Senate Bill 2576

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    Florida Senate - 2000                                  SB 2576

    By Senator Kirkpatrick





    5-1609A-00

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 163.3164, F.S.; exempting certain

  4         activities from the term "development" for the

  5         purposes of the Local Government Comprehensive

  6         Planning and Land Development Regulation Act;

  7         amending s. 290.004, F.S.; defining the term

  8         "rural enterprise zone"; creating s. 290.00676,

  9         F.S.; authorizing the Office of Tourism, Trade,

10         and Economic Development to amend the

11         boundaries of a rural enterprise zone and

12         providing requirements with respect thereto;

13         creating s. 290.00677, F.S.; modifying the

14         employee residency requirements for the

15         enterprise zone job credit against the sales

16         tax and corporate income tax, if the business

17         is located in a rural enterprise zone;

18         modifying the employee residency requirements

19         for maximum exemptions or credits with respect

20         to the sales tax credits for enterprise zone

21         job creation, for building materials used in

22         the rehabilitation of real property in an

23         enterprise zone, for business property used in

24         an enterprise zone, and for electrical energy

25         used in an enterprise zone, and the corporate

26         income tax enterprise zone job creation

27         property tax credits, if the business is

28         located in a rural enterprise zone; providing

29         application time limitations; creating s.

30         290.00694, F.S.; authorizing the Office of

31         Tourism, Trade, and Economic Development to

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    Florida Senate - 2000                                  SB 2576
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  1         designate rural champion communities as

  2         enterprise zones; providing requirements with

  3         respect thereto; providing an effective date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Subsection (6) of section 163.3164, Florida

  8  Statutes, is amended to read:

  9         163.3164  Definitions.--As used in this act:

10         (6)  "Development" has the meaning given it in s.

11  380.04 and the exemptions given it in s. 380.04(3).

12         Section 2.  Present subsections (8) and (9) of section

13  290.004, Florida Statutes, are renumbered as subsections (9)

14  and (10), respectively, and a new subsection (8) is added to

15  that section to read:

16         290.004  Definitions.--As used in ss. 290.001-290.016:

17         (8)  "Rural enterprise zone" means an enterprise zone

18  that is nominated by a county with a population of 75,000 or

19  fewer, or a county with a population of 100,000 or fewer which

20  is contiguous to a county with a population of 75,000 or

21  fewer, or by a municipality in such a county, or by such a

22  county and one or more municipalities. An enterprise zone

23  designated in accordance with s. 370.28 shall be considered a

24  rural enterprise zone.

25         Section 3.  Section 290.00676, Florida Statutes, is

26  created to read:

27         290.00676  Amendment of rural enterprise zone

28  boundaries.--Notwithstanding any other provision of law, the

29  Office of Tourism, Trade, and Economic Development may amend

30  the boundaries of a rural enterprise zone. For purposes of

31  boundary amendments, an enterprise zone designated under s.

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    Florida Senate - 2000                                  SB 2576
    5-1609A-00




  1  370.28 shall be considered a rural enterprise zone and is

  2  eligible for amendment of its boundaries. Boundary amendments

  3  authorized by this section are subject to the following

  4  requirements:

  5         (1)  The amendment may increase the size of the rural

  6  enterprise zone to 15 square miles.

  7         (2)  The amendment may increase the number of

  8  noncontiguous areas by one, if that noncontiguous area has

  9  zero population. For purposes of this subsection, the

10  pervasive poverty criteria may be set aside for the addition

11  of a noncontiguous parcel.

12         (3)  The local enterprise zone development agency must

13  request the amendment prior to December 30, 2000. The request

14  must contain maps and sufficient information to allow the

15  office to determine the number of noncontiguous areas and the

16  total size of the rural enterprise zone.

17         Section 4.  Section 290.00677, Florida Statutes, is

18  created to read:

19         290.00677  Rural enterprise zones; special

20  qualifications.--

21         (1)  Notwithstanding the enterprise zone residency

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

23  businesses located in rural enterprise zones may receive the

24  credit provided under s. 212.096 or s. 220.181 for hiring any

25  person within the jurisdiction of a rural county, as defined

26  by s. 288.106(2)(r). All other provisions of ss. 212.096,

27  220.03(1)(q), and 220.181 apply to such businesses.

28         (2)  Notwithstanding the requirement specified in ss.

29  212.08(5)(g)5., (5)(h)5., and (15)(a), 212.096(2)(b)1.,

30  220.181(1)(a)1., and 220.182(1)(b) that no less than 20

31  percent of a business's employees, excluding temporary and

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    Florida Senate - 2000                                  SB 2576
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  1  part-time employees, must be residents of an enterprise zone

  2  for the business to qualify for the maximum exemption or

  3  credit provided in ss. 212.08(5)(g) and (h) and (15),

  4  212.096(2)(b)1., 220.181, and 220.182, a business that is

  5  located in a rural enterprise zone shall be qualified for

  6  those maximum exemptions or credits if no less than 20 percent

  7  of such employees of the business are residents of a rural

  8  county, as defined by s. 288.106(2)(r). All other provisions

  9  of ss. 212.08(5)(g) and (h) and (15), 212.096, 220.181, and

10  220.182 apply to such business.

11         (3)  Notwithstanding the time limitations contained in

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

13  credits under this section from January 1, 2000, to June 1,

14  2000, must submit an application for the tax credits by

15  December 1, 2000. All other requirements of the enterprise

16  zone program apply to such a business.

17         Section 5.  Section 290.00694, Florida Statutes, is

18  created to read:

19         290.00694  Enterprise zone designation for rural

20  champion communities.--An area designated as a rural champion

21  community pursuant to the Taxpayer Relief Act of 1997 may

22  apply to the Office of Tourism, Trade, and Economic

23  Development for designation as an enterprise zone. The

24  application must be submitted by December 31, 2000, and must

25  comply with the requirements of s. 290.0055. Notwithstanding

26  the provisions of s. 290.0065 limiting the total number of

27  enterprise zones designated and the number of enterprise zones

28  within a population category, the Office of Tourism, Trade,

29  and Economic Development may designate enterprise zones under

30  this section. The Office of Tourism, Trade, and Economic

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    Florida Senate - 2000                                  SB 2576
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  1  Development shall establish the initial effective date of the

  2  enterprise zones designated pursuant to this section.

  3         Section 6.  This act shall take effect upon becoming a

  4  law.

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  6            *****************************************

  7                          SENATE SUMMARY

  8    Revises provisions relating to economic development and
      exempts certain activities from the definition of
  9    "development" for specified purposes. Defines the term
      "rural enterprise zone". Provides that certain areas may
10    be designated as state enterprise zones. Eliminates
      references to certain federal laws. Authorizes the Office
11    of Tourism, Trade, and Economic Development to amend the
      boundaries of rural enterprise zones and establishes
12    standards for such amendments. Exempts businesses in
      rural enterprise zones from certain conditions pertaining
13    to the award of tax exemptions or credits. (See bill for
      details.)
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