HB 0105

1
A bill to be entitled
2An act relating to enterprise zones; amending s. 290.0065,
3F.S.; authorizing certain counties or municipalities to
4apply to the Office of Tourism, Trade, and Economic
5Development to change enterprise zone boundaries;
6prescribing conditions and deadlines related to the
7boundary changes; amending s. 290.00675, F.S.; authorizing
8the office to approve requests to amend the boundaries of
9enterprise zones in two communities with specified
10populations; limiting the size by which the enterprise
11zones may be increased; requiring that the applications
12for enterprise zone boundaries be filed by a specified
13date; amending s. 290.00688, F.S.; deleting census tract
14provisions relating to the boundaries of an enterprise
15zone in Leon County; creating ss. 290.00702, 290.00703,
16and 290.00704, F.S.; authorizing Osceola County or Osceola
17County and the City of Kissimmee jointly, the City of  
18South Daytona, and the City of Lake Wales to apply to the
19office for designation of enterprise zones; providing
20requirements and conditions with respect thereto;
21authorizing Walton County, Miami-Dade County or Miami-Dade
22County and the City of West Miami jointly, and Miami-Dade
23County and the City of Hialeah jointly to apply to the
24office for designation of enterprise zones; providing
25requirements and conditions with respect thereto;
26authorizing the governing bodies of certain counties to
27apply to the office to change the boundaries of enterprise
28zones; prescribing conditions and deadlines related to the
29boundary changes; authorizing the governing body of
30certain counties to apply to the Office of Tourism, Trade,
31and Economic Development to amend the boundaries of a
32certain area within a certain enterprise zone; requiring
33the office to approve the application under certain
34circumstances; providing requirements; providing
35severability; providing effective dates.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Subsection (11) of section 290.0065, Florida
40Statutes, is amended, and subsections (12) and (13) are added to
41that section, to read:
42     290.0065  State designation of enterprise zones.--
43     (11)  Before December 31, 2004 June 1, 2002, the governing
44body or governing bodies  of a county or a municipality in that
45is located within a county having a population of more than
46235,000 but less than 260,000 225,000 and in which an enterprise
47zone is designated under subparagraph (3)(a)2. is located may
48apply to the Office of Tourism, Trade, and Economic Development
49to change the boundaries of the enterprise zone for the purpose
50of replacing areas not suitable for development. The Office of
51Tourism, Trade, and Economic Development shall approve the
52application made pursuant to this subsection if the boundary
53change is consistent with the categories, criteria, and
54limitations imposed upon the establishment of such does not
55increase the overall size of the enterprise zone and if any
56territory added to the enterprise zone as a result of the
57boundary change is contiguous to the remaining area of the
58existing enterprise zone.
59     (12)  Notwithstanding any provisions in s. 290.0055
60regarding the size of an enterprise zone, any county defined by
61s. 125.011(1) may apply to the Office of Tourism, Trade, and
62Economic Development by October 1, 2004, to expand the boundary
63of an existing enterprise zone to include an additional 8.7
64square miles. The area must also include areas to the north or
65east of the northeasternmost section of an existing enterprise
66zone. The expanded area may not include any area not described
67in this subsection. The Office of Tourism, Trade, and Economic
68Development shall approve an amendment to the boundary of an
69enterprise zone under this subsection by January 1, 2005, if the
70area proposed for addition to the enterprise zone is consistent
71with the criteria and conditions imposed by s. 290.0055 upon the
72establishment of enterprise zones, including the requirement
73that the area suffer from pervasive poverty, unemployment, and
74general distress.
75     (13)  Before November 30, 2004, any county as defined in s.
