Senate Bill sb1770c1

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    Florida Senate - 2005                           CS for SB 1770

    By the Committee on Commerce and Consumer Services





    577-1792-05

  1                      A bill to be entitled

  2         An act relating to the Florida Enterprise Zone

  3         Act; amending s. 290.001, F.S.; revising the

  4         name of the act; amending s. 290.004, F.S.;

  5         deleting obsolete definitions; amending s.

  6         290.0055, F.S.; revising procedures for

  7         counties or municipalities to nominate an area

  8         for designation as a new enterprise zone;

  9         deleting obsolete provisions; removing the

10         authority for certain counties to nominate more

11         than one enterprise zone; revising criteria for

12         eligibility of an area for nomination by

13         certain local governments for designation as an

14         enterprise zone; revising procedures and

15         requirements for amending enterprise zone

16         boundaries; amending s. 290.0056, F.S.;

17         deleting a requirement that a governing body

18         appoint the board of an enterprise zone

19         development agency by ordinance; revising

20         requirements for making such appointments;

21         deleting a requirement that a certificate of

22         appointment of a board member be filed with the

23         clerk of the county or municipality; deleting

24         the requirement that an annual report by a

25         board be published and available for inspection

26         in the office of the municipal or county clerk;

27         revising the powers and responsibilities of an

28         enterprise zone development agency; providing

29         additional responsibilities; revising certain

30         reporting requirements; amending s. 290.0057,

31         F.S.; specifying application of enterprise zone

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    Florida Senate - 2005                           CS for SB 1770
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 1         development plan requirements only to

 2         designations of new enterprise zones; amending

 3         s. 290.0058, F.S.; updating obsolete

 4         references; revising requirements for

 5         determining pervasive poverty in an area

 6         nominated as a rural enterprise zone; providing

 7         an exception for areas nominated for

 8         designation as a rural enterprise zone;

 9         amending s. 290.0065, F.S.; establishing the

10         maximum number of enterprise zones allowed,

11         subject to any new zones authorized by the

12         Legislature; revising the procedure for

13         designating a new enterprise zone if an

14         existing zone is not redesignated; deleting a

15         requirement that an application for designation

16         as an enterprise zone be categorized by

17         population; deleting obsolete provisions;

18         authorizing the office to redesignate

19         enterprise zones having an effective date on or

20         before January 1, 2005; providing requirements

21         and procedures; authorizing a governing body to

22         request enterprise zone boundary changes;

23         requiring the office to determine, in

24         consultation with Enterprise Florida, Inc., the

25         merits of enterprise zone redesignations;

26         providing criteria; providing for an enterprise

27         zone redesignation approval procedure;

28         prohibiting an entity having jurisdiction over

29         an area denied redesignation as an enterprise

30         zone from reapplying for redesignation for 1

31         year; providing a redesignation procedure for

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    Florida Senate - 2005                           CS for SB 1770
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 1         zones authorized in conjunction with certain

 2         federal acts; providing requirements for an

 3         application for redesignation; deleting

 4         obsolete provisions; amending s. 290.0066,

 5         F.S.; providing that failure to make progress

 6         or failure to comply with measurable goals may

 7         be considered as grounds for revocation of an

 8         enterprise zone designation; amending s.

 9         290.012, F.S.; providing a transition date that

10         provides for a zone having an effective date on

11         or before January 1, 2005, to continue to exist

12         until December 21, 2005, and to expire on that

13         date; requiring any zone designated or

14         redesignated after January 1, 2006, to be

15         designated or redesignated in accordance with

16         the Florida Enterprise Zone Act; amending s.

17         290.014, F.S., to conform; amending s. 290.016,

18         F.S.; delaying the repeal of the Florida

19         Enterprise Zone Act; amending s. 163.345, F.S.,

20         to conform; amending ss. 166.231, 193.077,

21         193.085, 195.073, 196.012, 205.022, 205.054,

22         and 212.02, F.S.; extending expiration dates

23         with respect to various tax exemptions to

24         conform provisions to changes made by the act;

25         amending s. 212.08, F.S.; revising the

26         procedures for applying for a tax exemption on

27         building materials used to rehabilitate

28         property located in an enterprise zone;

29         deleting a limitation on claiming exemptions

30         through a refund of previously paid taxes;

31         extending an expiration date for the exemption;

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    Florida Senate - 2005                           CS for SB 1770
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 1         lowering the purchase threshold for an

 2         exemption for business property used in an

 3         enterprise zone from $5,000 per unit to $500

 4         per item; extending an expiration date for the

 5         exemption; deleting obsolete provisions

 6         governing the community contribution tax credit

 7         for donations, to conform; extending the

 8         expiration date of the tax credit for

 9         electrical energy used in an enterprise zone,

10         to conform; amending s. 212.096, F.S.;

11         extending the expiration date for the

12         enterprise zone jobs tax credit, to conform;

13         amending ss. 220.02 and 220.03, F.S.; extending

14         the expiration date of the enterprise zone jobs

15         tax credit against corporate income tax to

16         conform to changes made by the act; revising

17         definitions to extend the expiration date of

18         the credit to conform; amending s. 220.181,

19         F.S.; extending the expiration date of the tax

20         credit, to conform; amending s. 220.182, F.S.;

21         extending the expiration date of the enterprise

22         zone property tax credit, to conform; amending

23         s. 288.1175, F.S., to conform; amending s.

24         370.28, F.S.; providing that an enterprise zone

25         having an effective date on or before January

26         1, 2005, shall continue to exist until December

27         21, 2005, and shall expire on that date;

28         requiring that an enterprise zone in a

29         community affected by net limitations which is

30         redesignated after January 1, 2006, do so in

31         accordance with the Florida Enterprise Zone

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    Florida Senate - 2005                           CS for SB 1770
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 1         Act; repealing s. 290.00555, F.S., relating to

 2         the designation of a satellite enterprise zone;

 3         repealing s. 290.0067, F.S., relating to an

 4         enterprise zone in Lake Apopka; repealing s.

 5         290.00675, F.S., relating to a boundary

 6         amendment for the City of Brooksville in

 7         Hernando County; repealing s. 290.00676, F.S.,

 8         relating to an amendment of certain rural

 9         enterprise zone boundaries; repealing s.

10         290.00678, F.S., relating to a designation of

11         rural champion communities as enterprise zones;

12         repealing s. 290.00679, F.S., relating to

13         amendments to certain rural enterprise zone

14         boundaries; repealing s. 290.0068, F.S.,

15         relating to the designation of an enterprise

16         zone encompassing a brownfield pilot project;

17         repealing s. 290.00685, F.S., relating to an

18         application to amend boundaries of an

19         enterprise zone containing a brownfield pilot

20         project; repealing s. 290.00686, F.S., relating

21         to the designation of enterprise zones in

22         Brevard County and the City of Cocoa; repealing

23         s. 290.00687, F.S., relating to the designation

24         of an enterprise zone in Pensacola; repealing

25         s. 290.00688, F.S., relating to the designation

26         of an enterprise zone in Leon County; repealing

27         s. 290.00689, F.S., relating to the designation

28         of a pilot project in an enterprise zone;

29         repealing s. 290.0069, F.S., relating to the

30         designation of an enterprise zone in Liberty

31         County; repealing s. 290.00691, F.S., relating

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    Florida Senate - 2005                           CS for SB 1770
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 1         to the designation of an enterprise zone in

 2         Columbia County and Lake City; repealing s.

 3         290.00692, F.S., relating to the designation of

 4         an enterprise zone in Suwannee County and Live

 5         Oak; repealing s. 290.00693, F.S., relating to

 6         the designation of an enterprise zone in

 7         Gadsden County; repealing s. 290.00694, F.S.,

 8         relating to the designation of an enterprise

 9         zone in Sarasota County and Sarasota; repealing

10         s. 290.00695, F.S., relating to the designation

11         of enterprise zones in Hernando County and

12         Brooksville; repealing s. 290.00696, F.S.,

13         relating to the designation of an enterprise

14         zone in Holmes County; repealing s. 290.00697,

15         F.S., relating to the designation of an

16         enterprise zone in Calhoun County; repealing s.

17         290.00698, F.S., relating to the designation of

18         an enterprise zone in Okaloosa County;

19         repealing s. 290.00699, F.S., relating to the

20         designation of an enterprise zone in

21         Hillsborough County; repealing s. 290.00701,

22         F.S., relating to the designation of an

23         enterprise zone in Escambia County; repealing

24         s. 290.00702, F.S., relating to the designation

25         of enterprise zones in Osceola County and the

26         City of Kissimmee; repealing s. 290.00703,

27         F.S., relating to the designation of an

28         enterprise zone in South Daytona; repealing s.

29         290.00704, F.S., relating to the designation of

30         an enterprise zone in Lake Wales; repealing s.

31         290.00705, F.S., relating to the designation of

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    Florida Senate - 2005                           CS for SB 1770
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 1         an enterprise zone in Walton County; repealing

 2         s. 290.00706, F.S., relating to the designation

 3         of enterprise zones in Miami-Dade County and

 4         the City of West Miami; repealing s. 290.00707,

 5         F.S., relating to the designation of an

 6         enterprise zone in Hialeah; repealing s.

 7         290.00708, F.S., relating to a boundary

 8         amendment in an enterprise zone within a

 9         consolidated government; repealing s.

10         290.00709, F.S., relating to a boundary

11         amendment in an enterprise zone within an

12         inland county; repealing s. 290.009, F.S.,

13         relating to the Enterprise Zone Interagency

14         Coordinating Council; repealing s. 290.015,

15         F.S., relating to an evaluation and review of

16         the enterprise zone program; repealing s.

17         212.08(5)(g), F.S., relating to a tax exemption

18         for building materials used in the

19         rehabilitation of real property in an

20         enterprise zone; repealing s. 212.08(5)(h),

21         F.S., relating to a tax exemption for business

22         property used in an enterprise zone; repealing

23         s. 212.08(15), F.S., relating to tax exemptions

24         for electrical energy used in an enterprise

25         zone; repealing s. 212.096, F.S., relating to

26         enterprise zone jobs credit against sales tax;

27         authorizing the continuation of tax credits;

28         providing an effective date.

29  

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

31  

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 1         Section 1.  Section 290.001, Florida Statutes, is

 2  amended to read:

 3         290.001  Florida Enterprise Zone Act of 1994; popular

 4  name short title.--Sections 290.001-290.016 may be cited as

 5  the "Florida Enterprise Zone Act of 1994."

 6         Section 2.  Section 290.004, Florida Statutes, is

 7  amended to read:

 8         290.004  Definitions relating to Florida Enterprise

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

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

11  business investment corporation, a certified development

12  corporation, a small business investment corporation, or other

13  similar entity incorporated under Florida law that has limited

14  its investment policy to making investments solely in minority

15  business enterprises.

