Senate Bill sb1216

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    Florida Senate - 2001                                  SB 1216

    By the Committee on Commerce and Economic Opportunities





    310-1433A-01

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 212.08, F.S.; revising certain

  4         procedures and conditions relating to the sales

  5         tax exemption for enterprise-zone building

  6         materials and business property; extending the

  7         community contribution tax credit provisions of

  8         the enterprise zone program to the state sales

  9         tax; amending s. 212.096, F.S.; redefining the

10         terms "eligible business" and "new employee";

11         defining the term "jobs"; revising the

12         computation procedures of the enterprise-zone

13         jobs credit against sales tax; amending s.

14         212.098, F.S.; redefining the term "eligible

15         business"; providing for reduction or waiver of

16         certain financial match requirements in rural

17         areas by Rural Economic Development Initiative

18         agencies and organizations; amending s. 220.03,

19         F.S.; redefining the terms "new employee" and

20         "project"; defining the term "new job has been

21         created"; amending s. 220.181, F.S.; revising

22         the computation procedures of the

23         enterprise-zone job credit against the

24         corporate income tax; amending s. 220.183,

25         F.S.; revising the eligibility, application,

26         and administrative requirements of the

27         community contribution corporate income tax

28         credit program; increasing the limitation on

29         annual credits; amending s. 288.018, F.S.;

30         revising administration and uses of the

31         Regional Rural Development Grants Program;

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  1         creating s. 288.019, F.S.; providing for a

  2         review and evaluation process of rural grants

  3         by Rural Economic Development Initiative

  4         agencies; amending s. 288.065, F.S.; expanding

  5         the scope of the Rural Community Revolving Loan

  6         Fund Program; amending s. 288.0656, F.S.;

  7         revising the membership of the Rural Economic

  8         Development Initiative; requiring an annual

  9         designation of staff representatives; amending

10         s. 288.1088, F.S.; expanding eligible uses of

11         the Quick Action Closing Fund; amending s.

12         288.9015, F.S.; revising the duties of

13         Enterprise Florida, Inc.; amending s. 290.004,

14         F.S.; defining the term "rural enterprise

15         zone"; amending s. 290.0065, F.S.; providing

16         for certain rural enterprise zones; conforming

17         agency references to changes in program

18         administration; authorizing the Office of

19         Tourism, Trade, and Economic Development in

20         consultation with Enterprise Florida, Inc., to

21         develop guidelines relating to the designation

22         of enterprise zones; creating s. 290.00676,

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

24         and Economic Development to amend the

25         boundaries of a rural enterprise zone and

26         providing requirements with respect thereto;

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

28         employee residency requirements for the

29         enterprise-zone job credit against the sales

30         tax and corporate income tax if the business is

31         located in a rural enterprise zone; creating s.

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  1         290.00694, F.S.; authorizing the Office of

  2         Tourism, Trade, and Economic Development to

  3         designate rural champion communities as

  4         enterprise zones; providing requirements with

  5         respect thereto; amending s. 290.007, F.S.;

  6         revising the list of enterprise zone incentives

  7         to reflect the creation of a community

  8         contribution sales tax credit program;

  9         repealing s. 370.28(4), F.S., which provides

10         conditions for tax incentives in enterprise

11         zone net-ban communities; amending s. 420.507,

12         F.S.; authorizing the Florida Housing Finance

13         Corporation to create a recognition program to

14         support affordable housing; amending s.

15         624.5105, F.S.; increasing the annual

16         limitation on community contribution tax

17         credits; conforming definitions; revising

18         eligibility and administrative requirements;

19         providing effective dates.

20

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

22

23         Section 1.  Paragraphs (g) and (h) of subsection (5) of

24  section 212.08, Florida Statutes, are amended, and paragraph

25  (q) is added to that subsection, to read:

26         212.08  Sales, rental, use, consumption, distribution,

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

28  the rental, the use, the consumption, the distribution, and

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

30  following are hereby specifically exempt from the tax imposed

31  by this chapter.

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

  2         (g)  Building materials used in the rehabilitation of

  3  real property located in an enterprise zone.--

  4         1.  Beginning July 1, 1995, building materials used in

  5  the rehabilitation of real property located in an enterprise

  6  zone shall be exempt from the tax imposed by this chapter upon

  7  an affirmative showing to the satisfaction of the department

  8  that the items have been used for the rehabilitation of real

  9  property located in an enterprise zone. Except as provided in

10  subparagraph 2., this exemption inures to the owner, lessee,

11  or lessor of the rehabilitated real property located in an

12  enterprise zone only through a refund of previously paid

13  taxes. To receive a refund pursuant to this paragraph, the

14  owner, lessee, or lessor of the rehabilitated real property

15  located in an enterprise zone must file an application under

16  oath with the governing body or enterprise zone development

17  agency having jurisdiction over the enterprise zone where the

18  business is located, as applicable, which includes:

19         a.  The name and address of the person claiming the

20  refund.

21         b.  An address and assessment roll parcel number of the

22  rehabilitated real property in an enterprise zone for which a

23  refund of previously paid taxes is being sought.

24         c.  A description of the improvements made to

25  accomplish the rehabilitation of the real property.

26         d.  A copy of the building permit issued for the

27  rehabilitation of the real property.

28         e.  A sworn statement, under the penalty of perjury,

29  from the general contractor licensed in this state with whom

30  the applicant contracted to make the improvements necessary to

31  accomplish the rehabilitation of the real property, which

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  1  statement lists the building materials used in the

  2  rehabilitation of the real property, the actual cost of the

  3  building materials, and the amount of sales tax paid in this

  4  state on the building materials. In the event that a general

  5  contractor has not been used, the applicant shall provide this

  6  information in a sworn statement, under the penalty of

  7  perjury. Copies of the invoices which evidence the purchase of

  8  the building materials used in such rehabilitation and the

  9  payment of sales tax on the building materials shall be

10  attached to the sworn statement provided by the general

11  contractor or by the applicant. Unless the actual cost of

12  building materials used in the rehabilitation of real property

13  and the payment of sales taxes due thereon is documented by a

14  general contractor or by the applicant in this manner, the

15  cost of such building materials shall be an amount equal to 40

16  percent of the increase in assessed value for ad valorem tax

17  purposes.

18         f.  The identifying number assigned pursuant to s.

19  290.0065 to the enterprise zone in which the rehabilitated

20  real property is located.

21         g.  A certification by the local building code

22  inspector that the improvements necessary to accomplish the

23  rehabilitation of the real property are substantially

24  completed.

25         h.  Whether the business is a small business as defined

26  by s. 288.703(1).

27         i.  If applicable, the name and address of each

28  permanent employee of the business, including, for each

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

30  identifying number assigned pursuant to s. 290.0065 to the

31  enterprise zone in which the employee resides.

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  1         2.  This exemption inures to a city, county, or other

  2  governmental agency, or nonprofit community-based organization

  3  through a refund of previously paid taxes if the building

  4  materials used in the rehabilitation of real property located

  5  in an enterprise zone are paid for from the funds of a

  6  community development block grant, State Housing Initiatives

  7  Partnership Program, or similar grant or loan program. To

  8  receive a refund pursuant to this paragraph, a city, county,

  9  or other governmental agency, or nonprofit community-based

10  organization must file an application which includes the same

11  information required to be provided in subparagraph 1. by an

12  owner, lessee, or lessor of rehabilitated real property. In

13  addition, the application must include a sworn statement

14  signed by the chief executive officer of the city, county, or

15  other governmental agency, or nonprofit community-based

16  organization seeking a refund which states that the building

17  materials for which a refund is sought were paid for from the

18  funds of a community development block grant, State Housing

19  Initiatives Partnership Program, or similar grant or loan

20  program.

21         3.  Within 10 working days after receipt of an

22  application, the governing body or enterprise zone development

23  agency shall review the application to determine if it

24  contains all the information required pursuant to subparagraph

25  1. or subparagraph 2. and meets the criteria set out in this

26  paragraph. The governing body or agency shall certify all

27  applications that contain the information required pursuant to

28  subparagraph 1. or subparagraph 2. and meet the criteria set

29  out in this paragraph as eligible to receive a refund. If

30  applicable, the governing body or agency shall also certify if

31  20 percent of the employees of the business are residents of

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  1  an enterprise zone, excluding temporary and part-time

  2  employees. The certification shall be in writing, and a copy

  3  of the certification shall be transmitted to the executive

  4  director of the Department of Revenue. The applicant shall be

  5  responsible for forwarding a certified application to the

  6  department within the time specified in subparagraph 4.

  7         4.  An application for a refund pursuant to this

  8  paragraph must be submitted to the department within 6 months

  9  after the rehabilitation of the property is deemed to be

10  substantially completed by the local building code inspector

11  or within 90 days after the rehabilitated property is first

12  subject to assessment.

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

14  refund application made pursuant to this paragraph. No more

15  than one exemption through a refund of previously paid taxes

16  for the rehabilitation of real property shall be permitted for

17  any one parcel of real property. No refund shall be granted

18  pursuant to this paragraph unless the amount to be refunded

19  exceeds $500. No refund granted pursuant to this paragraph

20  shall exceed the lesser of 97 percent of the Florida sales or

21  use tax paid on the cost of the building materials used in the

22  rehabilitation of the real property as determined pursuant to

23  sub-subparagraph 1.e. or $5,000, or, if no less than 20

24  percent of the employees of the business are residents of an

25  enterprise zone, excluding temporary and part-time employees,

26  the amount of refund granted pursuant to this paragraph shall

27  not exceed the lesser of 97 percent of the sales tax paid on

28  the cost of such building materials or $10,000. A refund

29  approved pursuant to this paragraph shall be made within 30

30  days of formal approval by the department of the application

31  for the refund.

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  1         6.  The department shall adopt rules governing the

  2  manner and form of refund applications and may establish

  3  guidelines as to the requisites for an affirmative showing of

  4  qualification for exemption under this paragraph.

  5         7.  The department shall deduct an amount equal to 10

  6  percent of each refund granted under the provisions of this

  7  paragraph from the amount transferred into the Local

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

  9  s. 212.20 for the county area in which the rehabilitated real

10  property is located and shall transfer that amount to the

11  General Revenue Fund.

12         8.  For the purposes of the exemption provided in this

13  paragraph:

14         a.  "Building materials" means tangible personal

15  property which becomes a component part of improvements to

16  real property.

17         b.  "Real property" has the same meaning as provided in

18  s. 192.001(12).

19         c.  "Rehabilitation of real property" means the

20  reconstruction, renovation, restoration, rehabilitation,

21  construction, or expansion of improvements to real property.

22         d.  "Substantially completed" has the same meaning as

23  provided in s. 192.042(1).

24         9.  The provisions of this paragraph shall expire and

25  be void on December 31, 2005.

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

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

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

29  subsequently used in an enterprise zone shall be exempt from

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

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

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  1  refund shall be authorized upon an affirmative showing by the

  2  taxpayer to the satisfaction of the department that the

  3  requirements of this paragraph have been met.

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

  5  oath with the governing body or enterprise zone development

  6  agency having jurisdiction over the enterprise zone where the

  7  business is located, as applicable, an application which

  8  includes:

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

10  refund.

11         b.  The identifying number assigned pursuant to s.

12  290.0065 to the enterprise zone in which the business is

13  located.

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

15  refund is sought, including its serial number or other

16  permanent identification number.

17         d.  The location of the property.

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

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

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

21  from whom the property was purchased.

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

23  by s. 288.703(1).

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

25  permanent employee of the business, including, for each

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

27  identifying number assigned pursuant to s. 290.0065 to the

28  enterprise zone in which the employee resides.

29         3.  Within 10 working days after receipt of an

30  application, the governing body or enterprise zone development

31  agency shall review the application to determine if it

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  1  contains all the information required pursuant to subparagraph

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

  3  governing body or agency shall certify all applications that

  4  contain the information required pursuant to subparagraph 2.

