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CHAMBER ACTION |
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The Committee on Commerce recommends the following: |
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Committee Substitute |
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Remove the entire bill and insert: |
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A bill to be entitled |
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An act relating to urban revitalization; providing a |
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popular name; providing definitions; providing criteria |
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and procedures for an urban revitalization tax-free zone; |
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requiring the Department of Revenue to issue tax exemption |
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certificates under certain circumstances; providing an |
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expiration date; creating the Urban Revitalization Task |
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Force; providing for membership and duties; providing for |
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reimbursement for travel expenses; providing for an |
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executive director, technical experts, and other |
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employees, subject to specific funding; requiring reports; |
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requiring review of the Tax-Free Urban Revitalization |
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Pilot Project by the Office of Program Policy Analysis and |
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Government Accountability; providing for future repeal of |
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the act; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Popular name.--This act shall be known by the |
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popular name the "Tax-Free Urban Revitalization Pilot Project |
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Act." |
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Section 2. Definitions.-As used in this act, the term: |
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(1) "Business" shall have the same meaning as provided in |
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s. 212.02(2), Florida Statutes.
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(2) "Tax-free zone" means an urban revitalization zone |
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which will allow qualified businesses certified by the Urban |
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Revitalization Task Force to be exempt from charging and paying |
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the state sales and use tax imposed pursuant to chapter 212, |
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Florida Statutes, and from the excise tax on documents imposed |
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pursuant to chapter 201, Florida Statutes, within Miami-Dade |
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County, specifically the area bordered by Northwest 23rd Street |
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to the north, Northwest 5th Street to the south, Northeast First |
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Avenue to the east, and Northwest 8th Avenue to the west. |
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(3) "Urban Revitalization Task Force" means the task force |
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created pursuant to this act that certifies businesses in the |
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tax free zone for exemption from the excise tax on documents |
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imposed pursuant to chapter 201, Florida Statutes, and the sales |
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and use tax imposed pursuant to chapter 212, Florida Statutes.
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Section 3. Urban revitalization tax-free zone; criteria; |
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procedures.--
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(1)(a) A business established on or after July 1, 2003, in |
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the tax-free zone shall receive an exemption from the excise tax |
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on documents imposed pursuant to chapter 201, Florida Statutes, |
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and the sales and use tax imposed pursuant to chapter 212, |
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Florida Statutes. In order for a business to receive a |
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certification exempting it from the sales and use tax and the |
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excise tax on documents, said business must apply with the Urban |
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Revitalization Task Force created pursuant to section 4 of this |
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act for certification to receive such exemption. |
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(b) For a business established in a tax-free zone on or |
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after July 1, 2003, the exemption shall be available for a |
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period not to exceed the year in which the business receives its |
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initial certification from the task force and the 10 years |
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immediately thereafter. For any business established prior to |
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July 1, 2003, the exemption shall be available for a period not |
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to exceed the year in which the business receives its initial |
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certification from the task force and the 5 years immediately |
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thereafter.
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(c) To receive a certification for an exemption, a |
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business shall file an application for certification with the |
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Urban Revitalization Task Force. The application shall be filed |
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no later than April 1 of the year in which the business is |
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seeking an exemption. The application shall be made on a form |
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prescribed by the task force and shall include separate |
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descriptions of: |
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1. Real and tangible personal property owned or leased by |
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the business prior to expansion, if any. |
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2. Net new or additional real and tangible personal |
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property acquired to facilitate the new, expanded, or rebuilt |
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facility. |
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(d) The task force shall review the application to |
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determine whether it contains all the information required |
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pursuant to this section and meets the criteria set out in this |
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section. The task force shall certify all applications that |
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contain the information required pursuant to this section and |
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meet the criteria set out in this section as eligible to receive |
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an exemption. The certification shall be in writing and a copy |
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of the certification shall be transmitted to the executive |
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director of the Department of Revenue within 10 days after |
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approval of the certification by the task force.
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(2) The Department of Revenue shall issue a tax exemption |
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permit to businesses holding a certified exemption issued by the |
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Urban Revitalization Task Force.
