CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 297, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Silver moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 290.0491, Florida Statutes, is
18 created to read:
19 290.0491 Florida Empowerment Zones.--
20 (1) SHORT TITLE.--This section may be cited as the
21 "Florida Empowerment Zone Act."
22 (2) DEFINITIONS.--As used in this section, the term:
23 (a) "Department" means the Department of Community
24 Affairs.
25 (b) "Federal Empowerment Zone Program" means the
26 empowerment zone program established in 26 U.S.C. s. 1391 et
27 seq.
28 (c) "Nominated area" means an area nominated for
29 participation in the Federal Empowerment Zone Program.
30 (d) "Sponsoring designee" means the lead entity that
31 applied for and received the empowerment zone designation, but
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SENATE AMENDMENT
Bill No. HB 297, 1st Eng.
Amendment No.
1 does not include other entities that joined in the
2 application.
3 (3) LEGISLATIVE INTENT.--The Legislature recognizes
4 that it is in the public interest that the state create
5 economic opportunity in poverty-stricken areas and rebuild
6 such areas by empowering the people and communities within
7 these areas to create jobs and opportunities. The U.S.
8 Congress in 1997 provided that an additional 20 areas may be
9 designated as federal empowerment zones by January 1, 1999,
10 and, as such, be eligible for federal funding under the
11 Federal Empowerment Zone Program. The Legislature seeks to
12 promote local governments in submitting the strongest possible
13 proposals under the Federal Empowerment Zone Program by
14 establishing a companion state empowerment zone program.
15 (4) EMPOWERMENT ZONE PROGRAM.--There is created an
16 economic development program to be known as the Florida
17 Empowerment Zone Program. The program shall exist for 10 years
18 and, except as otherwise provided by law, be operated by the
19 Department of Community Affairs in conjunction with the
20 Federal Empowerment Zone Program.
21 (5) FUNDING.--For fiscal year 1999-2000, the sum of
22 $3,500,000 in nonrecurring general revenue is appropriated to
23 the Department of Community Affairs to implement this act. The
24 funds must be distributed by the department to each sponsoring
25 designee within the state which was announced in January 1999
26 as having the Federal Empowerment Zone designation under 26
27 U.S.C. s. 1391(g) or to each community that was awarded in
28 January 1999 the Rural Enterprise Community designation. From
29 those funds, at least $3,210,000, but not more than
30 $3,275,000, must be distributed to an urban sponsoring
31 designee and at least $220,000, but not more than $225,000,
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SENATE AMENDMENT
Bill No. HB 297, 1st Eng.
Amendment No.
1 must be distributed to a rural sponsoring designee or rural
2 enterprise community. The funds must be used for the benefit
3 of the nominated area and are contingent upon the sponsoring
4 designee or Rural Enterprise Community receiving Empowerment
5 Zone or Enterprise Community funds under federal law and
6 meeting the local-match requirements imposed by the Federal
7 Empowerment or Enterprise Community regulations and this
8 section.
9 Section 2. Paragraph (e) of subsection (2) of section
10 212.097, Florida Statutes, 1998 Supplement, is amended to
11 read:
12 212.097 Urban High-Crime Area Job Tax Credit
13 Program.--
14 (2) As used in this section, the term:
15 (e) "Qualified high-crime area" means an area selected
16 by the Office of Tourism, Trade, and Economic Development in
17 the following manner: every third year, the office shall rank
18 and tier those areas nominated under subsection (8), according
19 to the following prioritized criteria:
20 1. Highest arrest rates within the geographic area for
21 violent crime and for such other crimes as drug sale, drug
22 possession, prostitution, vandalism, and civil disturbances;
23 2. Highest reported crime volume and rate of specific
24 property crimes such as business and residential burglary,
25 motor vehicle theft, and vandalism;
26 3. Highest percentage of reported index crimes that
27 are violent in nature;
28 4. Highest overall index crime volume for the area;
29 and
30 5. Highest overall index crime rate for the geographic
31 area.
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Bill No. HB 297, 1st Eng.
Amendment No.
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2 Tier-one areas are ranked 1 through 5 and represent the
3 highest crime areas according to this ranking. Tier-two areas
4 are ranked 6 through 10 according to this ranking. Tier-three
5 areas are ranked 11 through 15. Notwithstanding this
6 definition, "qualified high-crime area" also means an area
7 that has been designated as a federal Empowerment Zone
8 pursuant to the Taxpayer Relief Act of 1997. Such a designated
9 area is ranked in Tier Three until the areas are reevaluated
10 by the Office of Tourism, Trade, and Economic Development.
11 Section 3. Paragraph (c) of subsection (2) of section
12 212.098, Florida Statutes, 1998 Supplement, is amended to
13 read:
14 212.098 Rural Job Tax Credit Program.--
15 (2) As used in this section, the term:
16 (c) "Qualified county" means a county that has a
17 population of fewer than 75,000 persons, or any county that
18 has a population of 100,000 or less and is contiguous to a
19 county that has a population of less than 75,000, selected in
20 the following manner: every third year, the Office of
21 Tourism, Trade, and Economic Development shall rank and tier
22 the state's counties according to the following four factors:
23 1. Highest unemployment rate for the most recent
24 36-month period.
25 2. Lowest per capita income for the most recent
26 36-month period.
27 3. Highest percentage of residents whose incomes are
28 below the poverty level, based upon the most recent data
29 available.
30 4. Average weekly manufacturing wage, based upon the
31 most recent data available.
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Bill No. HB 297, 1st Eng.
Amendment No.
