Senate Bill sb1358er
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2 An act relating to enterprise zones; amending
3 s. 290.0065, F.S.; authorizing certain counties
4 or municipalities to apply to the Office of
5 Tourism, Trade, and Economic Development to
6 change enterprise zone boundaries; prescribing
7 conditions and deadlines related to the
8 boundary changes; amending s. 290.00675, F.S.;
9 authorizing the office to approve requests to
10 amend the boundaries of enterprise zones in two
11 communities with specified populations;
12 limiting the size by which the enterprise zones
13 may increase; requiring that the applications
14 for enterprise zone boundaries be filed by a
15 specified date; amending s. 290.00688, F.S.;
16 deleting census tract provisions relating to
17 the boundaries of an enterprise zone in Leon
18 County; creating ss. 290.00702, 290.00703, and
19 290.00704, F.S.; authorizing Osceola County or
20 Osceola County and the City of Kissimmee
21 jointly, the City of South Daytona, and the
22 City of Lake Wales to apply to the office for
23 designation of enterprise zones; providing
24 requirements and conditions with respect
25 thereto; authorizing Walton County, Miami-Dade
26 County or Miami-Dade County and the City of
27 West Miami jointly, and Miami-Dade County and
28 the City of Hialeah jointly to apply to the
29 office for designation of enterprise zones;
30 providing requirements and conditions with
31 respect thereto; authorizing the governing
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1 bodies of certain counties to apply to the
2 office to change the boundaries of enterprise
3 zones; requiring the office to approve the
4 application under certain circumstances;
5 providing requirements; prescribing conditions
6 and deadlines related to the boundary changes;
7 providing for severability of provisions in the
8 act; providing effective dates.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsection (11) of section 290.0065,
13 Florida Statutes, is amended, and subsections (12) and (13)
14 are added to that section, to read:
15 290.0065 State designation of enterprise zones.--
16 (11) Before December 31, 2004 June 1, 2002, the
17 governing body or governing bodies of a county or a
18 municipality in that is located within a county having a
19 population of more than 235,000 but less than 260,000 225,000
20 and in which an enterprise zone is designated under
21 subparagraph (3)(a)2. is located may apply to the Office of
22 Tourism, Trade, and Economic Development to change the
23 boundaries of the enterprise zone for the purpose of replacing
24 areas not suitable for development. The Office of Tourism,
25 Trade, and Economic Development shall approve the application
26 made pursuant to this subsection if the boundary change is
27 consistent with the categories, criteria, and limitations
28 imposed upon the establishment of such does not increase the
29 overall size of the enterprise zone and if any territory added
30 to the enterprise zone as a result of the boundary change is
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1 contiguous to the remaining area of the existing enterprise
2 zone.
3 (12) Notwithstanding any provisions in s. 290.0055
4 regarding the size of an enterprise zone, any county defined
5 by s. 125.011(1) may apply to the Office of Tourism, Trade,
6 and Economic Development by October 1, 2004, to expand the
7 boundary of an existing enterprise zone to include an
8 additional 8.7 square miles. The area must also include areas
9 to the north or east of the northeasternmost section of an
10 existing enterprise zone. The expanded area may not include
11 any area not described in this subsection. The Office of
12 Tourism, Trade, and Economic Development shall approve an
13 amendment to the boundary of an enterprise zone under this
14 subsection by January 1, 2005, if the area proposed for
15 addition to the enterprise zone is consistent with the
16 criteria and conditions imposed by s. 290.0055 upon the
17 establishment of enterprise zones, including the requirement
18 that the area suffer from pervasive poverty, unemployment, and
19 general distress.