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

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

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

  8  business are residents of an enterprise zone, excluding

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

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

11  transmitted to the executive director of the Department of

12  Revenue. The business shall be responsible for forwarding a

13  certified application to the department within the time

14  specified in subparagraph 4.

15         4.  An application for a refund pursuant to this

16  paragraph must be submitted to the department within 6 months

17  after the tax is due on the business property that is

18  purchased.

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

20  refund application made pursuant to this paragraph. The amount

21  refunded on purchases of business property under this

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

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

24  20 percent of the employees of the business are residents of

25  an enterprise zone, excluding temporary and part-time

26  employees, the amount refunded on purchases of business

27  property under this paragraph shall be the lesser of 97

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

29  $10,000. A refund approved pursuant to this paragraph shall be

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

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

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  1  under this paragraph unless the amount to be refunded exceeds

  2  $100 in sales tax paid on purchases made within a 60-day time

  3  period.

  4         6.  The department shall adopt rules governing the

  5  manner and form of refund applications and may establish

  6  guidelines as to the requisites for an affirmative showing of

  7  qualification for exemption under this paragraph.

  8         7.  If the department determines that the business

  9  property is used outside an enterprise zone within 3 years

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

11  business purchasing such business property shall immediately

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

13  with the appropriate interest and penalty, computed from the

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

15  Notwithstanding this subparagraph, business property used

16  exclusively in:

17         a.  Licensed commercial fishing vessels,

18         b.  Fishing guide boats, or

19         c.  Ecotourism guide boats

20

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

22  designated under s. 370.28 are eligible for the exemption

23  provided under this paragraph if all requirements of this

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

25  business that is eligible to receive the exemption provided

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

27  purchase of a vessel or boat.

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

29  percent of each refund granted under the provisions of this

30  paragraph from the amount transferred into the Local

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

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

  2  is located and shall transfer that amount to the General

  3  Revenue Fund.

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

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

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

  7  as amended, except:

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

  9  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

10         b.  Industrial machinery and equipment as defined in

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

12  paragraph (b); and

13         c.  Building materials as defined in sub-subparagraph

14  (g)8.a.; and

15         d.  Business property having a sales price of under

16  $500 per unit.

17         10.  The provisions of this paragraph shall expire and

18  be void on December 31, 2005.

19         (q)  Community contribution tax credit for donations.--

20         1.  Authorization.--Beginning July 1, 2001, persons who

21  are registered with the department under s. 212.18 to collect

22  or remit sales or use tax and who make donations to eligible

23  sponsors are eligible for tax credits against their state

24  sales and use tax liabilities as provided in this paragraph:

25         a.  The credit shall be computed as 50 percent of the

26  person's approved annual community contribution;

27         b.  The credit shall be granted as a refund against

28  state sales and use taxes reported on returns and remitted in

29  the 12 months preceding the date of application to the

30  department for the credit as required in sub-subparagraph 3.c.

31  If the annual credit is not fully used through such refund

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  1  because of insufficient tax payments during the applicable

  2  12-month period, the unused amount may be included in an

  3  application for a refund made pursuant to sub-subparagraph

  4  3.c. in subsequent years against the total tax payments made

  5  for such year. Carryover credits may be applied for a 3-year

  6  period without regard to any time limitation that would

  7  otherwise apply under s. 215.26;

  8         c.  No person shall receive more than $200,000 in

  9  annual tax credits for all approved community contributions

10  made in any one year;

11         d.  All proposals for the granting of the tax credit

12  shall require the prior approval of the Office of Tourism,

13  Trade, and Economic Development;

14         e.  The total amount of tax credits which may be

15  granted for all programs approved under this paragraph, s.

16  220.183, and s. 624.5105 is $20 million annually; and

17         f.  A person who is eligible to receive the credit

18  provided for in this paragraph, s. 220.183, or s. 624.5105 may

19  receive the credit only under the one section of the person's

20  choice.

21         2.  Eligibility requirements.--

22         a.  A community contribution by a person must be in the

23  following form:

24         (I)  Cash or other liquid assets;

25         (II)  Real property;

26         (III)  Goods or inventory; or

27         (IV)  Other physical resources as identified by the

28  Office of Tourism, Trade, and Economic Development.

29         b.  All community contributions must be reserved

30  exclusively for use in a project. As used in this

31  sub-subparagraph, the term "project" means any activity

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  1  undertaken by an eligible sponsor which is designed to

  2  construct, improve, or substantially rehabilitate housing that

  3  is affordable to low-income or very-low-income households as

  4  defined in s. 420.9071(19) and (28); designed to provide

  5  commercial, industrial, or public resources and facilities; or

  6  designed to improve entrepreneurial and job-development

  7  opportunities for low-income persons. A project may be the

  8  investment necessary to increase access to high-speed

  9  broadband capability in rural communities with enterprise

10  zones, including projects that result in improvements to

11  communications assets that are owned by a business. This

12  paragraph does not preclude projects that propose to construct

13  or rehabilitate housing for low-income or very-low-income

14  households on scattered sites. The Office of Tourism, Trade,

15  and Economic Development may reserve up to 50 percent of the

16  available annual tax credits for housing for very-low-income

17  households pursuant to s. 420.9071(28) for the first 6 months

18  of the fiscal year. With respect to housing, contributions may

19  be used to pay the following eligible low-income and

20  very-low-income housing-related activities:

21         (I)  Project development impact and management fees for

22  low-income or very-low-income housing projects;

23         (II)  Down payment and closing costs for eligible

24  persons, as defined in s. 420.9071(19) and (28);

25         (III)  Administrative costs, including housing

26  counseling and marketing fees, not to exceed 10 percent of the

27  community contribution, directly related to low-income or

28  very-low-income projects; and

29         (IV)  Removal of liens recorded against residential

30  property by municipal, county, or special-district local

31  governments when satisfaction of the lien is a necessary

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  1  precedent to the transfer of the property to an eligible

  2  person, as defined in s. 420.9071(19) and (28), for the

  3  purpose of promoting home ownership. Contributions for lien

  4  removal must be received from a nonrelated third party.

  5         c.  The project must be undertaken by an "eligible

  6  sponsor," which includes:

  7         (I)  A community action program;

  8         (II)  A nonprofit community-based development

  9  organization whose mission is the provision of housing for

10  low-income or very-low-income households or increasing

11  entrepreneurial and job-development opportunities for

12  low-income persons;

13         (III)  A neighborhood housing services corporation;

14         (IV)  A local housing authority created under chapter

15  421;

16         (V)  A community redevelopment agency created under s.

17  163.356;

18         (VI)  The Florida Industrial Development Corporation;

19         (VII)  An historic preservation district agency or

20  organization;

21         (VIII)  A regional workforce board;

22         (IX)  A direct-support organization as provided in s.

23  240.551;

24         (X)  An enterprise zone development agency created

25  under s. 290.0056;

26         (XI)  A community-based organization incorporated under

27  chapter 617 which is recognized as educational, charitable, or

28  scientific pursuant to s. 501(c)(3) of the Internal Revenue

29  Code and whose by-laws and articles of incorporation include

30  affordable housing, economic development, or community

31  development as the primary mission of the corporation;

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  1         (XII)  Units of local government;

  2         (XIII)  Units of state government; or

  3         (XIV)  Any other agency that the Office of Tourism,

  4  Trade, and Economic Development designates by rule.

  5

  6  In no event may a contributing person have a financial

  7  interest in the eligible sponsor.

  8         d.  The project must be located in an area designated

  9  an enterprise zone or a Front Porch Florida community pursuant

10  to s. 14.2015(9)(b), unless the project increases access to

11  high-speed broadband capability for rural communities with

12  enterprise zones but is physically located outside the

13  designated rural zone boundaries. Any project designed to

14  construct or rehabilitate housing for low-income or

15  very-low-income households as defined in s. 420.0971(19) and

16  (28) is exempt from the area requirement of this

17  sub-subparagraph.

18         3.  Application requirements.--

19         a.  Any eligible sponsor seeking to participate in this

20  program must submit a proposal to the Office of Tourism,

21  Trade, and Economic Development which sets forth the name of

22  the sponsor, a description of the project and the area in

23  which the project is located, together with such supporting

24  information as is prescribed by rule. The proposal must also

25  contain a resolution from the local governmental unit in which

26  the project is located certifying that the project is

27  consistent with local plans and regulations.

28         b.  Any person seeking to participate in this program

29  must submit an application for tax credit to the Office of

30  Tourism, Trade, and Economic Development which sets forth the

31  name of the sponsor, a description of the project, and the

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  1  type, value, and purpose of the contribution. The sponsor

  2  shall verify the terms of the application and indicate its

  3  receipt of the contribution, which verification must be in

  4  writing and accompany the application for tax credit. The

  5  person must submit a separate tax credit application to the

  6  office for each individual contribution that it makes to each

  7  individual project.

  8         c.  Any person who has received notification from the

  9  Office of Tourism, Trade, and Economic Development that a tax

10  credit has been approved must apply to the department to

11  receive the refund. Application must be made on the form

12  prescribed for claiming refunds of sales and use taxes and be

13  accompanied by a copy of the notification. A person may submit

14  only one application for refund to the department within any

15  12-month period.

16         4.  Administration.--

17         a.  The Office of Tourism, Trade, and Economic

18  Development may adopt rules pursuant to ss. 120.536(1) and

19  120.54 necessary to administer this paragraph, including rules

20  for the approval or disapproval of proposals by a person.

21         b.  The decision of the Office of Tourism, Trade, and

22  Economic Development must be in writing, and, if approved, the

23  notification shall state the maximum credit allowable to the

24  person. Upon approval, the office shall transmit a copy of the

25  decision to the Department of Revenue.

26         c.  The Office of Tourism, Trade, and Economic

27  Development shall periodically monitor all projects in a

28  manner consistent with available resources to ensure that

29  resources are used in accordance with this paragraph; however,

30  each project must be reviewed at least once every 2 years.

31

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  1         d.  The Office of Tourism, Trade, and Economic

  2  Development shall, in consultation with the Department of

  3  Community Affairs, the Florida Housing Finance Corporation,

  4  and the statewide and regional housing and financial

  5  intermediaries, market the availability of the community

  6  contribution tax credit program to community-based

  7  organizations.

  8         5.  Expiration.--This paragraph expires June 30, 2005;

  9  however, any accrued credit carryover that is unused on that

10  date may be used until the expiration of the 3-year carryover

11  period for such credit.

12         Section 2.  Effective January 1, 2002, section 212.096,

13  Florida Statutes, is amended to read:

14         212.096  Sales, rental, storage, use tax; enterprise

15  zone jobs credit against sales tax.--

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

17  section:

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

19  firm, partnership, corporation, bank, savings association,

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

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

22  enterprise zone. The business must demonstrate to the

23  department that the total number of full-time jobs defined

24  under paragraph (d) has increased from the average of the

25  previous 12 months or that the business has added a minimum of

26  five new full-time jobs in an enterprise zone since July 1,

27  2000. An eligible business does not include any business which

28  has claimed the credit permitted under s. 220.181 for any new

29  business employee first beginning employment with the business

30  after July 1, 1995.

31

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

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

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

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

  5  month.

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

  7  enterprise zone, a qualified Job Training Partnership Act

  8  classroom training participant, or a participant in the

  9  welfare transition program participant who begins employment

10  with an eligible business after July 1, 1995, and who has not

11  been previously employed within the preceding 12 months by the

12  eligible business, or a successor eligible business, claiming

13  the credit allowed by this section.

14         (d)  "Jobs" means full-time positions, as consistent

15  with terms used by the Agency for Workforce Innovation and the

16  United States Department of Labor for purposes of unemployment

17  compensation tax administration and employment estimation

18  resulting directly from a project in this state. This number

19  may not include temporary construction jobs involved with the

20  construction of facilities for the project or any jobs that

21  have previously been included in any application for tax

22  refunds under s. 220.181(1).

