommend emergency issues to the Governor for his

29  consideration as matters requiring an executive order;

30         (f)  Waive transportation provider preferences and

31  exclusions provided to the Transportation Disadvantage

                                  7
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  Commission and associated providers; and

 2         (g)  Authorize the use of funds appropriated for the

 3  WAGES Emergency Response Program for the staffing expenses of

 4  the Department of Community Affairs.

 5         (3)  The State WAGES Emergency Response Team shall meet

 6  at a minimum on a monthly basis.

 7         (4)  In order to accomplish the goals of the State

 8  WAGES Emergency Response Team, the Governor may, by executive

 9  order:

10         (a)  Exercise any power enumerated under s. 252.36; and

11         (b)  Require, at the recommendation of the State WAGES

12  Emergency Response Team, minimum hiring requirements of

13  participants of the WAGES Program for contracts entered into

14  by the Florida Department of Transportation or any school

15  district entering into contract for capital construction.

16         (5)  The State WAGES Emergency Response Team is

17  directed to use local resources and financing whenever

18  possible and to petition the Governor to use the powers

19  granted in this act to finance local projects.

20         Section 16.  Section 414.840, Florida Statutes, is

21  created to read:

22         414.840  Regional WAGES Emergency Response Teams.--

23         (1)  Enterprise Florida, Inc., in cooperation with the

24  Department of Community Affairs, is responsible for initial

25  organization of the regional response teams. Regional response

26  teams shall be composed of representatives of cities and

27  counties that have governing responsibilities for a given

28  area. In addition to representatives of local government, a

29  representative from the local WAGES coalition, the regional

30  workforce development board, local economic development

31  councils, and a representative of the local school board shall

                                  8
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  also be included on the regional response team. The team

 2  leader shall be selected by the team members.

 3         (2)(a)  Regional response teams shall assess businesses

 4  located in the region to identify potential expansion projects

 5  that may require the assistance of the state response team.

 6  The teams shall also identify underutilized local resources.

 7         (b)  Regional response teams shall be responsible for

 8  coordinating the efforts of local government and local

 9  agencies to attract potential new employers and shall work in

10  conjunction with local economic development councils.

11  Enterprise Florida, Inc., shall assist the regional response

12  teams by providing research and advice in fulfilling their

13  charge.

14         (c)  A regional response team may propose any local

15  opportunity for the expansion of an existing business or for

16  the relocation to the region of an existing employer to the

17  State WAGES Emergency Response Team to exercise the powers

18  vested in the state team.

19         (d)  It is the desire of the Legislature that local

20  resources and local solutions shall be used first as the

21  economic development resulting from the efforts of the teams

22  will be felt greatest by local communities.

23         Section 17.  Section 414.845, Florida Statutes, is

24  created to read:

25         414.845  Local Project Teams.--

26         (1)  Recognizing that significant job creation efforts

27  often focus on development of specific sites and may include

28  multiple employers, not more than 10 local project districts

29  may be designated by the State WAGES Emergency Response Team.

30  Not more than 3 of the local project districts may be created

31  in Dade County. Not more than 7 may be located in

                                  9
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  legislatively designated areas of critical state economic

 2  concern, including those designated in Dade County. Such sites

 3  must be contiguous and capable of supporting businesses

 4  creating a total of 500 jobs or more.

 5         (2)  Upon designation of a local project district, a

 6  local project team shall be assembled and approved by the

 7  State WAGES Emergency Response Team, after consultation with

 8  the regional response team. Local project leaders should look

 9  first to the regional response teams for assistance, but may

10  directly appeal to the State WAGES Emergency Response Team for

11  assistance.

12         (3)  Local project teams shall have the following

13  powers and responsibilities:

14         (a)  Local project teams are to aggressively solicit

15  potential businesses for site specific projects;

16         (b)  Local project teams shall assist potential

17  employers in identifying and applying for all relevant

18  incentives and permits;

19         (c)  Local project teams, with permission of the State

20  WAGES Emergency Response Team, may negotiate specific terms of

21  agreement with potential employers; and

22         (d)  Local project teams shall identify and assist in

23  the elimination of local barriers to the location or expansion

24  of a business at the site.

25         (4)  In selecting potential projects, the State WAGES

26  Emergency Response Team shall consider all projects submitted,

27  and shall pay particular attention to projects which include

28  elements relating to transportation distribution centers,

29  warehousing facilities, agricultural processing and packaging,

30  and the aquaculture industry. While traditional economic

31  development does not usually focus on retail establishments,

                                  10
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  the team may consider projects which provide retail employment

 2  opportunities and select retail projects if they provide

 3  significant employment opportunities.