20 (13) Before November 30, 2004, any county as defined
21 in s. 125.011 may apply to the Office of Tourism, Trade, and
22 Economic Development to change the boundaries of an existing
23 enterprise zone for the purpose of replacing an area of not
24 more than 75 acres within the enterprise zone as of January 1,
25 2004, with an area of the same number of acres outside the
26 enterprise zone as of January 1, 2004. The replacement area
27 must be contiguous to the existing enterprise zone and must be
28 a part of a revitalization area that has been targeted for
29 assistance by the county. The replacement area also must be
30 contiguous to a zoo and the county must have previously
31 completed a master plan for development of the area. The
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1 Office of Tourism, Trade, and Economic Development shall
2 approve the amendment effective January 1, 2005, if the
3 enterprise zone remains consistent with the criteria and
4 conditions imposed by s. 290.0055 upon the establishment of
5 enterprise zones, including the requirement that the area
6 suffer from pervasive poverty, unemployment, and general
7 distress.
8 Section 2. Section 290.00675, Florida Statutes, is
9 amended to read:
10 290.00675 Amendment of certain enterprise zone
11 boundaries.--
12 (1) Notwithstanding any other provisions of law, the
13 Office of Tourism, Trade, and Economic Development may amend
14 the boundaries of an area designated as an enterprise zone in
15 a community having a population of 235,000 persons but less
16 than 260,000, so long as the area does not increase the
17 overall size of the zone by greater than 25 acres and the
18 increased area is contiguous to the existing enterprise zone.
19 The amendment must also be consistent with the limitations
20 imposed by s. 290.0055 upon establishment of the enterprise
21 zone.
22 (2) Notwithstanding any other provisions of law, the
23 Office of Tourism, Trade, and Economic Development may approve
24 requests to amend the boundaries of an area designated as an
25 enterprise zone in a community having a population of 50,000
26 persons but fewer than 60,000, so long as the area does not
27 increase the overall size of the zone by greater than 400
28 acres and the increased area is contiguous to the existing
29 enterprise zone. The amendment must also be consistent with
30 the limitations imposed by s. 290.0055 upon establishment of
31 the enterprise zone. Such request must be submitted to the
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1 Office of Tourism, Trade, and Economic Development prior to
2 December 31, 2004.
3 (3) Notwithstanding any other law, the Office of
4 Tourism, Trade, and Economic Development may amend the
5 boundaries of an area designated as The City of
6 Brooksville/Hernando County Enterprise Zone # 2701. Hernando
7 County is a community having a population greater than
8 140,000. The boundary amendment must not increase the overall
9 size of the enterprise zone by more than 5 square miles. The
10 increased area shall be contiguous to the existing enterprise
11 zone. The boundary amendment must also be consistent with the
12 limitations imposed by s. 290.0055. The application package
13 for the boundary amendment must be submitted to the Office of
14 Tourism, Trade, and Economic Development no later than
15 December 31, 2004.
16 Section 3. Section 290.00688, Florida Statutes, is
17 amended to read:
18 290.00688 Enterprise zone designation for Leon
19 County.--Leon County, or Leon County and the City of
20 Tallahassee jointly, may apply to the Office of Tourism,
21 Trade, and Economic Development for designation of one
22 enterprise zone, the selected area of which shall not exceed
23 20 square miles and shall have a continuous boundary, or
24 consist of not more than three noncontiguous areas per s.