76125.011 may apply to the Office of Tourism, Trade, and Economic
77Development to change the boundaries of an existing enterprise
78zone for the purpose of replacing an area of not more than 75
79acres within the enterprise zone as of January 1, 2004, with an
80area of the same number of acres outside the enterprise zone as
81of January 1, 2004. The replacement area must be contiguous to
82the existing enterprise zone and must be a part of a
83revitalization area that has been targeted for assistance by the
84county. The replacement area also must be contiguous to a zoo
85and the county must have previously completed a master plan for
86development of the area. The Office of Tourism, Trade, and
87Economic Development shall approve the amendment effective
88January 1, 2005, if the enterprise zone remains consistent with
89the criteria and conditions imposed by s. 290.0055 upon the
90establishment of enterprise zones, including the requirement
91that the area suffer from pervasive poverty, unemployment, and
92general distress.
93     Section 2.  Section 290.00675, Florida Statutes, is amended
94to read:
95     290.00675  Amendment of certain enterprise zone
96boundaries.--
97     (1)  Notwithstanding any other provisions of law, the
98Office of Tourism, Trade, and Economic Development may amend the
99boundaries of an area designated as an enterprise zone in a
100community having a population of 235,000 persons but less than
101260,000, so long as the area does not increase the overall size
102of the zone by greater than 25 acres and the increased area is
103contiguous to the existing enterprise zone. The amendment must
104also be consistent with the limitations imposed by s. 290.0055
105upon establishment of the enterprise zone.
106     (2)  Notwithstanding any other provisions of law, the
107Office of Tourism, Trade, and Economic Development may approve
108requests to amend the boundaries of an area designated as an
109enterprise zone in a community having a population of 50,000
110persons but fewer than 60,000, so long as the area does not
111increase the overall size of the zone by greater than 400 acres
112and the increased area is contiguous to the existing enterprise
113zone. The amendment must also be consistent with the limitations
114imposed by s. 290.0055 upon establishment of the enterprise
115zone. Such request must be submitted to the Office of Tourism,
116Trade, and Economic Development prior to December 31, 2004.
117     (3)  Notwithstanding any other provision of law, the Office
118of Tourism, Trade, and Economic Development may amend the
119boundaries of an area designated as The City of
120Brooksville/Hernando County Enterprise Zone # 2701. Hernando
121County is a community having a population greater than 140,000.
122The boundary amendment must not increase the overall size of the
123enterprise zone by more than 5 square miles. The increased area
124shall be contiguous to the existing enterprise zone. The
125boundary amendment must also be consistent with the limitations
126imposed by s. 290.0055. The application package for the boundary
127amendment must be submitted to the Office of Tourism, Trade, and
128Economic Development no later than December 31, 2004.
129     Section 3.  Section 290.00688, Florida Statutes, is amended
130to read:
131     290.00688  Enterprise zone designation for Leon
132County.--Leon County, or Leon County and the City of Tallahassee
133Leon County, or Leon County and the City of Tallahassee jointly,
134may apply to the Office of Tourism, Trade, and Economic
135Development for designation of one enterprise zone, the selected
136area of which shall not exceed 20 square miles and shall have a
137continuous boundary, or consist of not more than three
138noncontiguous areas per s. 290.0055(4)(a). The enterprise zone
139shall encompass an area or areas within the following census
140tracts for Leon County pursuant to the 1990 Census:
141
142Census tract 1, block group 1; census tract 2, block group 1;
143census tract 2, block group 3; census tract 2, block group 4;
144census tract 3, block group 1; census tract 4, block group 1;
145census tract 4, block group 2; census tract 5, block group 1;
146census tract 5, block group 2; census tract 6, block group 1;
147census tract 6, block group 2; census tract 6, block group 3;
148census tract 6, block group 4; census tract 7, block group 1;
149census tract 7, block group 2; census tract 7, block group 3;
150census tract 10.01, block group 1; census tract 10.01, block
151group 2; census tract 10.01, block group 3; census tract 11.01,
152block group 1; census tract 11.01, block group 2; census tract
15311.01, block group 3; census tract 11.02, block group 1; census
154tract 11.02, block group 3; census tract 12, block group 1;
155census tract 13, block group 1; census tract 13, block group 2;
156census tract 14, block group 1; census tract 14, block group 2;
157census tract 14, block group 3; census tract 14, block group 4;
158census tract 14, block group 5; census tract 15, block group 1;
159census tract 16.01, block group 1; census tract 18, block group
1603; census tract 18, block group 4; census tract 19, block group
1611; census tract 19, block group 3; census tract 19, block group
1624; census tract 20.01, block group 1; census tract 20.01, block
163group 2; census tract 20.01, block group 3; census tract 20.01,
164block group 4; census tract 20.01, block group 5; census tract
16520.02, block group 1; census tract 20.02, block group 2; census
166tract 20.02, block group 3; census tract 20.02, block group 5;
167census tract 21, block group 1; census tract 21, block group 3;
168census tract 21, block group 4; census tract 21, block group 5;
169census tract 21, block group 7; census tract 22.01, block group
1701; census tract 23.01, block group 3; census tract 23.01, block
171group 5; census tract 26.02, block group 4.