 4         Section 18.  Section 414.850, Florida Statutes, is

 5  created to read:

 6         414.850  Expiration and review of WAGES Emergency

 7  Response Program.--Sections 414.80-414.860, expire June 30,

 8  2002, and shall be reviewed by the Legislature and Enterprise

 9  Florida, Inc., prior to that date. In its review, the

10  Legislature shall determine if the continued use of the WAGES

11  Emergency Response Program fulfills a state need. Enterprise

12  Florida, Inc., shall assess the usefulness and applicability

13  of the WAGES Emergency Response Program for economic

14  development projects.

15         Section 19.  Section 414.860, Florida Statutes, is

16  created to read:

17         414.860  Legislative oversight.--The President of the

18  Senate shall appoint 2 members of the Senate and the Speaker

19  of the House of Representatives shall appoint 2 members of the

20  House of Representatives to serve as a legislative oversight

21  committee to monitor and advise the State WAGES Emergency

22  Response Team.

23         Section 20.  The State WAGES Emergency Response Team

24  shall, from funds appropriated for the use of the team,

25  contract with the Institute of Food and Agricultural Sciences

26  for job creation and training activities related to the

27  institute's Job Start, Care Giver Education, Aquaculture of

28  High Value Species, and New Technologies in Plasticulture for

29  Vegetable Producers programs.

30         Section 21.  Paragraph (h) of subsection (5) of section

31  212.08, Florida Statutes, is amended to read:

                                  11
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1         212.08  Sales, rental, use, consumption, distribution,

 2  and storage tax; specified exemptions.--The sale at retail,

 3  the rental, the use, the consumption, the distribution, and

 4  the storage to be used or consumed in this state of the

 5  following are hereby specifically exempt from the tax imposed

 6  by this chapter.

 7         (5)  EXEMPTIONS; ACCOUNT OF USE.--

 8         (h)  Business property used in an enterprise zone.--

 9         1.  Beginning July 1, 1995, business property purchased

10  for use by businesses located in an enterprise zone which is

11  subsequently used in an enterprise zone shall be exempt from

12  the tax imposed by this chapter. This exemption inures to the

13  business only through a refund of previously paid taxes. A

14  refund shall be authorized upon an affirmative showing by the

15  taxpayer to the satisfaction of the department that the

16  requirements of this paragraph have been met.

17         2.  To receive a refund, the business must file under

18  oath with the governing body or enterprise zone development

19  agency having jurisdiction over the enterprise zone where the

20  business is located, as applicable, an application which

21  includes:

22         a.  The name and address of the business claiming the

23  refund.

24         b.  The identifying number assigned pursuant to s.

25  290.0065 to the enterprise zone in which the business is

26  located.

27         c.  A specific description of the property for which a

28  refund is sought, including its serial number or other

29  permanent identification number.

30         d.  The location of the property.

31         e.  The sales invoice or other proof of purchase of the

                                  12
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  property, showing the amount of sales tax paid, the date of

 2  purchase, and the name and address of the sales tax dealer

 3  from whom the property was purchased.

 4         f.  Whether the business is a small business as defined

 5  by s. 288.703(1).

 6         g.  If applicable, the name and address of each

 7  permanent employee of the business, including, for each

 8  employee who is a resident of an enterprise zone, the

 9  identifying number assigned pursuant to s. 290.0065 to the

10  enterprise zone in which the employee resides.

11         3.  Within 10 working days after receipt of an

12  application, the governing body or enterprise zone development

13  agency shall review the application to determine if it

14  contains all the information required pursuant to subparagraph

15  2. and meets the criteria set out in this paragraph. The

16  governing body or agency shall certify all applications that

17  contain the information required pursuant to subparagraph 2.

18  and meet the criteria set out in this paragraph as eligible to

19  receive a refund. If applicable, the governing body or agency

20  shall also certify if 20 percent of the employees of the

21  business are residents of an enterprise zone, excluding

22  temporary and part-time employees. The certification shall be

23  in writing, and a copy of the certification shall be

24  transmitted to the executive director of the Department of

25  Revenue. The business shall be responsible for forwarding a

26  certified application to the department within the time

27  specified in subparagraph 4.