25 290.0055(4)(a). The enterprise zone shall encompass an area or
26 areas within the following census tracts for Leon County
27 pursuant to the 1990 Census:
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29 Census tract 1, block group 1; census tract 2, block group 1;
30 census tract 2, block group 3; census tract 2, block group 4;
31 census tract 3, block group 1; census tract 4, block group 1;
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1 census tract 4, block group 2; census tract 5, block group 1;
2 census tract 5, block group 2; census tract 6, block group 1;
3 census tract 6, block group 2; census tract 6, block group 3;
4 census tract 6, block group 4; census tract 7, block group 1;
5 census tract 7, block group 2; census tract 7, block group 3;
6 census tract 10.01, block group 1; census tract 10.01, block
7 group 2; census tract 10.01, block group 3; census tract
8 11.01, block group 1; census tract 11.01, block group 2;
9 census tract 11.01, block group 3; census tract 11.02, block
10 group 1; census tract 11.02, block group 3; census tract 12,
11 block group 1; census tract 13, block group 1; census tract
12 13, block group 2; census tract 14, block group 1; census
13 tract 14, block group 2; census tract 14, block group 3;
14 census tract 14, block group 4; census tract 14, block group
15 5; census tract 15, block group 1; census tract 16.01, block
16 group 1; census tract 18, block group 3; census tract 18,
17 block group 4; census tract 19, block group 1; census tract
18 19, block group 3; census tract 19, block group 4; census
19 tract 20.01, block group 1; census tract 20.01, block group 2;
20 census tract 20.01, block group 3; census tract 20.01, block
21 group 4; census tract 20.01, block group 5; census tract
22 20.02, block group 1; census tract 20.02, block group 2;
23 census tract 20.02, block group 3; census tract 20.02, block
24 group 5; census tract 21, block group 1; census tract 21,
25 block group 3; census tract 21, block group 4; census tract
26 21, block group 5; census tract 21, block group 7; census
27 tract 22.01, block group 1; census tract 23.01, block group 3;
28 census tract 23.01, block group 5; census tract 26.02, block
29 group 4.
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1 The application must be submitted by December 31, 2002, and
2 must comply with the requirements of s. 290.0055.
3 Notwithstanding the provisions of s. 290.0065 limiting the
4 total number of enterprise zones designated and the number of
5 enterprise zones within a population category, the Office of
6 Tourism, Trade, and Economic Development may designate one
7 enterprise zone under this section. The Office of Tourism,
8 Trade, and Economic Development shall establish the initial
9 effective date of the enterprise zone designated pursuant to
10 this section.
11 Section 4. Section 290.00702, Florida Statutes, is
12 created to read:
13 290.00702 Enterprise zone designation for Osceola
14 County or Osceola County and Kissimmee.--Osceola County, or
15 Osceola County and the City of Kissimmee jointly, may apply to
16 the Office of Tourism, Trade, and Economic Development for
17 designation of one enterprise zone within the county, or
18 within both the county and the city. The application must be
19 submitted by December 31, 2004, and must comply with the
20 requirements of s. 290.0055. Notwithstanding the provisions of
21 s. 290.0065 limiting the total number of enterprise zones
22 designated and the number of enterprise zones within a
23 population category, the Office of Tourism, Trade, and
24 Economic Development may designate one enterprise zone under
25 this section. The Office of Tourism, Trade, and Economic
26 Development shall establish the initial effective date of the
27 enterprise zone designated under this section.
28 Section 5. Section 290.00703, Florida Statutes, is
29 created to read:
30 290.00703 Enterprise zone designation for the City of
31 South Daytona.--The City of South Daytona may apply to the
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1 Office of Tourism, Trade, and Economic Development for
2 designation of one enterprise zone within the city. The
3 application must be submitted by December 31, 2004, and must
4 comply with the requirements of s. 290.0055. Notwithstanding
5 the provisions of s. 290.0065 limiting the total number of
6 enterprise zones designated and the number of enterprise zones
7 within a population category, the Office of Tourism, Trade,
8 and Economic Development may designate one enterprise zone
9 under this section. The Office of Tourism, Trade, and Economic
10 Development shall establish the initial effective date of the
11 enterprise zone designated under this section.
12 Section 6. Section 290.00704, Florida Statutes, is
13 created to read:
14 290.00704 Enterprise zone designation for the City of
15 Lake Wales.--The City of Lake Wales may apply to the Office of
16 Tourism, Trade, and Economic Development for designation of
17 one enterprise zone for an area within the City of Lake Wales,
18 which zone shall encompass an area up to 3 contiguous square
19 miles. The application must be submitted by December 31, 2004,
20 and must comply with the requirements of s. 290.0055.
21 Notwithstanding the provisions of s. 290.0065, limiting the
22 total number of enterprise zones designated and the number of
23 enterprise zones within a population category, the Office of
24 Tourism, Trade, and Economic Development may designate one
25 enterprise zone under this section. The Office of Tourism,
26 Trade, and Economic Development shall establish the initial
27 effective date of the enterprise zone designated pursuant to
28 this section.