23

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

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

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

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

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

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

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

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

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  1         (2)(a)  It is the legislative intent to encourage the

  2  provision of meaningful employment opportunities which will

  3  improve the quality of life of those employed and to encourage

  4  economic expansion of enterprise zones and the state.

  5  Therefore, beginning January July 1, 2002 1995, upon an

  6  affirmative showing by a business to the satisfaction of the

  7  department that the requirements of this section have been

  8  met, the business shall be allowed a credit against the tax

  9  remitted under this chapter.

10         (b)  The credit shall be computed as 20 follows:

11         1.  Ten percent of the actual monthly wages paid in

12  this state to each new employee hired when a new job has been

13  created, as defined under s. 220.03(1)(ff), unless the

14  business is located within a rural enterprise zone pursuant to

15  s. 290.004(8), in which case the credit shall be 30 percent of

16  the actual monthly wages paid whose wages do not exceed $1,500

17  a month. If no less than 20 percent of the employees of the

18  business are residents of an enterprise zone, excluding

19  temporary and part-time employees, the credit shall be

20  computed as 30 15 percent of the actual monthly wages paid in

21  this state to each new employee hired when a new job has been

22  created, unless the business is located within a rural

23  enterprise zone, in which case the credit shall be 45 percent

24  of the actual monthly wages paid.;

25         2.  Five percent of the first $1,500 of actual monthly

26  wages paid in this state for each new employee whose wages

27  exceed $1,500 a month; or

28         3.  Fifteen percent of the first $1,500 of actual

29  monthly wages paid in this state for each new employee who is

30  a WAGES Program participant pursuant to chapter 414.

31

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  1  For purposes of this paragraph, monthly wages shall be

  2  computed as one-twelfth of the expected annual wages paid to

  3  such employee. The amount paid as wages to a new employee is

  4  the compensation paid to such employee that is subject to

  5  unemployment tax. The credit shall be allowed for up to 24 12

  6  consecutive months, beginning with the first tax return due

  7  pursuant to s. 212.11 after approval by the department.

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

  9  business must file under oath with the governing body or

10  enterprise zone development agency having jurisdiction over

11  the enterprise zone where the business is located, as

12  applicable, a statement which includes:

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

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

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

16  enterprise zone in which the employee resides if the new

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

18  applicable, documentation that the employee is a qualified Job

19  Training Partnership Act classroom training participant or a

20  welfare transition program participant.

21         (b)  If applicable, the name and address of each

22  permanent employee of the business, including, for each

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

24  identifying number assigned pursuant to s. 290.0065 to the

25  enterprise zone in which the employee resides.

26         (c)  The name and address of the eligible business.

27         (d)  The starting salary or hourly wages paid to the

28  new employee.

29         (e)  Demonstration to the department that the total

30  number of full-time jobs defined under paragraph (1)(d) has

31

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  1  increased in an enterprise zone from the average of the

  2  previous 12 months.

  3         (f)(e)  The identifying number assigned pursuant to s.

  4  290.0065 to the enterprise zone in which the business is

  5  located.

  6         (g)(f)  Whether the business is a small business as

  7  defined by s. 288.703(1).

  8         (h)(g)  Within 10 working days after receipt of an

  9  application, the governing body or enterprise zone development

10  agency shall review the application to determine if it

11  contains all the information required pursuant to this

12  subsection and meets the criteria set out in this section. The

13  governing body or agency shall certify all applications that

14  contain the information required pursuant to this subsection

15  and meet the criteria set out in this section as eligible to

16  receive a credit. If applicable, the governing body or agency

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

18  business are residents of an enterprise zone, excluding

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

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

21  transmitted to the executive director of the Department of

22  Revenue. The business shall be responsible for forwarding a

23  certified application to the department within the time

24  specified in paragraph (i) (h).

25         (i)(h)  All applications for a credit pursuant to this

26  section must be submitted to the Enterprise Zone Development

27  Agency department within 6 4 months after the new employee is

28  hired.

29         (4)  Within 10 working days after receipt of a

30  completed application for a credit authorized in this section,

31  the department shall inform the business that the application

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  1  has been approved. The credit may be taken on the first return

  2  due after receipt of approval from the department.

  3         (5)(4)  In the event the application is incomplete or

  4  insufficient to support the credit authorized in this section,

  5  the department shall deny the credit and notify the business

  6  of that fact. The business may reapply for this credit.

  7         (6)(5)  The credit provided in this section does not

  8  apply:

  9         (a)  For any new employee who is an owner, partner, or

10  stockholder of an eligible business.

11         (b)  For any new employee who is employed for any

12  period less than 3 full calendar months.

13         (7)(6)  The credit provided in this section shall not

14  be allowed for any month in which the tax due for such period

15  or the tax return required pursuant to s. 212.11 for such

16  period is delinquent.

17         (8)(7)  In the event an eligible business has a credit

18  larger than the amount owed the state on the tax return for

19  the time period in which the credit is claimed, the amount of

20  the credit for that time period shall be the amount owed the

21  state on that tax return.

22         (9)(8)  Any business which has claimed this credit

23  shall not be allowed any credit under the provisions of s.

24  220.181 for any new employee beginning employment after July

25  1, 1995.

26         (10)(9)  It shall be the responsibility of each

27  business to affirmatively demonstrate to the satisfaction of

28  the department that it meets the requirements of this section.

29         (11)(10)  Any person who fraudulently claims this

30  credit is liable for repayment of the credit plus a mandatory

31  penalty of 100 percent of the credit plus interest at the rate

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  1  provided in this chapter, and such person is guilty of a

  2  misdemeanor of the second degree, punishable as provided in s.

  3  775.082 or s. 775.083.

  4         (12)(11)  The provisions of this section, except for

  5  subsection (11) (10), shall expire and be void on December 31,

  6  2005.

  7         Section 3.  Effective January 1, 2002, subsection (1)

  8  of section 212.098, Florida Statutes, is amended to read:

  9         212.098  Rural Job Tax Credit Program.--

10         (1)  As used in this section, the term:

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

12  firm, partnership, or corporation that is located in a

13  qualified county and is predominantly engaged in, or is

14  headquarters for a business predominantly engaged in,

15  activities usually provided for consideration by firms

16  classified within the following standard industrial

17  classifications:  SIC 01-SIC 09 (agriculture, forestry, and

18  fishing); SIC 20-SIC 39 (manufacturing); SIC 422 (public

19  warehousing and storage); SIC 70 (hotels and other lodging

20  places); SIC 7391 (research and development); SIC 7992 (public

21  golf courses); and SIC 7996 (amusement parks). A targeted

22  industry for the Qualified Target Industry Tax Refund Program

23  pursuant to s. 288.106 is also an eligible business. A call

24  center or similar customer service operation that services a

25  multistate market or an international market is also an

26  eligible business. In addition, the Office of Tourism, Trade,

27  and Economic Development may, as part of its final budget

28  request submitted pursuant to s. 216.023, recommend additions

29  to or deletions from the list of standard industrial

30  classifications used to determine an eligible business, and

31  the Legislature may implement such recommendations. Excluded

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  1  from eligible receipts are receipts from retail sales, except

  2  such receipts for hotels and other lodging places classified

  3  in SIC 70, public golf courses in SIC 7992, and amusement

  4  parks in SIC 7996.  For purposes of this paragraph, the term

  5  "predominantly" means that more than 50 percent of the

  6  business's gross receipts from all sources is generated by

  7  those activities usually provided for consideration by firms

  8  in the specified standard industrial classification. The

  9  determination of whether the business is located in a

10  qualified county and the tier ranking of that county must be

11  based on the date of application for the credit under this

12  section. Commonly owned and controlled entities are to be

13  considered a single business entity.

14         (b)  "Qualified employee" means any employee of an

15  eligible business who performs duties in connection with the

16  operations of the business on a regular, full-time basis for

17  an average of at least 36 hours per week for at least 3 months

18  within the qualified county in which the eligible business is

19  located. An owner or partner of the eligible business is not a

20  qualified employee.

21         (c)  "Qualified county" means a county that has a

22  population of fewer than 75,000 persons, or any county that

23  has a population of 100,000 or less and is contiguous to a

24  county that has a population of less than 75,000, selected in

25  the following manner:  every third year, the Office of

26  Tourism, Trade, and Economic Development shall rank and tier

27  the state's counties according to the following four factors:

28         1.  Highest unemployment rate for the most recent

29  36-month period.

30         2.  Lowest per capita income for the most recent

31  36-month period.

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  1         3.  Highest percentage of residents whose incomes are

  2  below the poverty level, based upon the most recent data

  3  available.

  4         4.  Average weekly manufacturing wage, based upon the

  5  most recent data available.

  6

  7  Tier-one qualified counties are those ranked 1-5 and represent

  8  the state's least-developed counties according to this

  9  ranking. Tier-two qualified counties are those ranked 6-10,

10  and tier-three counties are those ranked 11-17.

11  Notwithstanding this definition, "qualified county" also means

12  a county that contains an area that has been designated as a

13  federal Enterprise Community pursuant to the 1999 Agricultural

14  Appropriations Act. Such a designated area shall be ranked in

15  tier three until the areas are reevaluated by the Office of

16  Tourism, Trade, and Economic Development.

17         (d)  "New business" means any eligible business first

18  beginning operation on a site in a qualified county and

19  clearly separate from any other commercial or business

20  operation of the business entity within a qualified county. A

21  business entity that operated an eligible business within a

22  qualified county within the 48 months before the period

23  provided for application by subsection (2) is not considered a

24  new business.

25         (e)  "Existing business" means any eligible business

26  that does not meet the criteria for a new business.

27         Section 4.  Reduction or waiver of financial match

28  requirements.--Notwithstanding any other law, the member

29  agencies and organizations of the Rural Economic Development

30  Initiative (REDI), as defined in section 288.0656(6)(a),

31  Florida Statutes, shall review the financial match

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  1  requirements for projects in rural areas as defined in section

  2  288.0656(2)(b), Florida Statutes.

  3         (1)  Each agency and organization shall develop a

  4  proposal to waive or reduce the match requirement for rural

  5  areas.

  6         (2)  Agencies and organizations shall ensure that all

  7  proposals are submitted to the Office of Tourism, Trade, and

  8  Economic Development for review by the REDI agencies.

  9         (3)  These proposals shall be delivered to the Office

10  of Tourism, Trade, and Economic Development for distribution

11  to the REDI agencies and organizations. A meeting of REDI

12  agencies and organizations must be called within 30 days after

13  receipt of such proposals for REDI comment and recommendations

14  on each proposal.

15         (4)  Waivers and reductions must be requested by the

16  county or community, and such county or community must have

17  three or more of the factors identified in section

18  288.0656(2)(a), Florida Statutes.

19         (5)  Any other funds available to the project may be

20  used for financial match of federal programs when there is

21  fiscal hardship and the match requirements may not be waived

22  or reduced.

23         (6)  When match requirements are not reduced or

24  eliminated, donations of land, though usually not recognized

25  as an in-kind match, may be permitted.

26         (7)  To the fullest extent possible, agencies and

27  organizations shall expedite the rule adoption and amendment

28  process if necessary to incorporate the reduction in match by

29  rural areas in fiscal distress.

30

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  1         (8)  REDI shall include in its annual report an

  2  evaluation on the status of changes to rules, number of awards

  3  made with waivers, and recommendations for future changes.

  4         Section 5.  Subsection (1) of section 220.03, Florida

  5  Statutes, is amended to read:

  6         220.03  Definitions.--

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

  8  not otherwise distinctly expressed or manifestly incompatible

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

10  following meanings:

11         (a)  "Ad valorem taxes paid" means 96 percent of

12  property taxes levied for operating purposes and does not

13  include interest, penalties, or discounts foregone. In

14  addition, the term "ad valorem taxes paid," for purposes of

15  the credit in s. 220.182, means the ad valorem tax paid on new

16  or additional real or personal property acquired to establish

17  a new business or facilitate a business expansion, including

18  pollution and waste control facilities, or any part thereof,

19  and including one or more buildings or other structures,

20  machinery, fixtures, and equipment. The provisions of this

21  paragraph shall expire and be void on June 30, 2005.