28         4.  An application for a refund pursuant to this

29  paragraph must be submitted to the department within 6 months

30  after the business property is purchased.

31         5.  The provisions of s. 212.095 do not apply to any

                                  13
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  refund application made pursuant to this paragraph. The amount

 2  refunded on purchases of business property under this

 3  paragraph shall be the lesser of 97 percent of the sales tax

 4  paid on such business property or $5,000, or, if no less than

 5  20 percent of the employees of the business are residents of

 6  an enterprise zone, excluding temporary and part-time

 7  employees, the amount refunded on purchases of business

 8  property under this paragraph shall be the lesser of 97

 9  percent of the sales tax paid on such business property or

10  $10,000. A refund approved pursuant to this paragraph shall be

11  made within 30 days of formal approval by the department of

12  the application for the refund. No refund shall be granted

13  under this paragraph unless the amount to be refunded exceeds

14  $100 in sales tax paid on purchases made within a 60-day time

15  period.

16         6.  The department shall adopt rules governing the

17  manner and form of refund applications and may establish

18  guidelines as to the requisites for an affirmative showing of

19  qualification for exemption under this paragraph.

20         7.  If the department determines that the business

21  property is used outside an enterprise zone within 3 years

22  from the date of purchase, the amount of taxes refunded to the

23  business purchasing such business property shall immediately

24  be due and payable to the department by the business, together

25  with the appropriate interest and penalty, computed from the

26  date of purchase, in the manner provided by this chapter.

27  Notwithstanding this subparagraph, in order to provide greater

28  employment opportunities in areas of critical state economic

29  concern, business property used exclusively in:

30         a.  Licensed commercial fishing vessels,

31         b.  Fishing guide boats, or

                                  14
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1         c.  Ecotourism guide boats

 2

 3  that leave and return to a fixed location within an area

 4  designated under s. 370.28 are eligible for the exemption

 5  provided under this paragraph if all requirements of this

 6  paragraph are met. Such vessels and boats must be owned by a

 7  business that is eligible to receive the exemption provided

 8  under this paragraph. This exemption does not apply to the

 9  purchase of a vessel or boat.

10         8.  The department shall deduct an amount equal to 10

11  percent of each refund granted under the provisions of this

12  paragraph from the amount transferred into the Local

13  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

14  s. 212.20 for the county area in which the business property

15  is located and shall transfer that amount to the General

16  Revenue Fund.

17         9.  For the purposes of this exemption, "business

18  property" means new or used property defined as "recovery

19  property" in s. 168(c) of the Internal Revenue Code of 1954,

20  as amended, except:

21         a.  Property classified as 3-year property under s.

22  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

23         b.  Industrial machinery and equipment as defined in

24  sub-subparagraph (b)6.a. and eligible for exemption under

25  paragraph (b); and

26         c.  Building materials as defined in sub-subparagraph

27  (g)8.a.

28         10.  The provisions of this paragraph shall expire and

29  be void on December 31, 2005.

30         Section 22.  Subsection (1) and paragraph (a) of

31  subsection (3) of section 212.096, Florida Statutes, are

                                  15
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  amended to read:

 2         212.096  Sales, rental, storage, use tax; enterprise

 3  zone jobs credit against sales tax.--

 4         (1)  For the purposes of the credit provided in this

 5  section:

 6         (a)  "Eligible business" means any sole proprietorship,

 7  firm, partnership, corporation, bank, savings association,

 8  estate, trust, business trust, receiver, syndicate, or other

 9  group or combination, or successor business, located in an

10  enterprise zone. An eligible business does not include any

11  business which has claimed the credit permitted under s.

12  220.181 for any new business employee first beginning

13  employment with the business after July 1, 1995.

14         (b)  "Month" means either a calendar month or the time

15  period from any day of any month to the corresponding day of

16  the next succeeding month or, if there is no corresponding day

17  in the next succeeding month, the last day of the succeeding

18  month.

19         (c)  "New employee" means a person residing in an

20  enterprise zone, a qualified Job Training Partnership Act

21  classroom training participant, or a WAGES Program participant

22  who begins employment with an eligible business after July 1,

23  1995, and who has not been previously employed within the

24  preceding 12 months by the eligible business, or a successor

25  eligible business, claiming the credit allowed by this

26  section.