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

17         (2)(3)  "Director" means the director of the Office of

18  Tourism, Trade, and Economic Development.

19         (3)(4)  "Governing body" means the council or other

20  legislative body charged with governing the county or

21  municipality.

22         (5)  "Interagency coordinating council" means the

23  Enterprise Zone Interagency Coordinating Council created

24  pursuant to s. 290.009.

25         (4)(6)  "Minority business enterprise" has the same

26  meaning as in s. 288.703.

27         (5)(7)  "Office" means the Office of Tourism, Trade,

28  and Economic Development.

29         (6)(8)  "Rural enterprise zone" means an enterprise

30  zone that is nominated by a county having a population of

31  75,000 or fewer, or a county having a population of 100,000 or

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 1  fewer which is contiguous to a county having a population of

 2  75,000 or fewer, or by a municipality in such a county, or by

 3  such a county and one or more municipalities. An enterprise

 4  zone designated in accordance with s. 290.0065(5)(b) or s.

 5  370.28 is considered to be a rural enterprise zone.

 6         (9)  "Secretary" means the Secretary of Commerce.

 7         (7)(10)  "Small business" has the same meaning as in s.

 8  288.703.

 9         Section 3.  Subsections (1), (3), (4), (6), and (7) of

10  section 290.0055, Florida Statutes, are amended to read:

11         290.0055  Local nominating procedure.--

12         (1)  If, pursuant to s. 290.0065, an opportunity exists

13  for designation of a new enterprise zone, any county or

14  municipality, or a county and one or more municipalities

15  together, may apply to the office department for the

16  designation of an area as an enterprise zone after completion

17  of the following:

18         (a)  The adoption by the governing body or bodies of a

19  resolution which:

20         1.  Finds that an area exists in such county or

21  municipality, or in both the county and one or more

22  municipalities, which chronically exhibits extreme and

23  unacceptable levels of poverty, unemployment, physical

24  deterioration, and economic disinvestment;

25         2.  Determines that the rehabilitation, conservation,

26  or redevelopment, or a combination thereof, of such area is

27  necessary in the interest of the public health, safety, and

28  welfare of the residents of such county or municipality, or

29  such county and one or more municipalities; and

30         3.  Determines that the revitalization of such area can

31  occur only if the private sector can be induced to invest its

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 1  own resources in productive enterprises that build or rebuild

 2  the economic viability of the area.

 3         (b)  The creation of an enterprise zone development

 4  agency pursuant to s. 290.0056.

 5         (c)  The creation and adoption of a strategic plan

 6  pursuant to s. 290.0057.

 7         (3)  A county or municipality, or a county and one or

 8  more municipalities together, may not nominate more than one

 9  enterprise zone. However, any county as defined by s.

10  125.011(1) may nominate more than one enterprise zone.

11         (4)  An area nominated by a county or municipality, or

12  a county and one or more municipalities together, for

13  designation as an enterprise zone shall be eligible for

14  designation under s. 290.0065 only if it meets the following

15  criteria:

16         (a)  The selected area does not exceed 20 square miles.

17  The selected area must have a continuous boundary, or consist

18  of not more than three noncontiguous parcels.

19         (b)1.  The selected area does not exceed the following

20  mileage limitation:

21         2.  For communities having a total population of

22  150,000 persons or more, or for a rural enterprise zone, the

23  selected area shall not exceed 20 square miles.

24         3.  For communities having a total population of 50,000

25  persons or more but less than 150,000 persons, the selected

26  area shall not exceed 10 square miles.

27         4.  For communities having a total population of 20,000

28  persons or more but less than 50,000 persons, the selected

29  area shall not exceed 5 square miles.

30  

31  

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 1         5.  For communities having a total population of 7,500

 2  persons or more but less than 20,000 persons, the selected

 3  area shall not exceed 3 square miles.

 4         6.  For communities having a total population of less

 5  than 7,500 persons, the selected area shall not exceed 3

 6  square miles.

 7         (c)  The selected area does not include any portion of

 8  a central business district, as that term is used for purposes

 9  of the most recent Census of Retail Trade, unless the poverty

10  rate for each census geographic block group in the district is

11  not less than 30 percent. This paragraph does not apply to any

12  area nominated in a county that has a population which is less

13  than 50,000.

14         (c)(d)  The selected area suffers from pervasive

15  poverty, unemployment, and general distress, as described and

16  measured pursuant to s. 290.0058.

17         (6)(a)  The office department may approve a change in

18  the boundary of any enterprise zone which was designated

19  pursuant to s. 290.0065. A boundary change must continue on or

20  before July 1, 1995, if such change is limited to a deletion

21  of area from the enterprise zone and if, after the change is

22  made, the enterprise zone continues to satisfy the

23  requirements of subsections (3), (4), and (5).

24         (b)  Upon a recommendation by the enterprise zone

25  development agency, the governing body of the jurisdiction

26  which authorized the application for an enterprise zone may

27  apply to the office for a change in boundary once every 3

28  years by adopting a resolution that:

29         1.  States with particularity the reasons for the

30  change; and

31  

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 1         2.  Describes specifically and, to the extent required

 2  by the office department, the boundary change to be made.

 3         (c)  All applications for boundary changes must be

 4  submitted to the department by April 1, 1997. Any boundary

 5  changes approved shall be effective July 1, 1997.

 6         (7)  Before June 30, 1999, the governing body of any

 7  county operating under home rule charter adopted pursuant to

 8  s. 10, s. 11, or s. 24, Art. VIII of the State Constitution of

 9  1885, as preserved by s. 6(e), Art. VIII of the State

10  Constitution of 1968, with a population of at least 2 million

11  persons, may apply to the Office of Tourism, Trade, and

12  Economic Development to amend the boundary lines of an

13  enterprise zone within the county for the purpose of

14  increasing by no more than 80 acres the noncontiguous area of

15  the enterprise zone located closest to the path where the

16  center of the August 24, 1992, storm known as Hurricane Andrew

17  crossed land. The Office of Tourism, Trade, and Economic

18  Development shall approve an application made pursuant to this

19  subsection if it is consistent with the categories, criteria,

20  and limitations imposed by this section upon the establishment

21  of such enterprise zone.

22         Section 4.  Subsections (2), (3), (5), (8), (11), and

23  (12) of section 290.0056, Florida Statutes, are amended to

24  read:

25         290.0056  Enterprise zone development agency.--

26         (2)  When the governing body creates an enterprise zone

27  development agency, that body shall, by ordinance, appoint a

28  board of commissioners of the agency, which shall consist of

29  not fewer than 8 or more than 13 commissioners. The governing

30  body may must appoint at least one representative from each of

31  the following: the local chamber of commerce; local financial

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 1  or insurance entities; local the businesses and, where

 2  possible, businesses operating within the nominated area; the

 3  residents residing within the nominated area; nonprofit

 4  community-based organizations operating within the nominated

 5  area; the regional workforce board local private industry

 6  council; the local code enforcement agency; and the local law

 7  enforcement agency. The terms of office of the commissioners

 8  shall be for 4 years, except that, in making the initial

 9  appointments, the governing body shall appoint two members for

10  terms of 3 years, two members for terms of 2 years, and one

11  member for a term of 1 year; the remaining initial members

12  shall serve for terms of 4 years. A vacancy occurring during a

13  term shall be filled for the unexpired term. The importance of

14  including individuals from the nominated area shall be

15  considered in making appointments. Further, the importance of

16  minority representation on the agency shall be considered in

17  making appointments so that the agency generally reflects the

18  gender and ethnic composition of the community as a whole.

19         (3)  A commissioner shall receive no compensation for

20  his or her services, but is entitled to the necessary

21  expenses, including travel expenses, incurred in the discharge

22  of his or her duties. Each commissioner shall hold office

23  until a successor has been appointed and has qualified. A

24  certificate of the appointment or reappointment of any

25  commissioner shall be filed with the clerk of the county or

26  municipality, and the certificate is conclusive evidence of

27  the due and proper appointment of the commissioner.

28         (5)  The governing body shall designate a chair and

29  vice chair from among the commissioners. An agency may employ

30  an executive director, technical experts, and such other

31  agents and employees, permanent and temporary, as it requires,

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 1  and determine their qualifications, duties, and compensation.

 2  For such legal service as it requires, an agency may employ or

 3  retain its own counsel and legal staff. An agency authorized

 4  to transact business and exercise powers under this act shall

 5  file with the governing body, on or before March 31 of each

 6  year, a report of its activities for the preceding fiscal

 7  year, which report shall include a complete financial

 8  statement setting forth its assets, liabilities, income, and

 9  operating expenses as of the end of such fiscal year. The

10  agency At the time of filing the report, the agency shall make

11  the report publish in a newspaper of general circulation in

12  the community a notice to the effect that such report has been

13  filed with the county or municipality and that the report is

14  available for inspection during business hours in the office

15  of the clerk of the municipality or county and in the office

16  of the agency.

17         (8)  The enterprise zone development agency shall have

18  the following powers and responsibilities:

19         (a)  To assist in the development, and implementation,

20  and annual review and update of the strategic plan or

21  measurable goals.

22         (b)  To oversee and monitor the implementation of the

23  strategic plan or measurable goals. The agency shall make

24  quarterly reports to the governing body of the municipality or

25  county, or the governing bodies of the county and one or more

26  municipalities, evaluating the progress in implementing the

27  strategic plan or measurable goals.

28         (c)  To identify and recommend to the governing body of

29  the municipality or county, or the governing bodies of the

30  county and one or more municipalities, ways to remove

31  regulatory barriers.

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 1         (d)  To identify to the local government or governments

 2  the financial needs of, and local resources or assistance

 3  available to, eligible businesses in the zone.

 4         (e)  To assist in promoting the enterprise zone

 5  incentives to residents and businesses within the enterprise

 6  zone.

 7         (f)  To recommend boundary changes, as appropriate, in

 8  the enterprise zone to the governing body.

 9         (g)  To work with organizations affiliated with Florida

10  Agricultural and Mechanical University, the University of

11  Florida, and the University of South Florida, a group of

12  universities unofficially named the "University Partnership

13  for Community Development," or similar organizations that have

14  combined their resources to provide development consulting on

15  a nonprofit basis.

16         (h)  To work with Enterprise Florida, Inc., and the

17  office to ensure that the enterprise zone coordinator receives

18  training on annual basis.

19         (11)  Prior to December 1 of each year, the agency

20  shall submit to the Office of Tourism, Trade, and Economic

21  Development a complete and detailed written report setting

22  forth:

23         (a)  Its operations and accomplishments during the

24  fiscal year.