22         (b)  "Affiliated group of corporations" means two or

23  more corporations which constitute an affiliated group of

24  corporations as defined in s. 1504(a) of the Internal Revenue

25  Code.

26         (c)  "Business" or "business firm" means any business

27  entity authorized to do business in this state as defined in

28  paragraph (e), and any bank or savings and loan association as

29  defined in s. 220.62, subject to the tax imposed by the

30  provisions of this chapter. The provisions of this paragraph

31  shall expire and be void on June 30, 2005.

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  1         (d)  "Community contribution" means the grant by a

  2  business firm of any of the following items:

  3         1.  Cash or other liquid assets.

  4         2.  Real property.

  5         3.  Goods or inventory.

  6         4.  Other physical resources as identified by the

  7  department.

  8

  9  The provisions of this paragraph shall expire and be void on

10  June 30, 2005.

11         (e)  "Corporation" includes all domestic corporations;

12  foreign corporations qualified to do business in this state or

13  actually doing business in this state; joint-stock companies;

14  limited liability companies, under chapter 608; common-law

15  declarations of trust, under chapter 609; corporations not for

16  profit, under chapter 617; agricultural cooperative marketing

17  associations, under chapter 618; professional service

18  corporations, under chapter 621; foreign unincorporated

19  associations, under chapter 622; private school corporations,

20  under chapter 623; foreign corporations not for profit which

21  are carrying on their activities in this state; and all other

22  organizations, associations, legal entities, and artificial

23  persons which are created by or pursuant to the statutes of

24  this state, the United States, or any other state, territory,

25  possession, or jurisdiction. The term "corporation" does not

26  include proprietorships, even if using a fictitious name;

27  partnerships of any type, as such; limited liability companies

28  that are taxable as partnerships for federal income tax

29  purposes; state or public fairs or expositions, under chapter

30  616; estates of decedents or incompetents; testamentary

31  trusts; or private trusts.

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  1         (f)  "Department" means the Department of Revenue of

  2  this state.

  3         (g)  "Director" means the executive director of the

  4  Department of Revenue and, when there has been an appropriate

  5  delegation of authority, the executive director's delegate.

  6         (h)  "Earned," "accrued," "paid," or "incurred" shall

  7  be construed according to the method of accounting upon the

  8  basis of which a taxpayer's income is computed under this

  9  code.

10         (i)  "Emergency," as used in s. 220.02 and in paragraph

11  (u) of this subsection, means occurrence of widespread or

12  severe damage, injury, or loss of life or property proclaimed

13  pursuant to s. 14.022 or declared pursuant to s. 252.36. The

14  provisions of this paragraph shall expire and be void on June

15  30, 2005.

16         (j)  "Enterprise zone" means an area in the state

17  designated pursuant to s. 290.0065. The provisions of this

18  paragraph shall expire and be void on June 30, 2005.

19         (k)  "Expansion of an existing business," for the

20  purposes of the enterprise zone property tax credit, means any

21  business entity authorized to do business in this state as

22  defined in paragraph (e), and any bank or savings and loan

23  association as defined in s. 220.62, subject to the tax

24  imposed by the provisions of this chapter, located in an

25  enterprise zone, which expands by or through additions to real

26  and personal property and which establishes five or more new

27  jobs to employ five or more additional full-time employees at

28  such location. The provisions of this paragraph shall expire

29  and be void on June 30, 2005.

30         (l)  "Fiscal year" means an accounting period of 12

31  months or less ending on the last day of any month other than

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  1  December or, in the case of a taxpayer with an annual

  2  accounting period of 52-53 weeks under s. 441(f) of the

  3  Internal Revenue Code, the period determined under that

  4  subsection.

  5         (m)  "Includes" or "including," when used in a

  6  definition contained in this code, shall not be deemed to

  7  exclude other things otherwise within the meaning of the term

  8  defined.

  9         (n)  "Internal Revenue Code" means the United States

10  Internal Revenue Code of 1986, as amended and in effect on

11  January 1, 2000, except as provided in subsection (3).

12         (o)  "Local government" means any county or

13  incorporated municipality in the state. The provisions of this

14  paragraph shall expire and be void on June 30, 2005.

15         (p)  "New business," for the purposes of the enterprise

16  zone property tax credit, means any business entity authorized

17  to do business in this state as defined in paragraph (e), or

18  any bank or savings and loan association as defined in s.

19  220.62, subject to the tax imposed by the provisions of this

20  chapter, first beginning operations on a site located in an

21  enterprise zone and clearly separate from any other commercial

22  or industrial operations owned by the same entity, bank, or

23  savings and loan association and which establishes five or

24  more new jobs to employ five or more additional full-time

25  employees at such location. The provisions of this paragraph

26  shall expire and be void on June 30, 2005.

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

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

29  zone, a qualified Job Training Partnership Act classroom

30  training participant, or a WAGES Program participant in the

31  welfare transition program who is employed at a business

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  1  located in an enterprise zone who begins employment in the

  2  operations of the business after July 1, 1995, and who has not

  3  been previously employed within the preceding 12 months by the

  4  business or a successor business claiming the credit pursuant

  5  to s. 220.181. A person shall be deemed to be employed by such

  6  a business if the person performs duties in connection with

  7  the operations of the business on a full-time basis, provided

  8  she or he is performing such duties for an average of at least

  9  36 hours per week each month, or a part-time basis, provided

10  she or he is performing such duties for an average of at least

11  20 hours per week each month throughout the year. The person

12  must be performing such duties at a business site located in

13  an enterprise zone. The provisions of this paragraph shall

14  expire and be void on June 30, 2005.

15         (r)  "Nonbusiness income" means rents and royalties

16  from real or tangible personal property, capital gains,

17  interest, dividends, and patent and copyright royalties, to

18  the extent that they do not arise from transactions and

19  activities in the regular course of the taxpayer's trade or

20  business.  The term "nonbusiness income" does not include

21  income from tangible and intangible property if the

22  acquisition, management, and disposition of the property

23  constitute integral parts of the taxpayer's regular trade or

24  business operations, or any amounts which could be included in

25  apportionable income without violating the due process clause

26  of the United States Constitution. For purposes of this

27  definition, "income" means gross receipts less all expenses

28  directly or indirectly attributable thereto.  Functionally

29  related dividends are presumed to be business income.

30         (s)  "Partnership" includes a syndicate, group, pool,

31  joint venture, or other unincorporated organization through or

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  1  by means of which any business, financial operation, or

  2  venture is carried on, including a limited partnership; and

  3  the term "partner" includes a member having a capital or a

  4  profits interest in a partnership.

  5         (t)  "Project" means any activity undertaken by an

  6  eligible sponsor, as defined in s. 220.183(2)(c), which is

  7  designed to construct, improve, or substantially rehabilitate

  8  housing that is affordable to low-income or very-low-income

  9  households as defined in s. 420.9071(19) and (28); designed to

10  provide commercial, industrial, or public resources and

11  facilities; or designed to improve entrepreneurial and

12  job-development opportunities for low-income persons. A

13  project may be the investment necessary to increase access to

14  high-speed broadband capability in rural communities with

15  enterprise zones, including projects that result in

16  improvements to communications assets that are owned by a

17  business. This paragraph does not preclude projects that

18  propose to construct or rehabilitate low-income or

19  very-low-income housing on scattered sites. The Office of

20  Tourism, Trade, and Economic Development may reserve up to 50

21  percent of the available annual tax credits under s. 220.181

22  for housing for very-low-income households pursuant to s.

23  420.9071(28) for the first 6 months of the fiscal year. With

24  respect to housing, contributions may be used to pay the

25  following eligible project-related activities:

26         1.  Project development, impact, and management fees

27  for low-income or very-low-income housing projects;

28         2.  Down payment and closing costs for eligible

29  persons, as defined in s. 420.9071(19) and (28);

30         3.  Administrative costs, including housing counseling

31  and marketing fees, not to exceed 10 percent of the community

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  1  contribution, directly related to low-income or

  2  very-low-income projects; and

  3         4.  Removal of liens recorded against residential

  4  property by municipal, county, or special-district local

  5  governments when satisfaction of the lien is a necessary

  6  precedent to the transfer of the property to an eligible

  7  person, as defined in s. 420.9071(19) and (28), for the

  8  purpose of promoting home ownership. Contributions for lien

  9  removal must be received from a nonrelated third party.

10  "Project" means any activity undertaken by an eligible

11  sponsor, as defined in s. 220.183(2)(c), which is designed to

12  construct, improve, or substantially rehabilitate housing or

13  commercial, industrial, or public resources and facilities or

14  to improve entrepreneurial and job-development opportunities

15  for low-income persons.

16

17  The provisions of this paragraph shall expire and be void on

18  June 30, 2005.

19         (u)  "Rebuilding of an existing business" means

20  replacement or restoration of real or tangible property

21  destroyed or damaged in an emergency, as defined in paragraph

22  (i), after July 1, 1995, in an enterprise zone, by a business

23  entity authorized to do business in this state as defined in

24  paragraph (e), or a bank or savings and loan association as

25  defined in s. 220.62, subject to the tax imposed by the

26  provisions of this chapter, located in the enterprise zone.

27  The provisions of this paragraph shall expire and be void on

28  June 30, 2005.

29         (v)  "Regulations" includes rules promulgated, and

30  forms prescribed, by the department.

31

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  1         (w)  "Returns" includes declarations of estimated tax

  2  required under this code.

  3         (x)  "Secretary" means the secretary of the Department

  4  of Commerce. The provisions of this paragraph shall expire and

  5  be void on June 30, 2005.

  6         (y)  "State," when applied to a jurisdiction other than

  7  Florida, means any state of the United States, the District of

  8  Columbia, the Commonwealth of Puerto Rico, any territory or

  9  possession of the United States, and any foreign country, or

10  any political subdivision of any of the foregoing.

11         (z)  "Taxable year" means the calendar or fiscal year

12  upon the basis of which net income is computed under this

13  code, including, in the case of a return made for a fractional

14  part of a year, the period for which such return is made.

15         (aa)  "Taxpayer" means any corporation subject to the

16  tax imposed by this code, and includes all corporations for

17  which a consolidated return is filed under s. 220.131.

18  However, "taxpayer" does not include a corporation having no

19  individuals (including individuals employed by an affiliate)

20  receiving compensation in this state as defined in s. 220.15

21  when the only property owned or leased by said corporation

22  (including an affiliate) in this state is located at the

23  premises of a printer with which it has contracted for

24  printing, if such property consists of the final printed

25  product, property which becomes a part of the final printed

26  product, or property from which the printed product is

27  produced.

28         (bb)  "Functionally related dividends" include the

29  following types of dividends:

30         1.  Those received from a subsidiary of which the

31  voting stock is more than 50 percent owned or controlled by

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  1  the taxpayer or members of its affiliated group and which is

  2  engaged in the same general line of business.

  3         2.  Those received from any corporation which is either

  4  a significant source of supply for the taxpayer or its

  5  affiliated group or a significant purchaser of the output of

  6  the taxpayer or its affiliated group, or which sells a

  7  significant part of its output or obtains a significant part

  8  of its raw materials or input from the taxpayer or its

  9  affiliated group. "Significant" means an amount of 15 percent

10  or more.

11         3.  Those resulting from the investment of working

12  capital or some other purpose in furtherance of the taxpayer

13  or its affiliated group.

14

15  However, dividends not otherwise subject to tax under this

16  chapter are excluded.