172
173The application must be submitted by December 31, 2002, and must
174comply with the requirements of s. 290.0055. Notwithstanding the
175provisions of s. 290.0065 limiting the total number of
176enterprise zones designated and the number of enterprise zones
177within a population category, the Office of Tourism, Trade, and
178Economic Development may designate one enterprise zone under
179this section. The Office of Tourism, Trade, and Economic
180Development shall establish the initial effective date of the
181enterprise zone designated pursuant to this section.
182     Section 4.  Section 290.00702, Florida Statutes, is created
183to read:
184     290.00702  Enterprise zone designation for Osceola County
185or Osceola County and Kissimmee.--Osceola County, or Osceola
186County and the City of Kissimmee jointly, may apply to the
187Office of Tourism, Trade, and Economic Development for
188designation of one enterprise zone within the county, or within
189both the county and the city. The application must be submitted
190by December 31, 2004, and must comply with the requirements of
191s. 290.0055. Notwithstanding the provisions of s. 290.0065
192limiting the total number of enterprise zones designated and the
193number of enterprise zones within a population category, the
194Office of Tourism, Trade, and Economic Development may designate
195one enterprise zone under this section. The Office of Tourism,
196Trade, and Economic Development shall establish the initial
197effective date of the enterprise zone designated under this
198section.
199     Section 5.  Section 290.00703, Florida Statutes, is created
200to read:
201     290.00703  Enterprise zone designation for the City of
202South Daytona.--The City of South Daytona may apply to the
203Office of Tourism, Trade, and Economic Development for
204designation of one enterprise zone within the city. The
205application must be submitted by December 31, 2004, and must
206comply with the requirements of s. 290.0055. Notwithstanding the
207provisions of s. 290.0065 limiting the total number of
208enterprise zones designated and the number of enterprise zones
209within a population category, the Office of Tourism, Trade, and
210Economic Development may designate one enterprise zone under
211this section. The Office of Tourism, Trade, and Economic
212Development shall establish the initial effective date of the
213enterprise zone designated under this section.
214     Section 6.  Section 290.00704, Florida Statutes, is created
215to read:
216     290.00704  Enterprise zone designation for the City of Lake
217Wales.--The City of Lake Wales may apply to the Office of
218Tourism, Trade, and Economic Development for designation of one
219enterprise zone for an area within the City of Lake Wales, which
220zone shall encompass an area up to 3 contiguous square miles.
221The application must be submitted by December 31, 2004, and must
222comply with the requirements of s. 290.0055. Notwithstanding the
223provisions of s. 290.0065, limiting the total number of
224enterprise zones designated and the number of enterprise zones
225within a population category, the Office of Tourism, Trade, and
226Economic Development may designate one enterprise zone under
227this section. The Office of Tourism, Trade, and Economic
228Development shall establish the initial effective date of the
229enterprise zone designated pursuant to this section.