25         (b)  The accomplishments and progress concerning the

26  implementation of the strategic plan or measurable goals, and

27  any updates to the strategic plan or measurable goals.

28         (c)  The number and type of businesses assisted by the

29  agency during the fiscal year.

30         (d)  The number of jobs created within the enterprise

31  zone during the fiscal year.

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 1         (e)  The usage and revenue impact of state and local

 2  incentives granted during the calendar year.

 3         (f)  Any other information required by the office.

 4         (12)  In the event that the nominated area selected by

 5  the governing body is not designated a state enterprise zone,

 6  the governing body may dissolve the agency after receiving

 7  notification from the department or the office that the area

 8  was not designated as an enterprise zone.

 9         Section 5.  Subsection (1) of section 290.0057, Florida

10  Statutes, is amended to read:

11         290.0057  Enterprise zone development plan.--

12         (1)  Any Each application for designation as a new an

13  enterprise zone must be accompanied by a strategic plan

14  adopted by the governing body of the municipality or county,

15  or the governing bodies of the county and one or more

16  municipalities together. At a minimum, the plan must:

17         (a)  Briefly describe the community's goals for

18  revitalizing the area.

19         (b)  Describe the ways in which the community's

20  approaches to economic development, social and human services,

21  transportation, housing, community development, public safety,

22  and educational and environmental concerns will be addressed

23  in a coordinated fashion, and explain how these linkages

24  support the community's goals.

25         (c)  Identify and describe key community goals and the

26  barriers that restrict the community from achieving these

27  goals, including a description of poverty and general

28  distress, barriers to economic opportunity and development,

29  and barriers to human development.

30         (d)  Describe the process by which the affected

31  community is a full partner in the process of developing and

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 1  implementing the plan and the extent to which local

 2  institutions and organizations have contributed to the

 3  planning process.

 4         (e)  Commit the governing body or bodies to enact and

 5  maintain local fiscal and regulatory incentives, if approval

 6  for the area is received under s. 290.0065. These incentives

 7  may include the municipal public service tax exemption

 8  provided by s. 166.231, the economic development ad valorem

 9  tax exemption provided by s. 196.1995, the occupational

10  license tax exemption provided by s. 205.054, local impact fee

11  abatement or reduction, or low-interest or interest-free loans

12  or grants to businesses to encourage the revitalization of the

13  nominated area.

14         (f)  Identify the amount of local and private resources

15  that will be available in the nominated area and the

16  private/public partnerships to be used, which may include

17  participation by, and cooperation with, universities,

18  community colleges, small business development centers, black

19  business investment corporations, certified development

20  corporations, and other private and public entities.

21         (g)  Indicate how state enterprise zone tax incentives

22  and state, local, and federal resources will be utilized

23  within the nominated area.

24         (h)  Identify the funding requested under any state or

25  federal program in support of the proposed economic, human,

26  community, and physical development and related activities.

27         (i)  Identify baselines, methods, and benchmarks for

28  measuring the success of carrying out the strategic plan.

29         Section 6.  Subsections (1), (2), and (5) of section

30  290.0058, Florida Statutes, are amended to read:

31  

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 1         290.0058  Determination of pervasive poverty,

 2  unemployment, and general distress.--

 3         (1)  In determining whether an area suffers from

 4  pervasive poverty, unemployment, and general distress, for

 5  purposes of ss. 290.0055 and 290.0065, the governing body and

 6  the office department shall use data from the most current

 7  decennial census, and from information published by the Bureau

 8  of the Census and the Bureau of Labor Statistics. The data

 9  shall be comparable in point or period of time and methodology

10  employed.

11         (2)  Pervasive poverty shall be evidenced by a showing

12  that poverty is widespread throughout the nominated area. The

13  poverty rate of the nominated area shall be established using

14  the following criteria:

15         (a)  In each census geographic block group within a

16  nominated area, the poverty rate may shall be not be less than

17  20 percent. However, for an area nominated for designation as

18  a rural enterprise zone which does not have a poverty rate of

19  more than 20 percent in each census geographic block group

20  within the nominated area, the poverty rate for the nominated

21  area may be calculated using the poverty rate for the entire

22  county, which may not be less than 20 percent.

23         (b)  In at least 50 percent of the census geographic

24  block groups within the nominated area, the poverty rate may

25  shall not be less than 30 percent. This requirement does not

26  apply to an area nominated for designation as a rural

27  enterprise zone.

28         (c)  Census geographic block groups with no population

29  shall be treated as having a poverty rate which meets the

30  standards of paragraph (a), but shall be treated as having a

31  zero poverty rate for purposes of applying paragraph (b).

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 1         (d)  A nominated area may not contain a noncontiguous

 2  parcel unless such parcel separately meets the criteria set

 3  forth under paragraphs (a) and (b).

 4         (5)  In making the calculations required by this

 5  section, the local government and the office department shall

 6  round all fractional percentages of one-half percent or more

 7  up to the next highest whole percentage figure.

 8         Section 7.  Section 290.0065, Florida Statutes, is

 9  amended to read:

10         290.0065  State designation of enterprise zones.--

11         (1)  The maximum number of enterprise zones authorized

12  under this section is the number of enterprise zones having an

13  effective date on or before January 1, 2005, subject to any

14  increase due to any new enterprise zones authorized by the

15  Legislature in fiscal year 2005-2006. Upon application of the

16  governing body of a county or municipality or of a county and

17  one or more municipalities jointly pursuant to s. 290.0055,

18  Enterprise Florida, Inc., and the office, in consultation with

19  the interagency coordinating council, shall determine which

20  areas nominated by such governing bodies meet the criteria

21  outlined in s. 290.0055 and are the most appropriate for

22  designation as state enterprise zones. The office is

23  authorized to designate up to five areas within each of the

24  categories established in subparagraphs (3)(a)1., 2., 3., 4.,

25  and 5., except that the office may only designate a total of

26  20 areas as enterprise zones. The office shall not designate

27  more than three enterprise zones in any one county. All

28  designations, including any provision for redesignations, of

29  state enterprise zones pursuant to this section shall be

30  effective July 1, 1995.

31  

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 1         (2)  If, pursuant to subsection (4), the office does

 2  not redesignate an enterprise zone, a governing body of a

 3  county or municipality or the governing bodies of a county and

 4  one or more municipalities jointly, pursuant to s. 290.0055,

 5  may apply for designation of an enterprise zone to take the

 6  place of the enterprise zone not redesignated and request

 7  designation of an enterprise zone. The office, in consultation

 8  with Enterprise Florida, Inc., shall determine which areas

 9  nominated by such governing bodies meet the criteria outlined

10  in s. 290.0055 and are the most appropriate for designation as

11  state enterprise zones. Each application made pursuant to s.

12  290.0055 shall be ranked competitively within the appropriate

13  category established pursuant to subsection (3) based on the

14  pervasive poverty, unemployment, and general distress of the

15  area; the strategic plan, including local fiscal and

16  regulatory incentives, prepared pursuant to s. 290.0057; and

17  the prospects for new investment and economic development in

18  the area. Pervasive poverty, unemployment, and general

19  distress shall be weighted 35 percent; strategic plan and

20  local fiscal and regulatory incentives shall be weighted 40

21  percent; and prospects for new investment and economic

22  development in the area shall be weighted 25 percent.

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

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

25  following categories based on the 1990 census:

26         1.  Communities consisting of census tracts in areas

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

28         2.  Communities consisting of census tracts in areas

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

30  than 150,000 persons.

31  

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

 2  or more but less than 50,000 persons.

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

 4  more but less than 20,000 persons.

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

 6  persons.

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

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

 9  appropriate category established under s. 290.0055(4)(b)

10  paragraph (a) in which an application by the municipality

11  would have been considered if the municipality had acted

12  alone, if at least 60 percent of the population of the area

13  authorized to be an enterprise zone resides within the

14  municipality. An area authorized to be an enterprise zone by a

15  county and one or more municipalities shall be placed in the

16  category in which an application by the municipality with the

17  highest percentage of residents in such area would have been

18  considered if such municipality had authorized the area to be

19  an enterprise zone. An area authorized to be an enterprise

20  zone by a county as defined by s. 125.011(1) shall be placed

21  in the category in which an application by the municipality in

22  which the area is located would have been considered if the

23  municipality had authorized such area to be an enterprise

24  zone. An area authorized to be an enterprise zone by a county

25  as defined by s. 125.011(1) which area is located in two or

26  more municipalities shall be placed in the category in which

27  an application by the municipality with the highest percentage

28  of residents in such area would have been considered if such

29  municipality had authorized such area to be an enterprise

30  zone.

31  

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 1         (4)(a)  Notwithstanding s. 290.0055, the office may

 2  redesignate any area existing as a state enterprise zone

 3  having an effective date on or before January 1, 2005, as of

 4  the effective date of this section and originally approved

 5  through a joint application from a county and municipality, or

 6  through an application from a county as defined in s.

 7  125.011(1), shall be redesignated as a state enterprise zone

 8  upon completion and submittal to the office by the governing

 9  body for an enterprise zone of the following:

10         1.  An updated zone profile for the enterprise zone

11  based on the most recent census data that complies with s.

12  290.0055, except that pervasive poverty criteria may be set

13  aside for rural enterprise zones.

14         2.  A resolution passed by the governing body for that

15  enterprise zone requesting redesignation and explaining the

16  reasons the conditions of the zone merit redesignation.

17         3.  Measurable goals for the enterprise zone developed

18  by the enterprise zone development agency, which may be the

19  goals established in the enterprise zone's strategic plan.

20  

21  The governing body may also submit a request for a boundary

22  change in an enterprise zone in the same application to the

23  office as long as the new area complies with the requirements

24  of s. 290.0055, except that pervasive poverty criteria may be

25  set aside for rural enterprise zones. the creation of an

26  enterprise zone development agency pursuant to s. 290.0056 and

27  the completion of a strategic plan pursuant to s. 290.0057.

28  Any area redesignated pursuant to this subsection, other than

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

30  relocated or modified by the appropriate governmental bodies.

31  Such relocation or modification shall be identified in the

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 1  strategic plan and shall meet the requirements for designation

 2  as established by former s. 290.005. Any relocation or

 3  modification shall be submitted on or before June 1, 1996.

 4         (b)  In consultation with Enterprise Florida, Inc., the

 5  office shall, based on the enterprise zone profile and the

 6  grounds for redesignation expressed in the resolution,

 7  determine whether the enterprise zone merits redesignation.

 8  The office may also examine and consider the following:

 9         1.  Progress made, if any, in the enterprise zone's

10  strategic plan.