17         (cc)  "Child care facility startup costs" means

18  expenditures for substantial renovation, equipment, including

19  playground equipment and kitchen appliances and cooking

20  equipment, real property, including land and improvements, and

21  for reduction of debt, made in connection with a child care

22  facility as defined by s. 402.302, or any facility providing

23  daily care to children who are mildly ill, which is located in

24  this state on the taxpayer's premises and used by the

25  employees of the taxpayer.

26         (dd)  "Operation of a child care facility" means

27  operation of a child care facility as defined by s. 402.302,

28  or any facility providing daily care to children who are

29  mildly ill, which is located in this state within 5 miles of

30  at least one place of business of the taxpayer and which is

31  used by the employees of the taxpayer.

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  1         (ee)  "Citrus processing company" means a corporation

  2  which, during the 60-month period ending on December 31, 1997,

  3  had derived more than 50 percent of its total gross receipts

  4  from the processing of citrus products and the manufacture of

  5  juices.

  6         (ff)  "New job has been created" means that the total

  7  number of full-time jobs defined under s. 212.096(1)(d) has

  8  increased in an enterprise zone from the average of the

  9  previous 12 months, as demonstrated to the department by a

10  business located in the enterprise zone.

11         Section 6.  Effective January 1, 2002, subsections (1)

12  and (2) of section 220.181, Florida Statutes, are amended to

13  read:

14         220.181  Enterprise zone jobs credit.--

15         (1)(a)  Beginning January July 1, 2002 1995, there

16  shall be allowed a credit against the tax imposed by this

17  chapter to any business located in an enterprise zone which

18  demonstrates to the department that the total number of

19  full-time jobs defined under s. 212.096(1)(d) has increased

20  from the average of the previous 12 months or that the

21  business has added a minimum of five new full-time jobs in an

22  enterprise zone since July 1, 2000 employs one or more new

23  employees. The credit shall be computed as 20 follows:

24         1.  Ten percent of the actual monthly wages paid in

25  this state to each new employee hired when a new job has been

26  created, as defined under s. 220.03(1)(ff), unless the

27  business is located in a rural enterprise zone, pursuant to s.

28  290.004(8), in which case the credit shall be 30 percent of

29  the actual monthly wages paid whose wages do not exceed $1,500

30  a month. If no less than 20 percent of the employees of the

31  business are residents of an enterprise zone, excluding

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  1  temporary and part-time employees, the credit shall be

  2  computed as 30 15 percent of the actual monthly wages paid in

  3  this state to each new employee hired when a new job has been

  4  created, unless the business is located in a rural enterprise

  5  zone, in which case the credit shall be 45 percent of the

  6  actual monthly wages paid, for a period of up to 24 12

  7  consecutive months.;

  8         2.  Five percent of the first $1,500 of actual monthly

  9  wages paid in this state for each new employee whose wages

10  exceed $1,500 a month; or

11         3.  Fifteen percent of the first $1,500 of actual

12  monthly wages paid in this state for each new employee who is

13  a welfare transition program participant.

14         (b)  This credit applies only with respect to wages

15  subject to unemployment tax and does not apply for any new

16  employee who is employed for any period less than 3 full

17  months.

18         (c)  If this credit is not fully used in any one year,

19  the unused amount may be carried forward for a period not to

20  exceed 5 years. The carryover credit may be used in a

21  subsequent year when the tax imposed by this chapter for such

22  year exceeds the credit for such year after applying the other

23  credits and unused credit carryovers in the order provided in

24  s. 220.02(8).

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

26  business must file under oath with the governing body or

27  enterprise zone development agency having jurisdiction over

28  the enterprise zone where the business is located, as

29  applicable, a statement which includes:

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

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

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  1  taxable year, including the identifying number assigned

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

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

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

  5  the employee is a qualified Job Training Partnership Act

  6  classroom training participant or a welfare transition program

  7  participant.

  8         (b)  If applicable, the name and address of each

  9  permanent employee of the business, including, for each

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

11  identifying number assigned pursuant to s. 290.0065 to the

12  enterprise zone in which the employee resides.

13         (c)  The name and address of the business.

14         (d)  The identifying number assigned pursuant to s.

15  290.0065 to the enterprise zone in which the eligible business

16  is located.

17         (e)  The salary or hourly wages paid to each new

18  employee claimed.

19         (f)  Demonstration to the department that the total

20  number of full-time jobs defined under s. 212.096(1)(d) has

21  increased from the average of the previous 12 months.

22         (g)(f)  Whether the business is a small business as

23  defined by s. 288.703(1).

24         Section 7.  Subsections (1), (2), (3), and (4) of

25  section 220.183, Florida Statutes, are amended to read:

26         220.183  Community contribution tax credit.--

27         (1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX

28  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM

29  SPENDING.--

30

31

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  1         (a)  There shall be allowed a credit of 50 percent of a

  2  community contribution against any tax due for a taxable year

  3  under this chapter.

  4         (b)  No business firm shall receive more than $200,000

  5  in annual tax credits for all approved community contributions

  6  made in any one year.

  7         (c)  The total amount of tax credit which may be

  8  granted for all programs approved under this section, s.

  9  212.08(5)(q), and s. 624.5105 is $20 $10 million annually.

10         (d)  All proposals for the granting of the tax credit

11  shall require the prior approval of the Office of Tourism,

12  Trade, and Economic Development.

13         (e)  If the credit granted pursuant to this section is

14  not fully used in any one year because of insufficient tax

15  liability on the part of the business firm, the unused amount

16  may be carried forward for a period not to exceed 5 years. The

17  carryover credit may be used in a subsequent year when the tax

18  imposed by this chapter for such year exceeds the credit for

19  such year under this section after applying the other credits

20  and unused credit carryovers in the order provided in s.

21  220.02(8).

22         (f)  A taxpayer who files a Florida consolidated return

23  as a member of an affiliated group pursuant to s. 220.131(1)

24  may be allowed the credit on a consolidated return basis.

25         (g)  A taxpayer who is eligible to receive the credit

26  provided for in s. 624.5105 is not eligible to receive the

27  credit provided by this section.

28         (2)  ELIGIBILITY REQUIREMENTS.--

29         (a)  All community contributions by a business firm

30  shall be in the form specified in s. 220.03(1)(d).

31

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  1         (b)  All community contributions must be reserved

  2  exclusively for use in projects as defined in s. 220.03(1)(t).

  3  The Office of Tourism, Trade, and Economic Development may

  4  reserve up to 50 percent of the available annual tax credits

  5  for housing for very-low-income households pursuant to s.

  6  420.9071(28), for the first 6 months of the fiscal year.

  7         (c)  The project must be undertaken by an "eligible

  8  sponsor," defined here as:

  9         1.  A community action program;

10         2.  A nonprofit community-based community development

11  organization whose mission is the provision of housing for

12  low-income or very-low-income households or increasing

13  entrepreneurial and job-development opportunities for

14  low-income persons corporation;

15         3.  A neighborhood housing services corporation;

16         4.  A local housing authority, created pursuant to

17  chapter 421;

18         5.  A community redevelopment agency, created pursuant

19  to s. 163.356;

20         6.  The Florida Industrial Development Corporation;

21         7.  An historic preservation district agency or

22  organization;

23         8.  A regional workforce board private industry

24  council;

25         9.  A direct-support organization as provided in s.

26  240.551;

27         10.  An enterprise zone development agency created

28  pursuant to s. 290.0056 s. 290.0057; or

29         11.  A community-based organization incorporated under

30  chapter 617 which is recognized as educational, charitable, or

31  scientific pursuant to s. 501(c)(3) of the Internal Revenue

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  1  Code and whose by-laws and articles of incorporation include

  2  affordable housing, economic development, or community

  3  development as the primary mission of the corporation;

  4         12.  Units of local government;

  5         13.  Units of state government; or

  6         14.11.  Such other agency as the Office of Tourism,

  7  Trade, and Economic Development may, from time to time,

  8  designate by rule.

  9

10  In no event shall a contributing business firm have a

11  financial interest in the eligible sponsor.

12         (d)  The project shall be located in an area designated

13  as an enterprise zone or a Front Porch Florida Community

14  pursuant to s. 14.2015(9)(b) pursuant to s. 290.0065. Any

15  project designed to construct or rehabilitate housing for

16  low-income or very-low-income households as defined in s.

17  420.9071(19) and (28) low-income housing is exempt from the

18  area requirement of this paragraph. This section does not

19  preclude projects that propose to construct or rehabilitate

20  housing for low-income or very-low-income households on

21  scattered sites. Any project designed to provide increased

22  access to high-speed broadband capabilities which includes

23  coverage of a rural enterprise zone may locate the project's

24  infrastructure in any area of a rural county.

25         (3)  APPLICATION REQUIREMENTS.--

26         (a)  Any eligible sponsor wishing to participate in

27  this program must submit a proposal to the Office of Tourism,

28  Trade, and Economic Development which sets forth the sponsor,

29  the project, the area in which the project is located, and

30  such supporting information as may be prescribed by rule. The

31  proposal shall also contain a resolution from the local

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  1  governmental unit in which it is located certifying that the

  2  project is consistent with local plans and regulations.

  3         (b)  Any business wishing to participate in this

  4  program must submit an application for tax credit to the

  5  Office of Tourism, Trade, and Economic Development, which

  6  application sets forth the sponsor; the project; and the type,

  7  value, and purpose of the contribution. The sponsor shall

  8  verify the terms of the application and indicate its receipt

  9  of willingness to receive the contribution, which verification

10  indicate its willingness to receive the contribution, which

11  verification must shall be in writing and shall accompany the

12  application for tax credit.

13         (c)  The business firm must submit a separate

14  application for tax credit for each individual contribution

15  that which it makes proposes to contribute to each individual

16  project.

17         (4)  ADMINISTRATION.--

18         (a)  The Office of Tourism, Trade, and Economic

19  Development has authority to adopt rules pursuant to ss.

20  120.536(1) and 120.54 to implement the provisions of this

21  section, including rules for the approval or disapproval of

22  proposals by a person business firms.

23         (b)  The decision of the Office of Tourism, Trade, and

24  Economic Development shall be in writing, and, if approved,

25  the notification must proposal shall state the maximum credit

26  allowable to the business firm. A copy of the decision shall

27  be transmitted to the executive director of the Department of

28  Revenue, who shall apply such credit to the tax liability of

29  the business firm.

30         (c)  The Office of Tourism, Trade, and Economic

31  Development shall periodically monitor all projects in a

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  1  manner consistent with available resources to ensure that

  2  resources are utilized in accordance with this section;

  3  however, each project shall be reviewed no less often than

  4  once every 2 years.

  5         (d)  The Department of Revenue has authority to adopt

  6  rules pursuant to ss. 120.536(1) and 120.54 to implement the

  7  provisions of this section.

  8         (e)  The Office of Tourism, Trade, and Economic

  9  Development shall, in consultation with the Department of

10  Community Affairs, the Florida Housing Finance Corporation,

11  and the statewide and regional housing and financial

12  intermediaries, market the availability of the community

13  contribution tax credit program to community-based

14  organizations.

15         Section 8.  Section 288.018, Florida Statutes, is

16  amended to read:

17         288.018  Regional Rural Development Grants Program.--

18         (1)  The Office of Tourism, Trade, and Economic

19  Development shall establish a matching grant program to

20  provide funding to regionally based economic development

21  organizations representing rural counties and communities for

22  the purpose of building the professional capacity of their

23  organizations. The Office of Tourism, Trade, and Economic

24  Development is authorized to approve, on an annual basis,

25  grants to such regionally based economic development

26  organizations. The maximum amount an organization may receive

27  in any year will be $35,000, or $100,000 in a rural area of

28  critical economic concern recommended by the Rural Economic

29  Development Initiative and designated by the Governor, and

30  must be matched each year by an equivalent amount of nonstate

31  resources.

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  1         (2)  In approving the participants, the Office of

  2  Tourism, Trade, and Economic Development shall consider the

  3  demonstrated need of the applicant for assistance and require

  4  the following:

  5         (a)  Documentation of official commitments of support

  6  from each of the units of local government represented by the

  7  regional organization.