27

28  A person shall be deemed to be employed if the person performs

29  duties in connection with the operations of the business on a

30  regular, full-time basis, provided the person is performing

31  such duties for an average of at least 36 hours per week each

                                  16
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  month, or a part-time basis, provided the person is performing

 2  such duties for an average of at least 20 hours per week each

 3  month throughout the year. The person must be performing such

 4  duties at a business site located in the enterprise zone.

 5         (3)  In order to claim this credit, an eligible

 6  business must file under oath with the governing body or

 7  enterprise zone development agency having jurisdiction over

 8  the enterprise zone where the business is located, as

 9  applicable, a statement which includes:

10         (a)  For each new employee for whom this credit is

11  claimed, the employee's name and place of residence, including

12  the identifying number assigned pursuant to s. 290.0065 to the

13  enterprise zone in which the employee resides if the new

14  employee is a person residing in an enterprise zone, and, if

15  applicable, documentation that the employee is a qualified Job

16  Training Partnership Act classroom training participant or a

17  WAGES Program participant.

18         Section 23.  Paragraph (q) of subsection (1) of section

19  220.03, Florida Statutes, is amended to read:

20         220.03  Definitions.--

21         (1)  SPECIFIC TERMS.--When used in this code, and when

22  not otherwise distinctly expressed or manifestly incompatible

23  with the intent thereof, the following terms shall have the

24  following meanings:

25         (q)  "New employee," for the purposes of the enterprise

26  zone jobs credit, means a person residing in an enterprise

27  zone, a qualified Job Training Partnership Act classroom

28  training participant, or a WAGES Program participant employed

29  at a business located in an enterprise zone who begins

30  employment in the operations of the business after July 1,

31  1995, and who has not been previously employed within the

                                  17
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  preceding 12 months by the business or a successor business

 2  claiming the credit pursuant to s. 220.181.  A person shall be

 3  deemed to be employed by such a business if the person

 4  performs duties in connection with the operations of the

 5  business on a full-time basis, provided she or he is

 6  performing such duties for an average of at least 36 hours per

 7  week each month, or a part-time basis, provided she or he is

 8  performing such duties for an average of at least 20 hours per

 9  week each month throughout the year. The person must be

10  performing such duties at a business site located in an

11  enterprise zone. The provisions of this paragraph shall expire

12  and be void on June 30, 2005.

13         Section 24.  Paragraph (a) of subsection (2) of section

14  220.181, Florida Statutes, is amended to read:

15         220.181  Enterprise zone jobs credit.--

16         (2)  When filing for an enterprise zone jobs credit, a

17  business must file under oath with the governing body or

18  enterprise zone development agency having jurisdiction over

19  the enterprise zone where the business is located, as

20  applicable, a statement which includes:

21         (a)  For each new employee for whom this credit is

22  claimed, the employee's name and place of residence during the

23  taxable year, including the identifying number assigned

24  pursuant to s. 290.0065 to the enterprise zone in which the

25  new employee resides if the new employee is a person residing

26  in an enterprise zone, and, if applicable, documentation that

27  the employee is a qualified Job Training Partnership Act

28  classroom training participant or a WAGES Program participant.

29         Section 25.  Subsection (10) is added to section

30  288.047, Florida Statutes, to read:

31         288.047  Quick-response training for economic

                                  18
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  development.--

 2         (10)  There is created a Quick-response Training

 3  Program for Work and Gain Economic Self-sufficiency (WAGES)

 4  participants. Enterprise Florida, Inc., may, at the discretion

 5  of the State WAGES Emergency Response Team, award

 6  quick-response training grants and develop applicable

 7  guidelines for the training of participants in the WAGES

 8  Program. In addition to a local economic development

 9  organization, grants must be endorsed by the applicable local

10  WAGES coalition and regional workforce development board.

11         (a)  Training funded pursuant to this subsection may

12  not exceed 12 months, and may be provided by the local

13  community college, school district, regional workforce

14  development board, or the business employing the participant,

15  including on-the-job training. Training will provide

16  entry-level skills to new workers, including those employed in

17  retail, who are participants in the WAGES Program.

18         (b)  WAGES participants trained pursuant to this

19  subsection must be employed at a wage not less than $6.00 per

20  hour.

21         (c)  Funds made available pursuant to this subsection

22  may be expended in connection with the relocation of a

23  business from one community to another community if approved

24  by the State WAGES Emergency Response Team.