11         2.  Use of enterprise zone incentives during the life

12  of the enterprise zone.

13  

14  If the office determines that the enterprise zone merits

15  redesignation, the office shall notify the governing body in

16  writing of its approval of redesignation.

17         (c)  If the enterprise zone is redesignated, the office

18  shall determine if the measurable goals submitted are

19  reasonable. If the office determines that the goals are

20  reasonable, the office shall notify the governing body in

21  writing that the goals have been approved. The office shall

22  place any area designated as a state enterprise zone pursuant

23  to this subsection in the appropriate category established in

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

25  limitations on state enterprise zone designations set out in

26  subsection (1).

27         (d)(c)  If the office denies redesignation of an

28  enterprise zone, the office shall notify the governing body in

29  writing of the denial. Any county or municipality having

30  jurisdiction over an area denied redesignation designated as a

31  state enterprise zone pursuant to this subsection, other than

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 1  a county defined by s. 125.011(1), may not apply for

 2  designation of that another area for 1 year following the date

 3  of denial.

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

 5  a federal empowerment zone or enterprise community pursuant to

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

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

 8  Appropriations Act shall be designated a state enterprise zone

 9  as follows:

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

11  urban enterprise community pursuant to Title XIII of the

12  Omnibus Budget Reconciliation Act of 1993, or the Taxpayer

13  Relief Act of 1997, or the 2000 Community Renewal Tax Relief

14  Act shall be redesignated designated a state enterprise zone

15  by the office upon completion of the requirements set out in

16  paragraph (d), except in the case of a county as defined in s.

17  125.011(1) which, notwithstanding s. 290.0055, may incorporate

18  and include such designated urban empowerment zone or urban

19  enterprise community areas within the boundaries of its state

20  enterprise zones without any limitation as to size.

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

22  rural enterprise community pursuant to Title XIII of the

23  Omnibus Budget Reconciliation Act of 1993 or the 1999

24  Agricultural Appropriations Act shall be redesignated

25  designated a state rural enterprise zone by the office upon

26  completion of the requirements set out in paragraph (d) and

27  may incorporate and include such designated rural empowerment

28  zone or rural enterprise community within the boundaries of

29  its state enterprise zones without any limitation as to size.

30         (c)  Any county or municipality having jurisdiction

31  over an area redesignated designated as a state enterprise

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 1  zone pursuant to this subsection, other than a county defined

 2  in s. 125.011(1), may not apply for designation of another

 3  area.

 4         (d)  Prior to redesignating designating such areas as

 5  state enterprise zones, the office shall ensure that the

 6  governing body having jurisdiction over the zone submits the

 7  information required under paragraph (4)(a) for redesignation

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

 9  C.F.R. part 597 to the office, and creates an enterprise zone

10  development agency pursuant to s. 290.0056.

11         (e)  The office shall place any area designated as a

12  state enterprise zone pursuant to this subsection in the

13  appropriate category established in subsection (3), and

14  include such designations within the limitations on state

15  enterprise zone designations set out in subsection (1).

16         (6)(a)  The office, in consultation with Enterprise

17  Florida, Inc., and the interagency coordinating council, may

18  develop guidelines necessary for the approval of areas under

19  this section by the director.

20         (b)  Such guidelines shall provide for the measurement

21  of pervasive poverty, unemployment, and general distress using

22  the criteria outlined by s. 290.0058.

23         (c)  Such guidelines shall provide for the evaluation

24  of the strategic plan or measurable goals and local fiscal and

25  regulatory incentives for effectiveness, including how the

26  following key principles will be implemented by the governing

27  body or bodies:

28         1.  Economic opportunity, including job creation within

29  the community and throughout the region, as well as

30  entrepreneurial initiatives, small business expansion, and

31  training for jobs that offer upward mobility.

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 1         2.  Sustainable community development that advances the

 2  creation of livable and vibrant communities through

 3  comprehensive approaches that coordinate economic, physical,

 4  community, and human development.

 5         3.  Community-based partnerships involving the

 6  participation of all segments of the community.

 7         4.  Strategic vision for change that identifies how the

 8  community will be revitalized. This vision should include

 9  methods for building on community assets and coordinate a

10  response to community needs in a comprehensive fashion. This

11  vision should provide goals and performance benchmarks for

12  measuring progress and establish a framework for evaluating

13  and adjusting the strategic plan or measurable goals.

14         5.  Local fiscal and regulatory incentives enacted

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

16  economic revitalization, including job creation and small

17  business expansion.

18         (d)  Such guidelines may provide methods for evaluating

19  the prospects for new investment and economic development in

20  the area, including a review and evaluation of any previous

21  state enterprise zones located in the area.

22         (7)  Upon approval by the director of a resolution

23  authorizing an area to be an enterprise zone pursuant to this

24  section, the office shall assign a unique identifying number

25  to that resolution. The office shall provide the Department of

26  Revenue and Enterprise Florida, Inc., with a copy of each

27  resolution approved, together with its identifying number.

28         (8)(a)  Notwithstanding s. 290.0055, any area existing

29  as a state enterprise zone as of December 30, 1994, which has

30  received at least $1 million in state community development

31  funds and at least $500,000 in federal community development

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 1  funds, which has less than 300 businesses located within the

 2  boundaries of the enterprise zone, and which has been

 3  designated by the United States Department of Agriculture as a

 4  "Champion Community" shall be redesignated as a state

 5  enterprise zone upon the creation of an enterprise zone

 6  development agency pursuant to s. 290.0056 and the completion

 7  of a strategic plan pursuant to s. 290.0057.

 8         (b)  Such designation shall be in addition to the

 9  limitations of state enterprise zone designation set out in

10  subsection (1).

11         (9)(a)  Before December 31, 2002, the governing body of

12  a county in which an enterprise zone designated pursuant to

13  paragraph (5)(b) is located may apply to the Office of

14  Tourism, Trade, and Economic Development to amend the

15  boundaries of the enterprise zone for the purpose of replacing

16  areas not suitable for development.

17         (b)  Before December 31, 2002, the governing body of a

18  county in which an enterprise zone designated pursuant to

19  subparagraph (3)(a)2. 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.

23  

24  The Office of Tourism, Trade, and Economic Development shall

25  approve the application if it does not increase the overall

26  size of the enterprise zone. Except that upon the request of

27  the governing body of a home rule charter county, or any

28  county the government of which has been consolidated with the

29  government of one or more municipalities in accordance with s.

30  9, Art. VIII of the State Constitution of 1885, as preserved

31  by s. 6(e), Art. VIII of the State Constitution as revised in

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 1  1968 and subsequently amended, the Office of Tourism, Trade,

 2  and Economic Development may amend the boundaries of an area

 3  designated as an enterprise zone upon the receipt of a

 4  resolution adopted by such governing body describing the

 5  amended boundaries, so long as the added area does not

 6  increase the overall size of the expanded zone more than its

 7  original size or 20 square miles, whichever is larger, and is

 8  consistent with the categories, criteria, and limitations

 9  imposed by s. 290.0055.

10         (10)  Before December 31, 1999, any county as defined

11  in s. 125.011(1) may create a satellite enterprise zone not

12  exceeding 3 square miles in area outside of and,

13  notwithstanding anything contained in s. 290.0055(4) or

14  elsewhere, in addition to the previously designated 20 square

15  miles of enterprise zones. The Office of Tourism, Trade, and

16  Economic Development shall amend the boundaries of the areas

17  previously designated by any such county as enterprise zones

18  upon the receipt of a resolution adopted by such governing

19  body describing the satellite enterprise zone, as long as the

20  additional area is consistent with the categories, criteria,

21  and limitations imposed by s. 290.0055, provided that the

22  20-square-mile limitation and the requirements imposed by s.

23  290.0055(4)(d) do not apply to such satellite enterprise zone.

24         (11)  Before December 31, 2004, the governing body or

25  governing bodies of a county or a municipality in a county

26  having a population of more than 235,000 but less than 260,000

27  and in which an enterprise zone is designated may apply to the

28  Office of Tourism, Trade, and Economic Development to change

29  the boundaries of the enterprise zone for the purpose of

30  replacing areas not suitable for development. The Office of

31  Tourism, Trade, and Economic Development shall approve the

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 1  application made pursuant to this subsection if the boundary

 2  change is consistent with the categories, criteria, and

 3  limitations imposed upon the establishment of such enterprise

 4  zone.

 5         (12)  Notwithstanding any provisions in s. 290.0055

 6  regarding the size of an enterprise zone, any county defined

 7  by s. 125.011(1) may apply to the Office of Tourism, Trade,

 8  and Economic Development by October 1, 2004, to expand the

 9  boundary of an existing enterprise zone to include an

10  additional 8.7 square miles. The area must also include areas

11  to the north or east of the northeasternmost section of an

12  existing enterprise zone. The expanded area may not include

13  any area not described in this subsection. The Office of

14  Tourism, Trade, and Economic Development shall approve an

15  amendment to the boundary of an enterprise zone under this

16  subsection by January 1, 2005, if the area proposed for

17  addition to the enterprise zone is consistent with the

18  criteria and conditions imposed by s. 290.0055 upon the

19  establishment of enterprise zones, including the requirement

20  that the area suffer from pervasive poverty, unemployment, and

21  general distress.

22         (13)  Before November 30, 2004, any county as defined

23  in s. 125.011 may apply to the Office of Tourism, Trade, and

24  Economic Development to change the boundaries of an existing

25  enterprise zone for the purpose of replacing an area of not

26  more than 75 acres within the enterprise zone as of January 1,

27  2004, with an area of the same number of acres outside the

28  enterprise zone as of January 1, 2004. The replacement area

29  must be contiguous to the existing enterprise zone and must be

30  a part of a revitalization area that has been targeted for

31  assistance by the county. The replacement area also must be

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 1  contiguous to a zoo, and the county must have previously

 2  completed a master plan for development of the area. The

 3  Office of Tourism, Trade, and Economic Development shall

 4  approve the amendment effective January 1, 2005, if the

 5  enterprise zone remains consistent with the criteria and

 6  conditions imposed by s. 290.0055 upon the establishment of

 7  enterprise zones, including the requirement that the area

 8  suffer from pervasive poverty, unemployment, and general

 9  distress.

10         Section 8.  Subsection (1) of section 290.0066, Florida

11  Statutes, is amended to read:

12         290.0066  Revocation of enterprise zone designation.--

13         (1)  The director may revoke the designation of an

14  enterprise zone if the director determines that the governing

15  body or bodies:

16         (a)  Have failed to make progress in achieving the

17  benchmarks set forth in the strategic plan or measurable goals

18  ; or

19         (b)  Have not complied substantially with the strategic

20  plan or measurable goals.