  8         (b)  Demonstration that each unit of local government

  9  has made a financial or in-kind commitment to the regional

10  organization.

11         (c)  Demonstration that the private sector has made

12  financial or in-kind commitments to the regional organization.

13         (d)  Demonstration that the organization is in

14  existence and actively involved in economic development

15  activities serving the region.

16         (e)  Demonstration of the manner in which the

17  organization is or will coordinate its efforts with those of

18  other local and state organizations.

19         (3)  The Office of Tourism, Trade, and Economic

20  Development may also contract for the development of an

21  enterprise zone web portal or web sites for each enterprise

22  zone which will be used to market the program for job creation

23  in disadvantaged urban and rural enterprise zones. Each

24  enterprise zone web page should include downloadable links to

25  state forms and information, as well as local message boards

26  that help businesses and residents receive information

27  concerning zone boundaries, job openings, zone programs, and

28  neighborhood improvement activities.

29         (4)(3)  The Office of Tourism, Trade, and Economic

30  Development may expend up to $750,000 $600,000 each fiscal

31  year from funds appropriated to the Rural Community

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  1  Development Revolving Loan Fund for the purposes outlined in

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

  3  Development may contract with Enterprise Florida, Inc., for

  4  the administration of the purposes specified in this section.

  5  Funds released to Enterprise Florida, Inc., for this purpose

  6  shall be released quarterly and shall be calculated based on

  7  the applications in process.

  8         Section 9.  Section 288.019, Florida Statutes, is

  9  created to read:

10         288.019  Rural considerations in grant review and

11  evaluation processes.--Notwithstanding any other law, and to

12  the fullest extent possible, the member agencies and

13  organizations of the Rural Economic Development Initiative

14  (REDI) as defined in s. 288.0656(6)(a) shall review all grant

15  and loan application evaluation criteria to ensure the fullest

16  access for rural counties as defined in s. 288.0656(2)(b) to

17  resources available throughout the state.

18         (1)  Each REDI agency and organization shall review all

19  evaluation and scoring procedures and develop modifications to

20  those procedures which minimize the impact of a project within

21  a rural area.

22         (2)  Evaluation criteria and scoring procedures must

23  provide for an appropriate ranking based on the proportionate

24  impact that projects have on a rural area when compared with

25  similar project impacts on an urban area.

26         (3)  Evaluation criteria and scoring procedures must

27  recognize the disparity of available fiscal resources for an

28  equal level of financial support from an urban county and a

29  rural county.

30

31

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  1         (a)  The evaluation criteria should weight contribution

  2  in proportion to the amount of funding available at the local

  3  level.

  4         (b)  In-kind match should be allowed and applied as

  5  financial match when a county is experiencing financial

  6  distress through elevated unemployment at a rate in excess of

  7  the state's average by 5 percentage points or because of the

  8  loss of its ad valorem base.

  9         (4)  For existing programs, the modified evaluation

10  criteria and scoring procedure must be delivered to the Office

11  of Tourism, Trade, and Economic Development for distribution

12  to the REDI agencies and organizations. The REDI agencies and

13  organizations shall review and make comments. Future rules,

14  programs, evaluation criteria, and scoring processes must be

15  brought before a REDI meeting for review, discussion, and

16  recommendation to allow rural counties fuller access to the

17  state's resources.

18         Section 10.  Subsection (2) of section 288.065, Florida

19  Statutes, is amended to read:

20         288.065  Rural Community Development Revolving Loan

21  Fund.--

22         (2)  The program shall provide for long-term loans,

23  loan guarantees, and loan loss reserves to units of local

24  governments, or economic development organizations

25  substantially underwritten by a unit of local government,

26  within counties with populations of 75,000 or less, or any

27  county that has a population of 100,000 or less and is

28  contiguous to a county with a population of 75,000 or less, as

29  determined by the most recent official estimate pursuant to s.

30  186.901, residing in incorporated and unincorporated areas of

31  the county, or to units of local government, or economic

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  1  development organizations substantially underwritten by a unit

  2  of local government, within a rural area of critical economic

  3  concern. Requests for loans shall be made by application to

  4  the Office of Tourism, Trade, and Economic Development. Loans

  5  shall be made pursuant to agreements specifying the terms and

  6  conditions agreed to between the applicant local government

  7  and the Office of Tourism, Trade, and Economic Development.

  8  The loans shall be the legal obligations of the applicant

  9  local government. All repayments of principal and interest

10  shall be returned to the loan fund and made available for

11  loans to other applicants. However, in a rural area of

12  critical economic concern designated by the Governor, and upon

13  approval by the Office of Tourism, Trade, and Economic

14  Development, repayments of principal and interest may be

15  retained by the applicant a unit of local government if such

16  repayments are dedicated and matched to fund regionally based

17  economic development organizations representing the rural area

18  of critical economic concern.

19         Section 11.  Subsection (6) of section 288.0656,

20  Florida Statutes, is amended to read:

21         288.0656  Rural Economic Development Initiative.--

22         (6)(a)  By No later than August 1 of each year, 1999,

23  the head of each of the following agencies and organizations

24  shall designate a high-level staff person from within the

25  agency or organization to serve as the REDI representative for

26  the agency or organization:

27         1.  The Department of Community Affairs.

28         2.  The Department of Transportation.

29         3.  The Department of Environmental Protection.

30         4.  The Department of Agriculture and Consumer

31  Services.

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  1         5.  The Department of State.

  2         6.  The Department of Health.

  3         7.  The Department of Children and Family Services.

  4         8.  The Department of Corrections.

  5         9.  The Agency for Workforce Innovation Department of

  6  Labor and Employment Security.

  7         10.  The Department of Education.

  8         11.  The Department of Juvenile Justice.

  9         12.11.  The Fish and Wildlife Conservation Commission.

10         13.12.  Each water management district.

11         14.13.  Enterprise Florida, Inc.

12         15.  Workforce Florida, Inc.

13         16.14.  The Florida Commission on Tourism or VISIT

14  Florida.

15         17.15.  The Florida Regional Planning Council

16  Association.

17         18.16.  The Florida State Rural Development Council.

18         19.17.  The Institute of Food and Agricultural Sciences

19  (IFAS).

20

21  An alternate for each designee shall also be chosen, and the

22  names of the designees and alternates shall be sent to the

23  director of the Office of Tourism, Trade, and Economic

24  Development.

25         (b)  Each REDI representative must have comprehensive

26  knowledge of his or her agency's functions, both regulatory

27  and service in nature, and of the state's economic goals,

28  policies, and programs. This person shall be the primary point

29  of contact for his or her agency with REDI on issues and

30  projects relating to economically distressed rural communities

31  and with regard to expediting project review, shall ensure a

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  1  prompt effective response to problems arising with regard to

  2  rural issues, and shall work closely with the other REDI

  3  representatives in the identification of opportunities for

  4  preferential awards of program funds and allowances and waiver

  5  of program requirements when necessary to encourage and

  6  facilitate long-term private capital investment and job

  7  creation.

  8         (c)  The REDI representatives shall work with REDI in

  9  the review and evaluation of statutes and rules for adverse

10  impact on rural communities and the development of alternative

11  proposals to mitigate that impact.

12         (d)  Each REDI representative shall be responsible for

13  ensuring that each district office or facility of his or her

14  agency is informed about the Rural Economic Development

15  Initiative and for providing assistance throughout the agency

16  in the implementation of REDI activities.

17         Section 12.  Section 288.1088, Florida Statutes, is

18  amended to read:

19         288.1088  Quick Action Closing Fund.--

20         (1)(a)  The Legislature finds that attracting,

21  retaining, and providing favorable conditions for the growth

22  of certain high-impact business facilities, privately

23  developed critical rural infrastructure, or key facilities in

24  economically distressed urban or rural communities which

25  provide provides widespread economic benefits to the public

26  through high-quality employment opportunities in such

27  facilities or and in related facilities attracted to the

28  state, through the increased tax base provided by the

29  high-impact facility and related businesses in related

30  sectors, through an enhanced entrepreneurial climate in the

31  state and the resulting business and employment opportunities,

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  1  and through the stimulation and enhancement of the state's

  2  universities and community colleges. In the global economy,

  3  there exists serious and fierce international competition for

  4  these facilities, and in most instances, when all available

  5  resources for economic development have been used, the state

  6  continues to encounter severe competitive disadvantages in

  7  vying for these high-impact business facilities. Florida's

  8  rural areas must provide a competitive environment for

  9  business in the information age. This often requires an

10  incentive to make it feasible for private investors to provide

11  infrastructure in those areas.

12         (b)  The Legislature therefore declares that sufficient

13  resources shall be available to respond to extraordinary

14  economic opportunities and to compete effectively for these

15  high-impact business facilities, critical private

16  infrastructure in rural areas, and key businesses in

17  economically distressed urban or rural communities.

18         (2)  There is created within the Office of Tourism,

19  Trade, and Economic Development the Quick Action Closing Fund.

20         (3)(a)  Enterprise Florida, Inc., shall evaluate

21  individual proposals for high-impact business facilities and

22  forward recommendations regarding the use of moneys in the

23  fund for such facilities to the director of the Office of

24  Tourism, Trade, and Economic Development. Such evaluation and

25  recommendation must include, but need not be limited to:

26         1.  A description of the type of facility or

27  infrastructure, its operations business operation, and the

28  associated product or service associated with the facility.

29         2.  The number of full-time-equivalent jobs that will

30  be created by the facility and the total estimated average

31  annual wages of those jobs or, in the case of privately

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  1  developed rural infrastructure, the types of business

  2  activities and jobs stimulated by the investment.

  3         3.  The cumulative amount of investment to be dedicated

  4  to the facility within a specified period.

  5         4.  A statement of any special impacts the facility is

  6  expected to stimulate in a particular business sector in the

  7  state or regional economy or in the state's universities and

  8  community colleges.

  9         5.  A statement of the role the incentive is expected

10  to play in the decision of the applicant business to locate or

11  expand in this state or for the private investor to provide

12  critical rural infrastructure.

13         (b)  Upon receipt of the evaluation and recommendation

14  from Enterprise Florida, Inc., the director shall recommend

15  approval or disapproval of a project for receipt of funds from

16  the Quick Action Closing Fund to the Governor. In recommending

17  a project high-impact business facility, the director shall

18  include proposed performance conditions that the project

19  facility must meet to obtain incentive funds. The Governor

20  shall consult with the President of the Senate and the Speaker

21  of the House of Representatives before giving final approval

22  for a project.  The Executive Office of the Governor shall

23  recommend approval of a project and release of funds pursuant

24  to the legislative consultation and review requirements set

25  forth in s. 216.177.  The recommendation must include proposed

26  performance conditions the project must meet to obtain funds.

27         (c)  Upon the approval of the Governor, the director of

28  the Office of Tourism, Trade, and Economic Development and the

29  high-impact business shall enter into a contract that sets

30  forth the conditions for payment of moneys from the fund. The

31  contract must include the total amount of funds awarded; the

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  1  performance conditions that must be met to obtain the award,

  2  including, but not limited to, net new employment in the

  3  state, average salary, and total capital investment;

  4  demonstrate a baseline of current service and a measure of

  5  enhanced capability; the methodology for validating

  6  performance; the schedule of payments from the fund; and

  7  sanctions for failure to meet performance conditions.

  8         (d)  Enterprise Florida, Inc., shall validate

  9  contractor performance. Such validation shall be reported

10  within 6 months after completion of the contract to the

11  Governor, President of the Senate, and the Speaker of the

12  House of Representatives.

13         Section 13.  Subsection (2) of section 288.9015,

14  Florida Statutes, is amended to read:

15         288.9015  Enterprise Florida, Inc.; purpose; duties.--

16         (2)  It shall be the responsibility of Enterprise

17  Florida, Inc., to aggressively market Florida's rural

18  communities, and distressed urban communities, and enterprise

19  zones as locations for potential new investment, to

20  aggressively assist in the retention and expansion of existing

21  businesses in these communities, and to aggressively assist

22  these communities in the identification and development of new

23  economic development opportunities for job creation, fully

24  using state incentive programs such as the Qualified Target

25  Industry Tax Refund Program under s. 288.106 and the Quick

26  Action Closing Fund under s. 288.1088 in economically

27  distressed areas.