29 Section 7. Enterprise zone designation for Walton
30 County.--Walton County may apply to the Office of Tourism,
31 Trade, and Economic Development for designation of one
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1 enterprise zone within an area in Walton County which
2 encompasses up to 6 square miles. The application must be
3 submitted by December 31, 2004, and must comply with the
4 requirements of section 290.0055, Florida Statutes, except
5 subsection (3) thereof. Notwithstanding section 290.0065,
6 Florida Statutes, limiting the total number of enterprise
7 zones designated and the number of enterprise zones within a
8 population category, the Office of Tourism, Trade, and
9 Economic Development may designate one enterprise zone under
10 this section. The Office of Tourism, Trade, and Economic
11 Development shall establish the initial effective date of the
12 enterprise zone designated pursuant to this section.
13 Section 8. Enterprise zone designation for the City of
14 West Miami.--Miami-Dade County or Miami-Dade County, jointly
15 with the City of West Miami, may apply to the Office of
16 Tourism, Trade, and Economic Development for designation of
17 one enterprise zone within the City of West Miami. The
18 application must be submitted by December 31, 2004, and must
19 comply with the requirements of section 290.0055, Florida
20 Statutes. Notwithstanding the provisions of section 290.0065,
21 Florida Statutes, limiting the total number of enterprise
22 zones designated and the number of enterprise zones within a
23 population category, the Office of Tourism, Trade, and
24 Economic Development may designate one enterprise zone under
25 this section. The Office of Tourism, Trade, and Economic
26 Development shall establish the initial effective date of the
27 enterprise zone designated under this section.
28 Section 9. (1) Notwithstanding the limitation in
29 section 290.0065, Florida Statutes, on the number of
30 enterprise zones within a population category, the Office of
31 Tourism, Trade, and Economic Development shall designate, upon
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1 joint application by Miami-Dade County and the City of
2 Hialeah, an area within the municipality of the City of
3 Hialeah in an area bounded by 32nd Street, 21st Street, Palm
4 Avenue, and East 4th Avenue as an enterprise zone. The
5 application must be submitted by June 1, 2004, and must comply
6 with the requirements of section 290.0055, Florida Statutes,
7 except for paragraph (4)(d). The effective date of the
8 enterprise zone is July 1, 2004.
9 (2) This section shall take effect upon becoming a
10 law.
11 Section 10. Notwithstanding any other provision of
12 law, a governing body located wholly within the boundaries of
13 a consolidated government may apply to the Office of Tourism,
14 Trade, and Economic Development to amend the boundary of its
15 existing enterprise zone. The area proposed for addition to
16 the enterprise zone must include the three noncontiguous areas
17 designated as a federal empowerment zone under the 2000
18 Community Renewal Tax Relief Act without any limitations as to
19 size. The Office of Tourism, Trade, and Economic Development
20 may approve an amendment to the enterprise zone boundary lines
21 if the application is submitted before December 31, 2004, and
22 meets the requirements of this section.
23 Section 11. Notwithstanding any other provision of
24 chapter 290, Florida Statutes, the governing body of any
25 inland county, with a state-designated enterprise zone and a
26 population greater than 500,000, may apply to the Office of
27 Tourism, Trade, and Economic Development to amend the
28 boundaries of such enterprise zone. The increased areas shall
29 be contiguous to the existing enterprise zone. The office
30 shall approve the application as long as the amended area does
31 not exceed 5 square miles and is consistent with the
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1 categories, criteria, and limitations imposed by section
2 290.0055, Florida Statutes, upon the establishment of such
3 enterprise zone. The enterprise zone boundary amendment
4 application must be received before December 31, 2004.
5 Section 12. If any provision of this act or its
6 application to any person or circumstance is held invalid, the
7 invalidity does not affect other provisions or applications of
8 the act which can be given effect without the invalid
9 provision or application, and to this end the provisions of
10 this act are severable.
11 Section 13. Except as otherwise expressly provided in
12 this act, this act shall take effect July 1, 2004.
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