21         Section 9.  Section 290.012, Florida Statutes, is

22  amended to read:

23         290.012  Transition.--Any enterprise zone having an

24  effective date on or before January 1, 2005, in existence on

25  the effective date of this section shall continue to exist

26  until December 31, 2005 1994, and shall cease to exist on that

27  date. Any enterprise zone designated or redesignated on or

28  after January 1, 2006 1995, must be designated or redesignated

29  be created in accordance with the Florida Enterprise Zone Act

30  of 1994. Any such designation shall not be effective until

31  July 1, 1995.

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 1         Section 10.  Subsection (2) of section 290.014, Florida

 2  Statutes, is amended to read:

 3         290.014  Annual reports on enterprise zones.--

 4         (2)  By March 1 of each year, the office shall submit

 5  an annual report to the Governor, the Speaker of the House of

 6  Representatives, and the President of the Senate. The report

 7  shall include the information provided by the Department of

 8  Revenue pursuant to subsection (1) and the information

 9  provided by enterprise zone development agencies pursuant to

10  s. 290.0056. In addition, the report shall include an analysis

11  of the activities and accomplishments of each enterprise zone,

12  and any additional information prescribed pursuant to s.

13  290.015.

14         Section 11.  Section 290.016, Florida Statutes, is

15  amended to read:

16         290.016  Repeal.--Sections 290.001-290.014 are

17  290.001-290.015 shall stand repealed on December 31, 2015

18  2005.

19         Section 12.  Subsection (2) of section 163.345, Florida

20  Statutes, is amended to read:

21         163.345  Encouragement of private enterprise.--

22         (2)  In giving consideration to the objectives outlined

23  in subsection (1), the county or municipality shall consider

24  making available the incentives provided under the Florida

25  Enterprise Zone Act of 1994 and chapter 420.

26         Section 13.  Paragraph (c) of subsection (8) of section

27  166.231, Florida Statutes, is amended to read:

28         166.231  Municipalities; public service tax.--

29         (8)

30         (c)  This subsection expires shall expire and be void

31  on the date specified in s. 290.016 for the expiration of the

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 1  Florida Enterprise Zone Act December 31, 2005, except that any

 2  qualified business that which has satisfied the requirements

 3  of this subsection before that date prior to December 31,

 4  2005, shall be allowed the full benefit of the exemption

 5  allowed under this subsection as if this subsection had not

 6  expired on that date December 31, 2005.

 7         Section 14.  Subsection (4) of section 193.077, Florida

 8  Statutes, is amended to read:

 9         193.077  Notice of new, rebuilt, or expanded

10  property.--

11         (4)  The provisions of This section expires shall

12  expire and be void on the date specified in s. 290.016 for the

13  expiration of the Florida Enterprise Zone Act June 30, 2005.

14         Section 15.  Paragraph (b) of subsection (5) of section

15  193.085, Florida Statutes, is amended to read:

16         193.085  Listing all property.--

17         (5)

18         (b)  The provisions of This subsection expires shall

19  expire and be void on the date specified in s. 290.016 for the

20  expiration of the Florida Enterprise Zone Act June 30, 2005.

21         Section 16.  Paragraph (b) of subsection (4) of section

22  195.073, Florida Statutes, is amended to read:

23         195.073  Classification of property.--All items

24  required by law to be on the assessment rolls must receive a

25  classification based upon the use of the property. The

26  department shall promulgate uniform definitions for all

27  classifications. The department may designate other

28  subclassifications of property. No assessment roll may be

29  approved by the department which does not show proper

30  classifications.

31         (4)

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 1         (b)  The provisions of This subsection expires shall

 2  expire and be void on the date specified in s. 290.016 for the

 3  expiration of the Florida Enterprise Zone Act June 30, 2005.

 4         Section 17.  Subsection (19) of section 196.012,

 5  Florida Statutes, is amended to read:

 6         196.012  Definitions.--For the purpose of this chapter,

 7  the following terms are defined as follows, except where the

 8  context clearly indicates otherwise:

 9         (19)  "Enterprise zone" means an area designated as an

10  enterprise zone pursuant to s. 290.0065. This subsection

11  expires shall stand repealed on the date specified in s.

12  290.016 for the expiration of the Florida Enterprise Zone Act

13  December 31, 2005.

14         Section 18.  Subsection (7) of section 205.022, Florida

15  Statutes, is amended to read:

16         205.022  Definitions.--When used in this chapter, the

17  following terms and phrases shall have the meanings ascribed

18  to them in this section, except when the context clearly

19  indicates a different meaning:

20         (7)  "Enterprise zone" means an area designated as an

21  enterprise zone pursuant to s. 290.0065. This subsection

22  expires shall stand repealed on the date specified in s.

23  290.016 for the expiration of the Florida Enterprise Zone Act

24  December 31, 2005.

25         Section 19.  Subsection (6) of section 205.054, Florida

26  Statutes, is amended to read:

27         205.054  Occupational license tax; partial exemption

28  for engaging in business or occupation in enterprise zone.--

29         (6)  This section expires shall stand repealed on the

30  date specified in s. 290.016 for the expiration of the Florida

31  Enterprise Zone Act December 31, 2005; and no license shall be

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 1  issued with the exemption authorized in this section for any

 2  period beginning on or after that date January 1, 2006.

 3         Section 20.  Subsection (6) of section 212.02, Florida

 4  Statutes, is amended to read:

 5         212.02  Definitions.--The following terms and phrases

 6  when used in this chapter have the meanings ascribed to them

 7  in this section, except where the context clearly indicates a

 8  different meaning:

 9         (6)  "Enterprise zone" means an area of the state

10  designated pursuant to s. 290.0065. This subsection expires

11  shall expire and be void on the date specified in s. 290.016

12  for the expiration of the Florida Enterprise Zone Act December

13  31, 2005.

14         Section 21.  Paragraphs (g), (h), and (q) of subsection

15  (5) and paragraph (g) of subsection (15) of section 212.08,

16  Florida Statutes, are amended to read:

17         212.08  Sales, rental, use, consumption, distribution,

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

19  the rental, the use, the consumption, the distribution, and

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

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

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

24         (g)  Building materials used in the rehabilitation of

25  real property located in an enterprise zone.--

26         1.  Building materials used in the rehabilitation of

27  real property located in an enterprise zone shall be exempt

28  from the tax imposed by this chapter upon an affirmative

29  showing to the satisfaction of the department that the items

30  have been used for the rehabilitation of real property located

31  in an enterprise zone. Except as provided in subparagraph 2.,

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 1  this exemption inures to the owner, lessee, or lessor of the

 2  rehabilitated real property located in an enterprise zone only

 3  through a refund of previously paid taxes. To receive a refund

 4  pursuant to this paragraph, the owner, lessee, or lessor of

 5  the rehabilitated real property located in an enterprise zone

 6  must file an application under oath with the governing body or

 7  enterprise zone development agency having jurisdiction over

 8  the enterprise zone where the business is located, as

 9  applicable, which includes:

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

11  refund.

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

13  rehabilitated real property in an enterprise zone for which a

14  refund of previously paid taxes is being sought.

15         c.  A description of the improvements made to

16  accomplish the rehabilitation of the real property.

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

18  rehabilitation of the real property.

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

20  from the general contractor licensed in this state with whom

21  the applicant contracted to make the improvements necessary to

22  accomplish the rehabilitation of the real property, which

23  statement lists the building materials used in the

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

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

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

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

28  information in a sworn statement, under the penalty of

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

30  the building materials used in such rehabilitation and the

31  payment of sales tax on the building materials shall be

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 1  attached to the sworn statement provided by the general

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

 3  building materials used in the rehabilitation of real property

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

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

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

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

 8  purposes.

 9         f.  The identifying number assigned pursuant to s.

10  290.0065 to the enterprise zone in which the rehabilitated

11  real property is located.

12         g.  A certification by the local building code

13  inspector that the improvements necessary to accomplish the

14  rehabilitation of the real property are substantially

15  completed.

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

17  by s. 288.703(1).

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

19  permanent employee of the business, including, for each

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

21  identifying number assigned pursuant to s. 290.0065 to the

22  enterprise zone in which the employee resides.

23         2.  This exemption inures to a city, county, other

24  governmental agency, or nonprofit community-based organization

25  through a refund of previously paid taxes if the building

26  materials used in the rehabilitation of real property located

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

28  community development block grant, State Housing Initiatives

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

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

31  other governmental agency, or nonprofit community-based

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 1  organization must file an application which includes the same

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

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

 4  addition, the application must include a sworn statement

 5  signed by the chief executive officer of the city, county,

 6  other governmental agency, or nonprofit community-based

 7  organization seeking a refund which states that the building

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

 9  funds of a community development block grant, State Housing

10  Initiatives Partnership Program, or similar grant or loan

11  program.

12         3.  Within 10 working days after receipt of an

13  application, the governing body or enterprise zone development

14  agency shall review the application to determine if it

15  contains all the information required pursuant to subparagraph

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

17  paragraph. The governing body or agency shall certify all

18  applications that contain the information required pursuant to

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

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

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

22  20 percent of the employees of the business are residents of

23  an enterprise zone, excluding temporary and part-time

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

25  of the certification shall be transmitted to the executive

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

27  responsible for forwarding a certified application to the

28  department within the time specified in subparagraph 4.

29         4.  An application for a refund pursuant to this

30  paragraph must be submitted to the department within 6 months

31  after the rehabilitation of the property is deemed to be

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 1  substantially completed by the local building code inspector

 2  or by September 1 within 90 days after the rehabilitated

 3  property is first subject to assessment.

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

 5  refund application made pursuant to this paragraph. No more

 6  than one exemption through a refund of previously paid taxes

 7  for the rehabilitation of real property shall be permitted for

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

 9  pursuant to this paragraph unless the amount to be refunded

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

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

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

13  rehabilitation of the real property as determined pursuant to

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

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

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

17  the amount of refund granted pursuant to this paragraph shall

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

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

20  approved pursuant to this paragraph shall be made within 30

21  days of formal approval by the department of the application

22  for the refund.

23         6.  The department shall adopt rules governing the

24  manner and form of refund applications and may establish

25  guidelines as to the requisites for an affirmative showing of

26  qualification for exemption under this paragraph.

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

28  percent of each refund granted under the provisions of this

29  paragraph from the amount transferred into the Local

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

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

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 1  property is located and shall transfer that amount to the

 2  General Revenue Fund.

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

 4  paragraph:

 5         a.  "Building materials" means tangible personal

 6  property which becomes a component part of improvements to

 7  real property.

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

 9  s. 192.001(12).