28         Section 14.  Section 290.004, Florida Statutes, is

29  amended to read:

30         290.004  Definitions relating to Florida Enterprise

31  Zone Act.--As used in ss. 290.001-290.016:

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  1         (1)  "Community investment corporation" means a black

  2  business investment corporation, a certified development

  3  corporation, a small business investment corporation, or other

  4  similar entity incorporated under Florida law that has limited

  5  its investment policy to making investments solely in minority

  6  business enterprises.

  7         (2)  "Department" means the Department of Commerce.

  8         (3)  "Director" means the director of the Office of

  9  Tourism, Trade, and Economic Development.

10         (4)  "Governing body" means the council or other

11  legislative body charged with governing the county or

12  municipality.

13         (5)  "Interagency coordinating council" means the

14  Enterprise Zone Interagency Coordinating Council created

15  pursuant to s. 290.009.

16         (6)  "Minority business enterprise" has the same

17  meaning as in s. 288.703.

18         (7)  "Office" means the Office of Tourism, Trade, and

19  Economic Development.

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

21  that is nominated by a county having a population of 75,000 or

22  fewer, or a county having a population of 100,000 or fewer

23  which is contiguous to a county having a population of 75,000

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

25  county and one or more municipalities. An enterprise zone

26  designated in accordance with s. 370.28 or s. 290.0065(5)(b),

27  is considered to be a rural enterprise zone.

28         (9)(8)  "Secretary" means the Secretary of Commerce.

29         (10)(9)  "Small business" has the same meaning as in s.

30  288.703.

31

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  1         Section 15.  Section 290.0065, Florida Statutes, is

  2  amended to read:

  3         290.0065  State designation of enterprise zones.--

  4         (1)  Upon application of the governing body of a county

  5  or municipality or of a county and one or more municipalities

  6  jointly pursuant to s. 290.0055, Enterprise Florida, Inc., and

  7  the office department, in consultation with the interagency

  8  coordinating council, shall determine which areas nominated by

  9  such governing bodies meet the criteria outlined in s.

10  290.0055 and are the most appropriate for designation as state

11  enterprise zones. The office department is authorized to

12  designate up to 5 areas within each of the categories

13  established in subparagraphs (3)(a)1., 2., 3., 4., and 5.,

14  except that the office department may only designate a total

15  of 20 areas as enterprise zones. The office department shall

16  not designate more than three enterprise zones in any one

17  county. All designations, including any provision for

18  redesignations, of state enterprise zones pursuant to this

19  section shall be effective July 1, 1995.

20         (2)  Each application made pursuant to s. 290.0055

21  shall be ranked competitively within the appropriate category

22  established pursuant to subsection (3) based on the pervasive

23  poverty, unemployment, and general distress of the area; the

24  strategic plan, including local fiscal and regulatory

25  incentives, prepared pursuant to s. 290.0057; and the

26  prospects for new investment and economic development in the

27  area. Pervasive poverty, unemployment, and general distress

28  shall be weighted 35 percent; strategic plan and local fiscal

29  and regulatory incentives shall be weighted 40 percent; and

30  prospects for new investment and economic development in the

31  area shall be weighted 25 percent.

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  1         (3)(a)  Each area designated as an enterprise zone

  2  pursuant to this section shall be placed in one of the

  3  following categories based on the 1990 census:

  4         1.  Communities consisting of census tracts in areas

  5  having a total population of 150,000 persons or more.

  6         2.  Communities consisting of census tracts in areas

  7  having a total population of 50,000 persons or more but less

  8  than 150,000 persons.

  9         3.  Communities having a population of 20,000 persons

10  or more but less than 50,000 persons.

11         4.  Communities having a population of 7,500 persons or

12  more but less than 20,000 persons.

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

14  persons.

15         (b)  Any area authorized to be an enterprise zone by

16  both a county and a municipality shall be placed in the

17  appropriate category established under paragraph (a) in which

18  an application by the municipality would have been considered

19  if the municipality had acted alone, if at least 60 percent of

20  the population of the area authorized to be an enterprise zone

21  resides within the municipality. An area authorized to be an

22  enterprise zone by a county and one or more municipalities

23  shall be placed in the category in which an application by the

24  municipality with the highest percentage of residents in such

25  area would have been considered if such municipality had

26  authorized the area to be an enterprise zone. An area

27  authorized to be an enterprise zone by a county as defined by

28  s. 125.011(1) shall be placed in the category in which an

29  application by the municipality in which the area is located

30  would have been considered if the municipality had authorized

31  such area to be an enterprise zone. An area authorized to be

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  1  an enterprise zone by a county as defined by s. 125.011(1)

  2  which area is located in two or more municipalities shall be

  3  placed in the category in which an application by the

  4  municipality with the highest percentage of residents in such

  5  area would have been considered if such municipality had

  6  authorized such area to be an enterprise zone.

  7         (4)(a)  Notwithstanding s. 290.0055, any area existing

  8  as a state enterprise zone as of the effective date of this

  9  section and originally approved through a joint application

10  from a county and municipality, or through an application from

11  a county as defined in s. 125.011(1), shall be redesignated as

12  a state enterprise zone upon the creation of an enterprise

13  zone development agency pursuant to s. 290.0056 and the

14  completion of a strategic plan pursuant to s. 290.0057.  Any

15  area redesignated pursuant to this subsection, other than an

16  area located in a county defined in s. 125.011(1), may be

17  relocated or modified by the appropriate governmental bodies.

18  Such relocation or modification shall be identified in the

19  strategic plan and shall meet the requirements for designation

20  as established by s. 290.005. Any relocation or modification

21  shall be submitted on or before June 1, 1996.

22         (b)  The office department shall place any area

23  designated as a state enterprise zone pursuant to this

24  subsection in the appropriate category established in

25  subsection (3), and include such designations within the

26  limitations on state enterprise zone designations set out in

27  subsection (1).

28         (c)  Any county or municipality having jurisdiction

29  over an area designated as a state enterprise zone pursuant to

30  this subsection, other than a county defined by s. 125.011(1),

31  may not apply for designation of another area.

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  1         (5)  Notwithstanding s. 290.0055, an area designated as

  2  a federal empowerment zone or enterprise community pursuant to

  3  Title XIII of the Omnibus Budget Reconciliation Act of 1993,

  4  the Taxpayer Relief Act of 1997, or the 1999 Agricultural

  5  Appropriations Act shall be designated a state enterprise zone

  6  as follows:

  7         (a)  An area designated as an urban empowerment zone or

  8  urban enterprise community pursuant to Title XIII of the

  9  Omnibus Budget Reconciliation Act of 1993 or the Taxpayer

10  Relief Act of 1997 shall be designated a state enterprise zone

11  by the office department upon completion of the requirements

12  set out in paragraph (d), except in the case of a county as

13  defined in s. 125.011(1) which, notwithstanding s. 290.0055,

14  may incorporate and include such designated urban empowerment

15  zone or urban enterprise community areas within the boundaries

16  of its state enterprise zones without any limitation as to

17  size.

18         (b)  An area designated as a rural empowerment zone or

19  rural enterprise community pursuant to Title XIII of the

20  Omnibus Budget Reconciliation Act of 1993 or the 1999

21  Agricultural Appropriations Act shall be designated a state

22  rural enterprise zone by the office department upon completion

23  of the requirements set out in paragraph (d) and may

24  incorporate and include such designated rural empowerment zone

25  or rural enterprise community within the boundaries of its

26  state enterprise zones without any limitation as to size.

27         (c)  Any county or municipality having jurisdiction

28  over an area designated as a state enterprise zone pursuant to

29  this subsection, other than a county defined in s. 125.011(1),

30  may not apply for designation of another area.

31

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  1         (d)  Prior to designating such areas as state

  2  enterprise zones, the office department shall ensure that the

  3  governing body having jurisdiction over the zone submits the

  4  strategic plan required pursuant to 7 C.F.R. part 25 or 24

  5  C.F.R. part 597 to the office department, and creates an

  6  enterprise zone development agency pursuant to s. 290.0056.

  7         (e)  The office department shall place any area

  8  designated as a state enterprise zone pursuant to this

  9  subsection in the appropriate category established in

10  subsection (3), and include such designations within the

11  limitations on state enterprise zone designations set out in

12  subsection (1).

13         (6)(a)  The office department, in consultation with

14  Enterprise Florida, Inc., and the interagency coordinating

15  council, may develop guidelines shall promulgate any rules

16  necessary for the approval of areas under this section by the

17  director secretary.

18         (b)  Such guidelines rules shall provide for the

19  measurement of pervasive poverty, unemployment, and general

20  distress using the criteria outlined by s. 290.0058.

21         (c)  Such guidelines rules shall provide for the

22  evaluation of the strategic plan and local fiscal and

23  regulatory incentives for effectiveness, including how the

24  following key principles will be implemented by the governing

25  body or bodies:

26         1.  Economic opportunity, including job creation within

27  the community and throughout the region, as well as

28  entrepreneurial initiatives, small business expansion, and

29  training for jobs that offer upward mobility.

30         2.  Sustainable community development that advances the

31  creation of livable and vibrant communities through

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  1  comprehensive approaches that coordinate economic, physical,

  2  community, and human development.

  3         3.  Community-based partnerships involving the

  4  participation of all segments of the community.

  5         4.  Strategic vision for change that identifies how the

  6  community will be revitalized. This vision should include

  7  methods for building on community assets and coordinate a

  8  response to community needs in a comprehensive fashion. This

  9  vision should provide goals and performance benchmarks for

10  measuring progress and establish a framework for evaluating

11  and adjusting the strategic plan.

12         5.  Local fiscal and regulatory incentives enacted

13  pursuant to s. 290.0057(1)(e). These incentives should induce

14  economic revitalization, including job creation and small

15  business expansion.

16         (d)  Such guidelines may rules shall provide methods

17  for evaluating the prospects for new investment and economic

18  development in the area, including a review and evaluation of

19  any previous state enterprise zones located in the area.

20         (7)  Upon approval by the director secretary of a

21  resolution authorizing an area to be an enterprise zone

22  pursuant to this section, the office department shall assign a

23  unique identifying number to that resolution. The office

24  department shall provide the Department of Revenue and

25  Enterprise Florida, Inc., with a copy of each resolution

26  approved, together with its identifying number.

27         (8)(a)  Notwithstanding s. 290.0055, any area existing

28  as a state enterprise zone as of December 30, 1994, which has

29  received at least $1 million in state community development

30  funds and at least $500,000 in federal community development

31  funds, which has less than 300 businesses located within the

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  1  boundaries of the enterprise zone, and which has been

  2  designated by the United States Department of Agriculture as a

  3  "Champion Community" shall be redesignated as a state

  4  enterprise zone upon the creation of an enterprise zone

  5  development agency pursuant to s. 290.0056 and the completion

  6  of a strategic plan pursuant to s. 290.0057.

  7         (b)  Such designation shall be in addition to the

  8  limitations of state enterprise zone designation set out in

  9  subsection (1).

10         (9)  The Office of Tourism, Trade, and Economic

11  Development may amend the boundaries of any enterprise zone

12  designated by the state pursuant to this section, consistent

13  with the categories, criteria, and limitations imposed in this

14  section upon the establishment of such enterprise zone and

15  only if consistent with the determinations made in s.

16  290.0058(2).