25         Section 26.  Subsection (4) of section 370.28, Florida

26  Statutes, is amended, and subsection (5) is added to that

27  section to read:

28         370.28  Enterprise zone designation; communities

29  adversely impacted by net limitations.--

30         (4)  Notwithstanding the enterprise zone residency

31  requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),

                                  19
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  businesses located in enterprise zones designated pursuant to

 2  this section may receive the credit provided under s. 212.096

 3  or s. 220.181 for hiring any person within the jurisdiction of

 4  the county within which nominating community of such

 5  enterprise zone is located.  All other provisions of ss.

 6  212.096, 220.03(1)(q), and 220.181 apply to such businesses.

 7  To increase employment opportunities for WAGES clients and

 8  prevent other persons from reliance on WAGES benefits,

 9  notwithstanding the requirement specified in ss.

10  212.08(5)(g)5. and (h)5. and (15)(a) and 220.182(1)(b) that no

11  less than 20 percent of a business's employees, excluding

12  temporary and part-time employees, must be residents of an

13  enterprise zone for the business to qualify for the maximum

14  exemption or credit provided in ss. 212.08(5)(g) and (h) and

15  (15) and 220.182, a business that is located in an enterprise

16  zone designated pursuant to this section shall be qualified

17  for those maximum exemptions or credits if no less than 20

18  percent of such employees of the business are residents of the

19  jurisdiction of the county within which the enterprise zone is

20  located. All other provisions of ss. 212.08(5)(g) and (h) and

21  (15) and 220.182 apply to such business.

22         (5)  Notwithstanding the time limitations contained in

23  chapters 212 and 220, a business eligible to receive tax

24  credits under this section from January 1, 1997, to June 1,

25  1998, must submit an application for the tax credits by

26  December 1, 1998. All other requirements of the enterprise

27  zone program apply to such a business.

28

29  (Redesignate subsequent sections.)

30

31

                                  20
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 2, line 20, after the semicolon

 4

 5  and insert:

 6         creating s. 414.80, F.S.; designating specified

 7         sections as the "WAGES Emergency Response Act";

 8         creating 414.810, F.S.; providing legislative

 9         findings and intent; creating 414.811, F.S.;

10         providing for policy and purposes relating to

11         the WAGES Emergency Response Program; creating

12         s. 414.812, F.S.; limiting authority of the

13         State WAGES Emergency Response Team; creating

14         414.813, F.S.; providing for liberal

15         construction; creating 414.820, F.S.;

16         designating areas of critical state economic

17         concern; creating 414.830, F.S.; providing for

18         WAGES Emergency Response Team Coordinators;

19         providing team authorities; providing for

20         gubernatorial authorities; creating 414.840,

21         F.S.; creating Regional WAGES Emergency

22         Response Teams; providing for responsibilities;

23         creating s. 414.845, F.S.; creating local

24         project teams; providing for powers and

25         responsibilities for such teams; creating

26         414.850, F.S.; providing for expiration and

27         review of the WAGES Emergency Response Program;

28         creating 414.860, F.S.; providing for a

29         legislative oversight committee; requiring a

30         contract related to job creation and training

31         activities; amending s. 212.08, F.S.; exempting

                                  21
    5:12 PM   04/16/98                               s2524.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2524

    Amendment No.    





 1         certain property based in enterprise zones from

 2         the sales tax under certain circumstances;

 3         amending s. 212.096, F.S.; expanding enterprise

 4         zone sales tax credit to JTPA or WAGES Program

 5         participants not residing in an enterprise

 6         zone; requiring documentation; amending s.

 7         220.03, F.S.; expanding enterprise zone

 8         corporate tax credit to JTPA or WAGES Program

 9         participants not residing in an enterprise

10         zone; amending s. 220.181, F.S.; requiring

11         documentation; amending s. 288.047, F.S.;

12         creating a Quick-response Training Program for

13         WAGES participants; providing requirements;

14         amending s. 370.28, F.S.; providing that a

15         business located in an enterprise zone in a

16         community impacted by net limitations is

17         eligible for the maximum sales tax exemption

18         for building materials used in the

19         rehabilitation of real property in an

20         enterprise zone, for business property used in

21         an enterprise zone, and for electrical energy

22         used in an enterprise zone, and the maximum

23         enterprise zone property tax credit against the

24         corporate income tax, if a specified percentage

25         of its employees are residents of the

26         jurisdiction of the county, rather than of the

27         enterprise zone; requiring businesses eligible

28         to receive certain tax credits to apply for

29         such credits by a time certain;

30

31

                                  22
    5:12 PM   04/16/98                               s2524.cm05.0a