10         c.  "Rehabilitation of real property" means the

11  reconstruction, renovation, restoration, rehabilitation,

12  construction, or expansion of improvements to real property.

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

14  provided in s. 192.042(1).

15         9.  The provisions of This paragraph expires shall

16  expire and be void on the date specified in s. 290.016 for the

17  expiration of the Florida Enterprise Zone Act December 31,

18  2005.

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

20         1.  Business property purchased for use by businesses

21  located in an enterprise zone which is subsequently used in an

22  enterprise zone shall be exempt from the tax imposed by this

23  chapter. This exemption inures to the business only through a

24  refund of previously paid taxes. A refund shall be authorized

25  upon an affirmative showing by the taxpayer to the

26  satisfaction of the department that the requirements of this

27  paragraph have been met.

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

29  oath with the governing body or enterprise zone development

30  agency having jurisdiction over the enterprise zone where the

31  

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 1  business is located, as applicable, an application which

 2  includes:

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

 4  refund.

 5         b.  The identifying number assigned pursuant to s.

 6  290.0065 to the enterprise zone in which the business is

 7  located.

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

 9  refund is sought, including its serial number or other

10  permanent identification number.

11         d.  The location of the property.

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

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

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

15  from whom the property was purchased.

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

17  by s. 288.703(1).

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

19  permanent employee of the business, including, for each

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

21  identifying number assigned pursuant to s. 290.0065 to the

22  enterprise zone in which the employee resides.

23         3.  Within 10 working days after receipt of an

24  application, the governing body or enterprise zone development

25  agency shall review the application to determine if it

26  contains all the information required pursuant to subparagraph

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

28  governing body or agency shall certify all applications that

29  contain the information required pursuant to subparagraph 2.

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

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

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

 2  business are residents of an enterprise zone, excluding

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

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

 5  transmitted to the executive director of the Department of

 6  Revenue. The business shall be responsible for forwarding a

 7  certified application to the department within the time

 8  specified in subparagraph 4.

 9         4.  An application for a refund pursuant to this

10  paragraph must be submitted to the department within 6 months

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

12  purchased.

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

14  refund application made pursuant to this paragraph. The amount

15  refunded on purchases of business property under this

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

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

18  20 percent of the employees of the business are residents of

19  an enterprise zone, excluding temporary and part-time

20  employees, the amount refunded on purchases of business

21  property under this paragraph shall be the lesser of 97

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

23  $10,000. A refund approved pursuant to this paragraph shall be

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

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

26  under this paragraph unless the amount to be refunded exceeds

27  $100 in sales tax paid on purchases made within a 60-day time

28  period.

29         6.  The department shall adopt rules governing the

30  manner and form of refund applications and may establish

31  

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 1  guidelines as to the requisites for an affirmative showing of

 2  qualification for exemption under this paragraph.

 3         7.  If the department determines that the business

 4  property is used outside an enterprise zone within 3 years

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

 6  business purchasing such business property shall immediately

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

 8  with the appropriate interest and penalty, computed from the

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

10  Notwithstanding this subparagraph, business property used

11  exclusively in:

12         a.  Licensed commercial fishing vessels,

13         b.  Fishing guide boats, or

14         c.  Ecotourism guide boats

15  

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

17  designated under s. 370.28 are eligible for the exemption

18  provided under this paragraph if all requirements of this

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

20  business that is eligible to receive the exemption provided

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

22  purchase of a vessel or boat.

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

24  percent of each refund granted under the provisions of this

25  paragraph from the amount transferred into the Local

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

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

28  is located and shall transfer that amount to the General

29  Revenue Fund.

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

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

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

 2  as amended, except:

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

 4  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

 5         b.  Industrial machinery and equipment as defined in

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

 7  paragraph (b);

 8         c.  Building materials as defined in sub-subparagraph

 9  (g)8.a.; and

10         d.  Business property having a sales price of under

11  $500 $5,000 per item unit.

12         10.  The provisions of This paragraph expires shall

13  expire and be void on the date specified in s. 290.016 for the

14  expiration of the Florida Enterprise Zone Act December 31,

15  2005.

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

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

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

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

20  sponsors are eligible for tax credits against their state

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

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

23  person's approved annual community contribution;

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

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

26  the 12 months preceding the date of application to the

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

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

29  because of insufficient tax payments during the applicable

30  12-month period, the unused amount may be included in an

31  application for a refund made pursuant to sub-subparagraph

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

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

 3  period without regard to any time limitation that would

 4  otherwise apply under s. 215.26;

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

 6  annual tax credits for all approved community contributions

 7  made in any one year;

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

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

10  Trade, and Economic Development;

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

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

13  220.183, and s. 624.5105 is $10 million annually; and

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

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

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

17  choice.

18         2.  Eligibility requirements.--

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

20  following form:

21         (I)  Cash or other liquid assets;

22         (II)  Real property;

23         (III)  Goods or inventory; or

24         (IV)  Other physical resources as identified by the

25  Office of Tourism, Trade, and Economic Development.

26         b.  All community contributions must be reserved

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

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

29  undertaken by an eligible sponsor which is designed to

30  construct, improve, or substantially rehabilitate housing that

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

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

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

 3  designed to improve entrepreneurial and job-development

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

 5  investment necessary to increase access to high-speed

 6  broadband capability in rural communities with enterprise

 7  zones, including projects that result in improvements to

 8  communications assets that are owned by a business. A project

 9  may include the provision of museum educational programs and

10  materials that are directly related to any project approved

11  between January 1, 1996, and December 31, 1999, and located in

12  an enterprise zone that was designated pursuant to s. 290.0065

13  as referenced in s. 290.00675. This paragraph does not

14  preclude projects that propose to construct or rehabilitate

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

16  scattered sites. The Office of Tourism, Trade, and Economic

17  Development may reserve up to 50 percent of the available

18  annual tax credits for housing for very-low-income households

19  pursuant to s. 420.9071(28) for the first 6 months of the

20  fiscal year. With respect to housing, contributions may be

21  used to pay the following eligible low-income and

22  very-low-income housing-related activities:

23         (I)  Project development impact and management fees for

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

25         (II)  Down payment and closing costs for eligible

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

27         (III)  Administrative costs, including housing

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

29  community contribution, directly related to low-income or

30  very-low-income projects; and

31  

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 1         (IV)  Removal of liens recorded against residential

 2  property by municipal, county, or special district local

 3  governments when satisfaction of the lien is a necessary

 4  precedent to the transfer of the property to an eligible

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

 6  purpose of promoting home ownership. Contributions for lien

 7  removal must be received from a nonrelated third party.

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

 9  sponsor," which includes:

10         (I)  A community action program;

11         (II)  A nonprofit community-based development

12  organization whose mission is the provision of housing for

13  low-income or very-low-income households or increasing

14  entrepreneurial and job-development opportunities for

15  low-income persons;

16         (III)  A neighborhood housing services corporation;

17         (IV)  A local housing authority created under chapter

18  421;

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

20  163.356;

21         (VI)  The Florida Industrial Development Corporation;

22         (VII)  A historic preservation district agency or

23  organization;

24         (VIII)  A regional workforce board;

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

26  1009.983;

27         (X)  An enterprise zone development agency created

28  under s. 290.0056;

29         (XI)  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 bylaws and articles of incorporation include

 2  affordable housing, economic development, or community

 3  development as the primary mission of the corporation;

 4         (XII)  Units of local government;

 5         (XIII)  Units of state government; or

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

 7  Trade, and Economic Development designates by rule.

 8  

 9  In no event may a contributing person have a financial

10  interest in the eligible sponsor.

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

12  an enterprise zone or a Front Porch Florida Community pursuant

13  to s. 20.18(6), unless the project increases access to

14  high-speed broadband capability for rural communities with

15  enterprise zones but is physically located outside the

16  designated rural zone boundaries. Any project designed to

17  construct or rehabilitate housing for low-income or

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

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

20  sub-subparagraph.

21         3.  Application requirements.--

22         a.  Any eligible sponsor seeking to participate in this

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

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

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

26  which the project is located, together with such supporting

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

28  contain a resolution from the local governmental unit in which

29  the project is located certifying that the project is

30  consistent with local plans and regulations.

31  

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 1         b.  Any person seeking to participate in this program

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

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

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

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

 6  shall verify the terms of the application and indicate its

 7  receipt of the contribution, which verification must be in

 8  writing and accompany the application for tax credit. The

 9  person must submit a separate tax credit application to the

10  office for each individual contribution that it makes to each

11  individual project.

12         c.  Any person who has received notification from the

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

14  credit has been approved must apply to the department to

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

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

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

18  only one application for refund to the department within any

19  12-month period.

20         4.  Administration.--

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

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

23  120.54 necessary to administer this paragraph, including rules

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

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

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

27  notification shall state the maximum credit allowable to the

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

29  decision to the Department of Revenue.

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 used in accordance with this paragraph; however,

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

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

 5  Development shall, in consultation with the Department of

 6  Community Affairs, the Florida Housing Finance Corporation,

 7  and the statewide and regional housing and financial

 8  intermediaries, market the availability of the community

 9  contribution tax credit program to community-based

10  organizations.

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

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

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

14  period for such credit.

15         (15)  ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.--

16         (g)  This subsection expires shall expire and be void

17  on the date specified in s. 290.016 for the expiration of the

18  Florida Enterprise Zone Act December 31, 2005, except that:

19         1.  Paragraph (d) shall not expire; and

20         2.  Any qualified business which has been granted an

21  exemption under this subsection prior to that date shall be

22  allowed the full benefit of this exemption as if this

23  subsection had not expired on that date.

24         Section 22.  Subsections (1), (2), (6), (10), (11), and

25  (12) of section 212.096, Florida Statutes, are amended to

26  read:

27         212.096  Sales, rental, storage, use tax; enterprise

28  zone jobs credit against sales tax.--

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

30  section:

31  

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

 2  firm, partnership, corporation, bank, savings association,

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

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

 5  enterprise zone. The business must demonstrate to the

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

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

 8  previous 12 months. A business that created a minimum of five

 9  new full-time jobs in an enterprise zone between July 1, 2000,

10  and December 31, 2001, is also an eligible business for

11  purposes of the credit provided beginning January 1, 2002. An

12  eligible business does not include any business which has

13  claimed the credit permitted under s. 220.181 for any new

14  business employee first beginning employment with the business

15  after July 1, 1995.

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

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

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

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

20  month.

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

22  enterprise zone or a participant in the welfare transition

23  program who begins employment with an eligible business after

24  July 1, 1995, and who has not been previously employed full

25  time within the preceding 12 months by the eligible business,

26  or a successor eligible business, claiming the credit allowed

27  by this section.