17         (9)(10)  Before December 31, 1998, the governing body

18  of a county in which an enterprise zone designated pursuant to

19  paragraph (5)(b) is located may apply to the Office of

20  Tourism, Trade, and Economic Development to amend the

21  boundaries of the enterprise zone for the purpose of replacing

22  areas not suitable for development.  The Office of Tourism,

23  Trade, and Economic Development shall approve the application

24  if it does not increase the overall size of the enterprise

25  zone.  Except that upon the request of the governing body of a

26  home rule charter county, or any county the government of

27  which has been consolidated with the government of one or more

28  municipalities in accordance with s. 9, Art. VIII of the State

29  Constitution of 1885, as preserved by s. 6(e), Art. VIII of

30  the State Constitution as revised in 1968 and subsequently

31  amended, the Office of Tourism, Trade, and Economic

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  1  Development may amend the boundaries of an area designated as

  2  an enterprise zone upon the receipt of a resolution adopted by

  3  such governing body describing the amended boundaries, so long

  4  as the added area does not increase the overall size of the

  5  expanded zone more than its original size or 20 square miles,

  6  whichever is larger, and is consistent with the categories,

  7  criteria, and limitations imposed by s. 290.0055.

  8         (10)(11)  Before December 31, 1999, any county as

  9  defined in s. 125.011(1) may create a satellite enterprise

10  zone not exceeding 3 square miles in area outside of and,

11  notwithstanding anything contained in s. 290.0055(4) or

12  elsewhere, in addition to the previously designated 20 square

13  miles of enterprise zones. The Office of Tourism, Trade, and

14  Economic Development shall amend the boundaries of the areas

15  previously designated by any such county as enterprise zones

16  upon the receipt of a resolution adopted by such governing

17  body describing the satellite enterprise zone, as long as the

18  additional area is consistent with the categories, criteria,

19  and limitations imposed by s. 290.0055, provided that the

20  20-square-mile limitation and the requirements imposed by s.

21  290.0055(4)(d) do not apply to such satellite enterprise zone.

22         Section 16.  Section 290.00676, Florida Statutes, is

23  created to read:

24         290.00676  Amendment of rural enterprise zone

25  boundaries.--Notwithstanding any other law, upon

26  recommendation by Enterprise Florida, Inc., the Office of

27  Tourism, Trade, and Economic Development may approve requests

28  to amend the boundaries of rural enterprise zones as defined

29  in s. 290.004(8). Boundary amendments authorized by this

30  section are subject to the following requirements:

31

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

  2  enterprise zone up to a maximum zone size of 20 square miles.

  3         (2)  The amendment may increase the zone's number of

  4  noncontiguous areas by one, if the additional noncontiguous

  5  area has zero population. For purposes of this subsection, the

  6  pervasive poverty criteria may be set aside for the addition

  7  of a noncontiguous area.

  8         (3)  The local enterprise zone development agency must

  9  request the amendment from Enterprise Florida, Inc., prior to

10  December 30, 2001. The request must contain maps and

11  sufficient information to allow the office to determine the

12  number of noncontiguous areas and the total size of the rural

13  enterprise zone.

14         Section 17.  Section 290.00677, Florida Statutes, is

15  created to read:

16         290.00677  Rural enterprise zones; special

17  qualifications.--

18         (1)  Notwithstanding the enterprise zone residency

19  requirements set out in s. 212.096(1)(c), eligible businesses

20  as defined by s. 212.096(1)(a), located in rural enterprise

21  zones as defined by s. 290.004, may receive the basic minimum

22  credit provided under s. 212.096 for creating a new job and

23  hiring a person residing within the jurisdiction of a rural

24  county, as defined by s. 288.106(1)(r). All other provisions

25  of s. 212.096, including, but not limited to, those relating

26  to the award of enhanced credits, apply to such businesses.

27         (2)  Notwithstanding the enterprise zone residency

28  requirements set out in s. 220.03(1)(q), eligible businesses

29  as defined by s. 212.096(1)(a), located in rural enterprise

30  zones as defined in s. 290.004, may receive the basic minimum

31  credit provided under s. 220.181 for creating a new job and

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  1  hiring a person residing within the jurisdiction of a rural

  2  county, as defined by s. 288.106(1)(r). All other provisions

  3  of s. 220.181, including, but not limited to, those relating

  4  to the award of enhanced credits apply to such businesses.

  5         Section 18.  Section 290.00694, Florida Statutes, is

  6  created to read:

  7         290.00694  Enterprise zone designation for rural

  8  communities.--An area designated as a rural champion community

  9  under the Taxpayer Relief Act of 1997 or a community within a

10  designated rural area of critical economic concern under s.

11  288.0656 may submit an application to Enterprise Florida,

12  Inc., for review and recommendation to the office for

13  designation as an enterprise zone. The application must be

14  submitted by December 31, 2001. Notwithstanding the provisions

15  of s. 290.0065 limiting the total number of enterprise zones

16  designated and the number of enterprise zones within a

17  population category, the Office of Tourism, Trade, and

18  Economic Development may designate enterprise zones under this

19  section. Upon completion of the requirements set out in s.

20  290.0065(5)(d), the Office of Tourism, Trade, and Economic

21  Development shall establish the initial effective date of the

22  enterprise zones designated pursuant to this section. Only one

23  community in each county in a rural area of critical economic

24  concern may be designated as an enterprise zone.

25         Section 19.  Subsection (3) of section 290.007, Florida

26  Statutes, is amended to read:

27         290.007  State incentives available in enterprise

28  zones.--The following incentives are provided by the state to

29  encourage the revitalization of enterprise zones:

30         (3)  The community contribution tax credits provided in

31  ss. 212.08, 220.183, and 624.5105.

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  1         Section 20.  Subsection (4) of section 370.28, Florida

  2  Statutes, is repealed.

  3         Section 21.  Subsection (39) is added to section

  4  420.507, Florida Statutes, to read:

  5         420.507  Powers of the corporation.--The corporation

  6  shall have all the powers necessary or convenient to carry out

  7  and effectuate the purposes and provisions of this part,

  8  including the following powers which are in addition to all

  9  other powers granted by other provisions of this part:

10         (39)  To create recognition programs to honor

11  individuals, community-based development organizations, units

12  of local government, or others who have demonstrated the

13  ideals of community stewardship and increased access to

14  housing for low-income households, including their stewardship

15  in economically distressed areas. Such programs may

16  incorporate certificates of recognition by the Governor and

17  may include presentation by the Governor or his

18  representative.

19         Section 22.  Subsections (1), (2), (4), and (5) of

20  section 624.5105, Florida Statutes, are amended to read:

21         624.5105  Community contribution tax credit;

22  authorization; limitations; eligibility and application

23  requirements; administration; definitions; expiration.--

24         (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

25         (a)  There shall be allowed a credit of 50 percent of a

26  community contribution against any tax due for a calendar year

27  under s. 624.509 or s. 624.510.

28         (b)  No insurer shall receive more than $200,000 in

29  annual tax credits for all approved community contributions

30  made in any one year.

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    Florida Senate - 2001                                  SB 1216
    310-1433A-01




  1         (c)  The total amount of tax credit which may be

  2  granted for all programs approved under this section, s.

  3  212.08(5)(q), and s. 220.183 is $20 $10 million annually.

  4         (d)  Each proposal for the granting of such tax credit

  5  requires the prior approval of the director.

  6         (e)  If the credit granted pursuant to this section is

  7  not fully used in any one year because of insufficient tax

  8  liability on the part of the insurer, the unused amount may be

  9  carried forward for a period not to exceed 5 years. The

10  carryover credit may be used in a subsequent year when the tax

11  imposed by s. 624.509 or s. 624.510 for such year exceeds the

12  credit under this section for such year.

13         (2)  ELIGIBILITY REQUIREMENTS.--

14         (a)  Each community contribution by an insurer must be

15  in a form specified in subsection (5).

16         (b)  Each community contribution must be reserved

17  exclusively for use in a project as defined in s.

18  220.03(1)(t).

19         (c)  The project must be undertaken by an "eligible

20  sponsor," as which term is defined in s. 220.183(2)(c). as:

21         1.  A community action program;

22         2.  A community development corporation;

23         3.  A neighborhood housing services corporation;

24         4.  A local housing authority created pursuant to

25  chapter 421;

26         5.  A community redevelopment agency created pursuant

27  to s. 163.356;

28         6.  The Florida Industrial Development Corporation;

29         7.  A historic preservation district agency or

30  organization;

31         8.  A private industry council;

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    Florida Senate - 2001                                  SB 1216
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  1         9.  An enterprise zone development agency created

  2  pursuant to s. 290.0057; or

  3         10.  Such other agency as the director may, from time

  4  to time, designate by rule.

  5

  6  In no event shall a contributing insurer have a financial

  7  interest in the eligible sponsor.

  8         (d)  The project shall be located in an area designated

  9  as an enterprise zone or a Front Porch Community pursuant to

10  s. 14.2015(9)(b) s. 290.0065.  Any project designed to

11  construct or rehabilitate housing for low-income or

12  very-low-income households as defined in s. 420.9071(19) and

13  (28) low-income housing is exempt from the area requirement of

14  this paragraph.

15         (4)  ADMINISTRATION.--

16         (a)1.  The Office of Tourism, Trade, and Economic

17  Development is authorized to adopt all rules necessary to

18  administer this section, including rules for the approval or

19  disapproval of proposals by insurers.

20         2.  The decision of the director shall be in writing,

21  and, if approved, the proposal shall state the maximum credit

22  allowable to the insurer. A copy of the decision shall be

23  transmitted to the executive director of the Department of

24  Revenue, who shall apply such credit to the tax liability of

25  the insurer.

26         3.  The office shall monitor all projects periodically,

27  in a manner consistent with available resources to ensure that

28  resources are utilized in accordance with this section;

29  however, each project shall be reviewed no less frequently

30  than once every 2 years.

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    Florida Senate - 2001                                  SB 1216
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  1         4.  The Office of Tourism, Trade, and Economic

  2  Development shall, in consultation with the Department of

  3  Community Affairs, the Florida Housing Finance Corporation,

  4  and the statewide and regional housing and financial

  5  intermediaries, market the availability of the community

  6  contribution tax credit program to community-based

  7  organizations.

  8         (b)  The Department of Revenue shall adopt any rules

  9  necessary to ensure the orderly implementation and

10  administration of this section.

11         (5)  DEFINITIONS.--For the purpose of this section:

12         (a)  "Community contribution" means the grant by an

13  insurer of any of the following items:

14         1.  Cash or other liquid assets.

15         2.  Real property.

16         3.  Goods or inventory.

17         4.  Other physical resources which are identified by

18  the department.

19         (b)  "Director" means the director of the Office of

20  Tourism, Trade, and Economic Development.

21         (c)  "Local government" means any county or

22  incorporated municipality in the state.

23         (d)  "Office" means the Office of Tourism, Trade, and

24  Economic Development.

25         (e)  "Project" means an activity as defined in s.

26  220.03(1)(t). any activity undertaken by an eligible sponsor,

27  as defined in subsection (2), which is designed to construct,

28  improve, or substantially rehabilitate housing or commercial,

29  industrial, or public resources and facilities or to improve

30  entrepreneurial and job-development opportunities for

31  low-income persons.

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    Florida Senate - 2001                                  SB 1216
    310-1433A-01




  1         Section 23.  Except as otherwise expressly provided in

  2  this act, this act shall take effect July 1, 2001.

  3

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  5                          SENATE SUMMARY

  6    Provides for the sales-tax exemption on building
      materials to apply to nonprofit community-based
  7    organizations and projects funded under a State Housing
      Initiatives Partnership Program. Provides an additional
  8    tax credit for donations. Revises requirements for
      computing the tax credit for creating enterprise-zone
  9    jobs. Revises various provisions of the Regional Rural
      Development Grants Program and the Rural Community
10    Revolving Loan Fund Program. Revises various provisions
      governing the creation and administration of rural
11    enterprise zones. Revises the enterprise zone incentives.
      (See bill for details.)
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