230     Section 7.  Enterprise zone designation for Walton
231County.--Walton County may apply to the Office of Tourism,
232-Walton County may apply to the Office of Tourism, Trade, and
233Economic Development for designation of one enterprise zone
234within an area in Walton County which encompasses up to 6 square
235miles.  The application must be submitted by December 31, 2004,
236and must comply with the requirements of section 290.0055,
237Florida Statutes, except subsection (3) thereof. Notwithstanding
238section 290.0065, Florida Statutes, limiting the total number of
239enterprise zones designated and the number of enterprise zones
240within a population category, the Office of Tourism, Trade, and
241Economic Development may designate one enterprise zone under
242this section. The Office of Tourism, Trade, and Economic
243Development shall establish the initial effective date of the
244enterprise zone designated pursuant to this section.
245     Section 8.  Enterprise zone designation for the City of
246West Miami.--Miami-Dade County or Miami-Dade County, jointly
247with the City of West Miami, may apply to the Office of Tourism,
248Trade, and Economic Development for designation of one
249enterprise zone within the City of West Miami. The application
250must be submitted by December 31, 2004, and must comply with the
251requirements of section 290.0055, Florida Statutes.
252Notwithstanding the provisions of section 290.0065, Florida
253Statutes, limiting the total number of enterprise zones
254designated and the number of enterprise zones within a
255population category, the Office of Tourism, Trade, and Economic
256Development may designate one enterprise zone under this
257section. The Office of Tourism, Trade, and Economic Development
258shall establish the initial effective date of the enterprise
259zone designated under this section.
260     Section 9.  (1)  Notwithstanding the limitation in section
261290.0065, Florida Statutes, on the number of enterprise zones
262within a population category, the Office of Tourism, Trade, and
263Economic Development shall designate, upon joint application by
264Miami-Dade County and the City of Hialeah, an area within the
265municipality of the City of Hialeah in an area bounded by 32nd
266Street, 21st Street, Palm Avenue, and East 4th Avenue as an
267enterprise zone. The application must be submitted by June 1,
2682004, and must comply with the requirements of section 290.0055,
269Florida Statutes, except for paragraph(4)(d). The effective date
270of the enterprise zone is July 1, 2004.
271     (2)  This section shall take effect upon becoming a law.
272     Section 10.  Notwithstanding any other provision of law, a
273governing body located wholly within the boundaries of a
274consolidated government may apply to the Office of Tourism,
275Trade, and Economic Development to amend the boundary of its
276existing enterprise zone. The area proposed for addition to the
277enterprise zone must include the three noncontiguous areas
278designated as a federal empowerment zone under the 2000
279Community Renewal Tax Relief Act without any limitations as to
280size. The Office of Tourism, Trade, and Economic Development may
281approve an amendment to the enterprise zone boundary lines if
282the application is submitted before December 31, 2004, and meets
283the requirements of this section.
284     Section 11.  Notwithstanding any other provision of chapter
285290, Florida Statutes, the governing body of any inland county,
286with a state-designated enterprise zone and a population greater
287than 500,000, may apply to the Office of Tourism, Trade, and
288Economic Development to amend the boundaries of such enterprise
289zone. The increased areas shall be contiguous to the existing
290enterprise zone. The office shall approve the application as
291long as the amended area does not exceed 5 square miles and is
292consistent with the categories, criteria, and limitations
293imposed by section  290.0055, Florida Statutes, upon the
294establishment of such enterprise zone. The enterprise zone
295boundary amendment application must be received before December
29631, 2004.
297     Section 12.  If any provision of this act or its
298application to any person or circumstance is held invalid, the
299invalidity does not affect other provisions or applications of
300the act which can be given effect without the invalid provision
301or application, and to this end the provisions of this act are
302severable.
303     Section 13.  Except as otherwise expressly provided in this
304act, this act shall take effect July 1, 2004.


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