28         (d)  "Job Jobs" means a full-time position positions,

29  as consistent with terms used by the Agency for Workforce

30  Innovation and the United States Department of Labor for

31  purposes of unemployment compensation tax administration and

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 1  employment estimation resulting directly from a business

 2  operation in this state. This term These terms may not include

 3  a temporary construction job jobs involved with the

 4  construction of facilities or any job that has jobs that have

 5  previously been included in any application for tax credits

 6  under s. 220.181(1). The term "jobs" also includes employment

 7  of an employee leased from an employee leasing company

 8  licensed under chapter 468 if such employee has been

 9  continuously leased to the employer for an average of at least

10  36 hours per week for more than 6 months.

11         (e)  "New job has been created" means that the total

12  number of full-time jobs has increased in an enterprise zone

13  from the average of the previous 12 months, as demonstrated to

14  the department by a business located in the enterprise zone.

15  

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

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

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

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

20  month. The person must be performing such duties at a business

21  site located in the enterprise zone.

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

23  provision of meaningful employment opportunities which will

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

25  economic expansion of enterprise zones and the state.

26  Therefore, beginning January 1, 2002, Upon an affirmative

27  showing by an eligible business to the satisfaction of the

28  department that the requirements of this section have been

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

30  remitted under this chapter.

31  

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 1         (b)  The credit shall be computed as 20 percent of the

 2  actual monthly wages paid in this state to each new employee

 3  hired when a new job has been created, unless the business is

 4  located within a rural enterprise zone pursuant to s.

 5  290.004(6)(8), in which case the credit shall be 30 percent of

 6  the actual monthly wages paid. If no less than 20 percent of

 7  the employees of the business are residents of an enterprise

 8  zone, excluding temporary and part-time employees, the credit

 9  shall be computed as 30 percent of the actual monthly wages

10  paid in this state to each new employee hired when a new job

11  has been created, unless the business is located within a

12  rural enterprise zone, in which case the credit shall be 45

13  percent of the actual monthly wages paid. If the new employee

14  hired when a new job is created is a participant in the

15  welfare transition program, the following credit shall be a

16  percent of the actual monthly wages paid: 40 percent for $4

17  above the hourly federal minimum wage rate; 41 percent for $5

18  above the hourly federal minimum wage rate; 42 percent for $6

19  above the hourly federal minimum wage rate; 43 percent for $7

20  above the hourly federal minimum wage rate; and 44 percent for

21  $8 above the hourly federal minimum wage rate. For purposes of

22  this paragraph, monthly wages shall be computed as one-twelfth

23  of the expected annual wages paid to such employee. The amount

24  paid as wages to a new employee is the compensation paid to

25  such employee that is subject to unemployment tax. The credit

26  shall be allowed for up to 24 consecutive months, beginning

27  with the first tax return due pursuant to s. 212.11 after

28  approval by the department.

29         (6)  The credit provided in this section does not

30  apply:

31  

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

 2  majority stockholder of an eligible business.

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

 4  period less than 3 calendar months.

 5         (10)  It shall be the responsibility of each business

 6  to affirmatively demonstrate to the satisfaction of the

 7  department that it meets the requirements of this section.

 8         (10)(11)  Any person who fraudulently claims this

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

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

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

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

13  775.082 or s. 775.083.

14         (11)(12)  The provisions of This section, except for

15  subsection (10) (11), expires on the date specified in s.

16  290.016 for the expiration of the Florida Enterprise Zone Act

17  expire December 31, 2005.

18         Section 23.  Paragraph (c) of subsection (6) and

19  paragraph (c) of subsection (7) of section 220.02, Florida

20  Statutes, are amended to read:

21         220.02  Legislative intent.--

22         (6)

23         (c)  The provisions of This subsection expires on the

24  date specified in s. 290.016 for the expiration of the Florida

25  Enterprise Zone Act shall expire and be void on June 30, 2005.

26         (7)

27         (c)  The provisions of This subsection expires on the

28  date specified in s. 290.016 for the expiration of the Florida

29  Enterprise Zone Act shall expire and be void on June 30, 2005.

30  

31  

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 1         Section 24.  Paragraphs (a), (c), (d), (i), (j), (k),

 2  (o), (p), (q), (t), (u), and (gg) of subsection (1) of section

 3  220.03, Florida Statutes, are amended to read:

 4         220.03  Definitions.--

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

 6  not otherwise distinctly expressed or manifestly incompatible

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

 8  following meanings:

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

10  property taxes levied for operating purposes and does not

11  include interest, penalties, or discounts foregone. In

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

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

14  or additional real or personal property acquired to establish

15  a new business or facilitate a business expansion, including

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

17  and including one or more buildings or other structures,

18  machinery, fixtures, and equipment. The provisions of This

19  paragraph expires on the date specified in s. 290.016 for the

20  expiration of the Florida Enterprise Zone Act shall expire and

21  be void on June 30, 2005.

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

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

24  paragraph (e), and any 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. The provisions of This paragraph

27  expires on the date specified in s. 290.016 for the expiration

28  of the Florida Enterprise Zone Act shall expire and be void on

29  June 30, 2005.

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

31  business firm of any of the following items:

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 1         1.  Cash or other liquid assets.

 2         2.  Real property.

 3         3.  Goods or inventory.

 4         4.  Other physical resources as identified by the

 5  department.

 6  

 7  The provisions of This paragraph expires on the date specified

 8  in s. 290.016 for the expiration of the Florida Enterprise

 9  Zone Act shall expire and be void on June 30, 2005.

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 expires on the date specified in

15  s. 290.016 for the expiration of the Florida Enterprise Zone

16  Act shall expire and be void on June 30, 2005.

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

18  designated pursuant to s. 290.0065. The provisions of This

19  paragraph expires on the date specified in s. 290.016 for the

20  expiration of the Florida Enterprise Zone Act shall expire and

21  be void on June 30, 2005.

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

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

24  business entity authorized to do business in this state as

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

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

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

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

29  and personal property and which establishes five or more new

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

31  such location. The provisions of This paragraph expires on the

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 1  date specified in s. 290.016 for the expiration of the Florida

 2  Enterprise Zone Act shall expire and be void on June 30, 2005.

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

 4  incorporated municipality in the state. The provisions of This

 5  paragraph expires on the date specified in s. 290.016 for the

 6  expiration of the Florida Enterprise Zone Act shall expire and

 7  be void on June 30, 2005.

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

 9  zone property tax credit, means any business entity authorized

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

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

12  220.62, subject to the tax imposed by the provisions of this

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

14  enterprise zone and clearly separate from any other commercial

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

16  savings and loan association and which establishes five or

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

18  employees at such location. The provisions of This paragraph

19  expires on the date specified in s. 290.016 for the expiration

20  of the Florida Enterprise Zone Act shall expire and be void on

21  June 30, 2005.

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

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

24  zone or a participant in the welfare transition program who is

25  employed at a business located in an enterprise zone who

26  begins employment in the operations of the business after July

27  1, 1995, and who has not been previously employed full time

28  within the preceding 12 months by the business or a successor

29  business claiming the credit pursuant to s. 220.181. A person

30  shall be deemed to be employed by such a business if the

31  person performs duties in connection with the operations of

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 1  the business on a full-time basis, provided she or he is

 2  performing such duties for an average of at least 36 hours per

 3  week each month. The person must be performing such duties at

 4  a business site located in an enterprise zone. The provisions

 5  of This paragraph expires on the date specified in s. 290.016

 6  for the expiration of the Florida Enterprise Zone Act shall

 7  expire and be void on June 30, 2005.

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

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

10  designed to construct, improve, or substantially rehabilitate

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

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

13  provide commercial, industrial, or public resources and

14  facilities; or designed to improve entrepreneurial and

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

16  project may be the investment necessary to increase access to

17  high-speed broadband capability in rural communities with

18  enterprise zones, including projects that result in

19  improvements to communications assets that are owned by a

20  business. A project may include the provision of museum

21  educational programs and materials that are directly related

22  to any project approved between January 1, 1996, and December

23  31, 1999, and located in an enterprise zone as referenced in

24  s. 290.00675. This paragraph does not preclude projects that

25  propose to construct or rehabilitate low-income or

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

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

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

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

30  420.9071(28) for the first 6 months of the fiscal year. With

31  

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

 2  following eligible project-related activities:

 3         1.  Project development, impact, and management fees

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

 5         2.  Down payment and closing costs for eligible

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

 7         3.  Administrative costs, including housing counseling

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

 9  contribution, directly related to low-income or

10  very-low-income projects; and

11         4.  Removal of liens recorded against residential

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

13  governments when satisfaction of the lien is a necessary

14  precedent to the transfer of the property to an eligible

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

16  purpose of promoting home ownership. Contributions for lien

17  removal must be received from a nonrelated third party.

18  

19  The provisions of This paragraph expires on the date specified

20  in s. 290.016 for the expiration of the Florida Enterprise

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

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

23  replacement or restoration of real or tangible property

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

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

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

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

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

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

30  The provisions of This paragraph expires on the date specified

31  

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 1  in s. 290.016 for the expiration of the Florida Enterprise

 2  Zone Act shall expire and be void on June 30, 2005.

 3         (gg)  "Job Jobs" means a full-time position positions,

 4  as consistent with terms used by the Agency for Workforce

 5  Innovation and the United States Department of Labor for

 6  purposes of unemployment compensation tax administration and

 7  employment estimation resulting directly from business

 8  operations in this state. The term These terms may not include

 9  a temporary construction job jobs involved with the

10  construction of facilities or any job jobs that has have

11  previously been included in any application for tax credits

12  under s. 212.096. The term "jobs" also includes employment of

13  an employee leased from an employee leasing company licensed

14  under chapter 468 if the employee has been continuously leased

15  to the employer for an average of at least 36 hours per week

16  for more than 6 months.

17         Section 25.  Subsections (1) and (9) of section

18  220.181, Florida Statutes, are amended to read:

19         220.181  Enterprise zone jobs credit.--

20         (1)(a)  Beginning January 1, 2002, There shall be

21  allowed a credit against the tax imposed by this chapter to

22  any business located in an enterprise zone which demonstrates

23  to the department that the total number of full-time jobs has

24  increased from the average of the previous 12 months. A

25  business that created a minimum of five new full-time jobs in

26  an enterprise zone between July 1, 2000, and December 31,

27  2001, may also be eligible to claim the credit for eligible

28  employees under the provisions that took effect January 1,

29  2002. The credit shall be computed as 20 percent of the actual

30  monthly wages paid in this state to each new employee hired

31  when a new job has been created, as defined under s.