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(3) In order to qualify for a tax exemption under this |
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act, a business must provide a statement that no less than 20 |
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percent of its employees are residents of the tax-free zone or |
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an enterprise zone in the area. The business may be exempt from |
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this 20-percent requirement if it is able to demonstrate just |
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cause to the task force. It shall be a condition precedent to |
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maintaining tax-free status that such employment requirements be |
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fulfilled throughout each year during the 10-year period of the |
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credit. The statement shall set forth the name and place of |
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residence of each permanent employee on the last day of business |
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of the tax year for which the credit is claimed or, if an |
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employee is no longer employed or eligible for the credit on |
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that date, on the last calendar day of the last full calendar |
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month the employee was employed or eligible for the credit at |
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the relevant site. |
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(4) The provisions of this section shall expire and be |
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void on June 30, 2013, and no business shall be allowed to claim |
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such sales and use tax and excise tax on documents exemptions |
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after that date. |
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Section 4. Urban Revitalization Task Force; creation; |
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membership and duties.-- |
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(1) There is hereby created an Urban Revitalization Task |
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Force. The task force shall be composed of a business owner |
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operating within the tax-free zone, appointed by the Governor; a |
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resident residing within the tax-free zone, appointed by the |
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Governor; a member of the House of Representatives residing in |
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Miami-Dade County, appointed by the Speaker of the House of |
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Representatives; a member of the Senate residing in Miami-Dade |
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County, appointed by the President of the Senate; a county |
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commissioner appointed by the City Mayor; a city commissioner |
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appointed by the City Mayor; and the director of the Office of |
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Tourism, Trade, and Economic Development. The terms of office |
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for task force members shall be for 4 years, except that members |
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appointed by the Speaker of the House of Representatives and the |
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President of the Senate shall serve for terms of 2 years. A |
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vacancy occurring during a term shall be filled for the |
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unexpired term in the same manner as the original appointment. A |
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task force member shall receive no compensation for his or her |
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services, but is entitled to the necessary expenses, including |
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travel expenses as provided in s. 112.061, Florida Statutes, |
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incurred in the discharge of his or her duties. Each task force |
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member shall hold office until a successor has been appointed |
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and has qualified. A certificate of the appointment or |
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reappointment of any task force member shall be filed with the |
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clerk of Miami-Dade County, and the certificate is conclusive |
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evidence of the due and proper appointment of the task force |
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member. The task force must meet on a quarterly basis, at a |
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minimum, in order to review applications and make determinations |
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as to businesses eligible to attain tax-free status. The task |
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force shall vote and designate a chair and vice chair.
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(2) Subject to funding by the Miami-Dade County |
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Commission, the task force may employ an executive director, |
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technical experts, and such other agents and employees, |
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permanent and temporary, as it requires and determine their |
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qualifications, duties, and compensation. For such legal |
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services as it requires, the task force may employ or retain its |
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own counsel and legal staff. The task force authorized to |
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transact business and exercise powers under this act shall file |
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with the Clerk of Miami-Dade County, on or before March 31 of |
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each year, a report of its activities for the preceding fiscal |
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year, which report shall include a complete financial statement |
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setting forth its assets, liabilities, income, and operating |
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expenses as of the end of such fiscal year. At the time of |
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filing the report, the task force shall publish in a newspaper |
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of general circulation in the community a notice to the effect |
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that such report has been filed with the county or municipality |
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and is available for inspection during business hours in the |
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office of the Clerk of Miami-Dade County and in the office of |
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the task force. |
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(3) The task force shall submit a report of its activities |
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to the Governor, the Speaker of the House of Representatives, |
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and the President of the Senate by February 15 of each year. |
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Section 5. Review of pilot project.--Prior to the 2012 |
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Regular Session of the Legislature, the Office of Program Policy |
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Analysis and Government Accountability shall review and evaluate |
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the effectiveness and viability of the Tax-Free Urban |
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Revitalization Pilot Project created under this act. The Office |
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of Program Policy Analysis and Government Accountability shall |
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specifically evaluate whether relief from certain taxes induced |
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new investment and development in the area; increased the number |
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of jobs created or retained in the area; induced the renovation, |
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rehabilitation, restoration, improvement, or new construction of |
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businesses or housing within the area; or contributed to the |
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economic viability and profitability of business and commerce |
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located within the area. The Office of Program Policy Analysis |
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and Government Accountability shall submit a report of its |
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findings and recommendations to the Speaker of the House of |
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Representatives and the President of the Senate no later than |
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January 15, 2012. |
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Section 6. This act shall stand repealed on June 30, 2013, |
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and any designation made pursuant to this act shall be revoked |
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on that date. |
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Section 7. This act shall take effect January 1, 2004. |