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2 Tier-one qualified counties are those ranked 1 through 5 and
3 represent the state's least-developed counties according to
4 this ranking. Tier-two qualified counties are those ranked 6
5 through 10, and tier-three counties are those ranked 11
6 through 17 15. Notwithstanding this definition, "qualified
7 county" also means a county that contains an area that has
8 been designated as a federal Enterprise Community pursuant to
9 the 1999 Agricultural Appropriations Act. Such a designated
10 area shall be ranked in Tier Three until the areas are
11 reevaluated by the Office of Tourism, Trade, and Economic
12 Development.
13 Section 4. Subsection (5) of section 290.0065, Florida
14 Statutes, 1998 Supplement, is amended, and subsection (12) is
15 added to that section, to read:
16 290.0065 State designation of enterprise zones.--
17 (5) Notwithstanding s. 290.0055, an area designated as
18 a federal empowerment zone or enterprise community pursuant to
19 Title XIII of the Omnibus Budget Reconciliation Act of 1993,
20 the Taxpayer Relief Act of 1997, or the 1999 Agricultural
21 Appropriations Act shall be designated a state enterprise zone
22 as follows:
23 (a) An area designated as an urban empowerment zone or
24 urban enterprise community pursuant to Title XIII of the
25 Omnibus Budget Reconciliation Act of 1993 or the Taxpayer
26 Relief Act of 1997 shall be designated a state enterprise zone
27 by the department upon completion of the requirements set out
28 in paragraph (d), except in the case of a county as defined in
29 s. 125.011(1) which, notwithstanding s. 290.0055, may
30 incorporate and include such designated urban empowerment zone
31 or urban enterprise community areas within the boundaries of
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Bill No. HB 297, 1st Eng.
Amendment No.
1 its state enterprise zones without any limitation as to size.
2 (b) An area designated as a rural empowerment zone or
3 rural enterprise community pursuant to Title XIII of the
4 Omnibus Budget Reconciliation Act of 1993 or the 1999
5 Agricultural Appropriations Act shall be designated a state
6 enterprise zone by the department upon completion of the
7 requirements set out in paragraph (d).
8 (c) Any county or municipality having jurisdiction
9 over an area designated as a state enterprise zone pursuant to
10 this subsection, other than a county defined in s. 125.011(1),
11 may not apply for designation of another area.
12 (d) Prior to designating such areas as state
13 enterprise zones, the department shall ensure that the
14 governing body having jurisdiction over the zone submits the
15 strategic plan required pursuant to 7 C.F.R. part 25 or 24
16 C.F.R. part 597 to the department, and creates an enterprise
17 zone development agency pursuant to s. 290.0056.
18 (e) The department shall place any area designated as
19 a state enterprise zone pursuant to this subsection in the
20 appropriate category established in subsection (3), and
21 include such designations within the limitations on state
22 enterprise zone designations set out in subsection (1).
23 (12) Before December 31, 1999, any county as defined
24 in s. 125.011(1) may create a satellite enterprise zone not
25 exceeding 3 square miles in area outside of and,
26 notwithstanding anything contained in s. 290.0055(4) or
27 elsewhere, in addition to the previously designated 20 square
28 miles of enterprise zones. The Office of Tourism, Trade, and
29 Economic Development shall amend the boundaries of the areas
30 previously designated by any such county as enterprise zones
31 upon the receipt of a resolution adopted by such governing
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SENATE AMENDMENT
Bill No. HB 297, 1st Eng.
Amendment No.
1 body describing the satellite enterprise zone, as long as the
2 additional area is consistent with the categories, criteria,
3 and limitations imposed by s. 290.0055, provided that the
4 20-square-mile limitation and the requirements imposed by s.
5 290.0055(4)(d) do not apply to such satellite enterprise zone.
6 Section 5. Before December 31, 1999, any municipality
7 an area of which has previously received designation as an
8 Enterprise Zone in the population category described in
9 section 290.0065(3)(a)3., Florida Statutes, may create a
10 satellite enterprise zone not exceeding 1.5 square miles in
11 area outside of and, notwithstanding anything contained in
12 section 290.0055(4), Florida Statutes, or any other law, in
13 addition to the previously designated enterprise zone
14 boundaries. The Office of Tourism, Trade, and Economic
15 Development shall amend the boundaries of the areas previously
16 designated by any such municipality as enterprise zones upon
17 receipt of a resolution adopted by the municipality describing
18 the satellite enterprise zone areas, as long as the additional
19 areas are consistent with the categories, criteria, and
20 limitations imposed by section 290.0055, Florida Statutes.
21 However, the requirements imposed by section 290.0055(4)(d),
22 Florida Statutes, do not apply to such satellite enterprise
23 zone areas.
24 Section 6. This act shall take effect upon becoming a
25 law.
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28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 Delete everything before the enacting clause
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SENATE AMENDMENT
Bill No. HB 297, 1st Eng.
Amendment No.
1 and insert:
2 A bill to be entitled
3 An act relating to special-purpose zones;
4 authorizing municipalities to designate
5 satellite enterprise zones; creating s.
6 290.0491, F.S.; creating the "Florida
7 Empowerment Zone Act"; defining terms;
8 providing legislative intent; providing for
9 administration by the Department of Community
10 Affairs; providing an appropriation; providing
11 requirements for eligibility; amending s.
12 212.097, F.S.; defining as a "qualified
13 high-crime area" areas receiving 1999 federal
14 empowerment zone designation; amending s.
15 212.098, F.S.; defining as a "qualified county"
16 a county that contains an area receiving 1999
17 enterprise community designation; amending s.
18 290.0065, F.S.; designating areas receiving
19 1999 federal empowerment zone or rural
20 enterprise community designations as state
21 enterprise zones and authorizing satellite
22 enterprise zones; providing an effective date.
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