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 1  220.03(1)(ff), unless the business is located in a rural

 2  enterprise zone, pursuant to s. 290.004(6)(8), in which case

 3  the credit shall be 30 percent of the actual monthly wages

 4  paid. If no less than 20 percent of the employees of the

 5  business are residents of an enterprise zone, excluding

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

 7  computed as 30 percent of the actual monthly wages paid in

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

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

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

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

12  consecutive months. If the new employee hired when a new job

13  is created is a participant in the welfare transition program,

14  the following credit shall be a percent of the actual monthly

15  wages paid: 40 percent for $4 above the hourly federal minimum

16  wage rate; 41 percent for $5 above the hourly federal minimum

17  wage rate; 42 percent for $6 above the hourly federal minimum

18  wage rate; 43 percent for $7 above the hourly federal minimum

19  wage rate; and 44 percent for $8 above the hourly federal

20  minimum wage rate.

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

22  subject to unemployment tax. The credit provided in this

23  section and does not apply:

24         1.  For any employee who is an owner, partner, or

25  majority stockholder of an eligible business.

26         2.  For any new employee who is employed for any period

27  less than 3 full months.

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

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

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

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

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

 2  credits and unused credit carryovers in the order provided in

 3  s. 220.02(8).

 4         (9)  The provisions of This section, except paragraph

 5  (1)(c) and subsection (8), expires on the date specified in s.

 6  290.016 for the expiration of the Florida Enterprise Zone Act

 7  shall expire and be void on June 30, 2005, and a no business

 8  may not shall be allowed to begin claiming the such enterprise

 9  zone jobs credit after that date; however, the expiration of

10  this section does shall not affect the operation of any credit

11  for which a business has qualified under this section before

12  that date prior to June 30, 2005, or any carryforward of

13  unused credit amounts as provided in paragraph (1)(c).

14         Section 26.  Subsection (14) of section 220.182,

15  Florida Statutes, is amended to read:

16         220.182  Enterprise zone property tax credit.--

17         (14)  The provisions of This section expires on the

18  date specified in s. 290.016 for the expiration of the Florida

19  Enterprise Zone Act shall expire and be void on June 30, 2005,

20  and a no business may not shall be allowed to begin claiming

21  the such enterprise zone property tax credit after that date;

22  however, the expiration of this section does shall not affect

23  the operation of any credit for which a business has qualified

24  under this section before that date prior to June 30, 2005, or

25  any carryforward of unused credit amounts as provided in

26  paragraph (1)(b).

27         Section 27.  Paragraph (c) of subsection (5) of section

28  288.1175, Florida Statutes, is amended to read:

29         288.1175  Agriculture education and promotion

30  facility.--

31  

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 1         (5)  The department shall competitively evaluate

 2  applications for funding of an agriculture education and

 3  promotion facility. If the number of applicants exceeds three,

 4  the department shall rank the applications based upon criteria

 5  developed by the department, with priority given in descending

 6  order to the following items:

 7         (c)  The location of the facility in a brownfield site

 8  as defined in s. 376.79(3), a rural enterprise zone as defined

 9  in s. 290.004(6)(8), an agriculturally depressed area as

10  defined in s. 570.242(1), a redevelopment area established

11  pursuant to s. 373.461(5)(g), or a county that has lost its

12  agricultural land to environmental restoration projects.

13         Section 28.  Subsection (2) of section 370.28, Florida

14  Statutes, is amended to read:

15         370.28  Enterprise zone designation; communities

16  adversely impacted by net limitations.--

17         (2)(a)  Such communities having a population of fewer

18  less than 7,500 persons and such communities in rural and

19  coastal counties with a county population of fewer less than

20  25,000 may apply to the Office of Tourism, Trade, and Economic

21  Development by August 15, 1996, for the designation of an area

22  as an enterprise zone. The community must comply with the

23  requirements of s. 290.0055, except that, for a community

24  having a total population of 7,500 persons or more but fewer

25  less than 20,000 persons, the selected area may shall not

26  exceed 5 square miles. Notwithstanding the provisions of s.

27  290.0065, limiting the total number of enterprise zones

28  designated and the number of enterprise zones within a

29  population category, the Office of Tourism, Trade, and

30  Economic Development may designate an enterprise zone in eight

31  of the identified communities. The governing body having

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 1  jurisdiction over such area shall create an enterprise zone

 2  development agency pursuant to s. 290.0056 and submit a

 3  strategic plan pursuant to s. 290.0057. Enterprise zones

 4  designated pursuant to this section shall be effective January

 5  1, 1997. Any enterprise zone designated under this paragraph

 6  having an effective date on or before January 1, 2005, shall

 7  continue to exist until, and shall terminate December 31,

 8  2005, but shall cease to exist on December 31, 2005. Any

 9  enterprise zone redesignated on or after January 1, 2006, must

10  do so in accordance with the Florida Enterprise Zone Act.

11         (b)  Notwithstanding any provisions of this section to

12  the contrary, communities in coastal counties with a county

13  population greater than 20,000, which can demonstrate that the

14  community has historically been a fishing community and has

15  therefore had a direct adverse impact from the adoption of the

16  constitutional amendment limiting the use of nets, shall also

17  be eligible to apply for designation of an area as an

18  enterprise zone. The community must comply with the

19  requirements of s. 290.0055, except s. 290.0055(3). Such

20  communities shall apply to the Office of Tourism, Trade, and

21  Economic Development by August 15, 1996. The office may

22  designate one enterprise zone under this paragraph, which

23  shall be effective January 1, 1997, and which shall be in

24  addition to the eight zones authorized under paragraph (a).

25  Any enterprise zone designated under this paragraph having an

26  effective date on or before January 1, 2005, shall continue to

27  exist until December 31, 2005, but shall cease to exist on

28  that date. Any enterprise zone redesignated on or after

29  January 1, 2006, must do so in accordance with the Florida

30  Enterprise Zone Act. Such enterprise zone shall terminate

31  December 31, 2005. The governing body having jurisdiction over

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 1  such area shall create an enterprise zone development agency

 2  pursuant to s. 290.0056 and submit a strategic plan pursuant

 3  to s. 290.0057.

 4         Section 29.  Sections 290.00555, 290.0067, 290.00675,

 5  290.00676, 290.00678, 290.00679, 290.0068, 290.00685,

 6  290.00686, 290.00687, 290.00688, 290.00689, 290.0069,

 7  290.00691, 290.00692, 290.00693, 290.00694, 290.00695,

 8  290.00696, 290.00697, 290.00698, 290.00699, 290.00701,

 9  290.00702, 290.00703, 290.00704, 290.00705, 290.00706,

10  290.00707, 290.00708, 290.00709, 290.009, and 290.015, Florida

11  Statutes, are repealed.

12         Section 30.  (1)  Notwithstanding any other law to the

13  contrary, section 212.08(5)(g), and (h), and (15) and section

14  212.096, Florida Statutes (2004) are repealed June 30, 2005.

15         (2)  Notwithstanding any other law to the contrary, any

16  business that has created a new job, as defined in section

17  212.096(1)(e), Florida Statutes (2004), and hired any new

18  employee, as defined in paragraph 212.096(1)(c), Florida

19  Statutes (2004), on or before June 30, 2005, for which a

20  credit may be claimed under section 212.096, Florida Statutes

21  (2004), and paid wages after June 30, 2005, for any creditable

22  month under section 212.096, Florida Statutes (2004), is

23  entitled to apply for, qualify for, and avail itself of the

24  credit under section 212.096, Florida Statutes (2004), as if

25  that section remained in effect, unaffected by other sections

26  of this act, until such time as the business has received the

27  maximum credit allowed pursuant to section 212.096, Florida

28  Statutes (2004), as it existed on June 30, 2005. A business

29  may not receive a credit pursuant to this subsection for any

30  employee hired after April 1, 2005.

31  

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 1         (3)  Notwithstanding any other law to the contrary, any

 2  business that has created a new job, as defined in section

 3  220.03(1)(ff), Florida Statutes (2004), and hired any new

 4  employee, as defined in section 220.03(1)(q), Florida Statutes

 5  (2004), on or before June 30, 2005, for which a credit may be

 6  claimed under section 220.181, Florida Statutes (2004), and

 7  paid wages after June 30, 2005, for any creditable month under

 8  section 220.181, Florida Statutes (2004), is entitled to apply

 9  for, qualify for, and avail itself of the credit under section

10  220.181, Florida Statutes (2004), as if that section remained

11  in effect, unaffected by other sections of this act, until

12  such time as the business has received the maximum credit

13  allowed pursuant to section 220.181, Florida Statutes (2004),

14  as it existed on June 30, 2005. A business may not receive a

15  credit pursuant to this subsection for any employee hired

16  after April 1, 2005.

17         (4)  Notwithstanding any other law to the contrary, any

18  business that has substantially completed improvements on or

19  before June 30, 2005, for a new or expanding business, as

20  defined in section 196.012, Florida Statutes (2004), in an

21  enterprise zone is entitled to apply, on or before December

22  31, 2005, for an economic development ad valorem tax exemption

23  under section 196.1995(3), Florida Statutes (2004), and if the

24  exemption is granted, to avail itself of the full benefit of

25  the exemption pursuant to that section, as if that section

26  remained in effect, unaffected by other sections of this act

27  until such time as the business has received the maximum

28  exemption allowed pursuant to section 196.1995(3), Florida

29  Statutes (2004), as it existed on June 30, 2005. In addition,

30  if such exemption is granted, the business is entitled to

31  qualify for and to avail itself of the credit in section

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 1  220.182, Florida Statutes (2004), as if that section remained

 2  in effect, unaffected by other sections of this act, until

 3  such time as the business has received the maximum credit

 4  allowed pursuant to section 220.182, Florida Statutes (2004),

 5  as it existed on June 30, 2005.

 6         (5)  Notwithstanding any other law to the contrary, for

 7  any business that has made a community contribution, as

 8  defined by section 220.03(1)(d), Florida Statutes (2004), on

 9  or before June 30, 2005, and has received an approval letter

10  from the Office of Tourism, Trade, and Economic Development,

11  the provisions of section 220.183(1)(e), Florida Statutes

12  (2004), remain in effect, unaffected by other sections of this

13  act, until such time as the business has received the maximum

14  credit allowed pursuant to section 220.183, Florida Statutes

15  (2004), as it existed on June 30, 2005.

16         (6)  Notwithstanding any other law to the contrary, for

17  any business that has made a community contribution, as

18  defined by section 212.08(5)(q)2.a., Florida Statutes (2004),

19  on or before June 30, 2005, and has received an approval

20  letter from the Office of Tourism, Trade, and Economic

21  Development, the credit carryover provisions of section

22  212.08(5)(q)1.b., Florida Statutes (2004), remain in effect,

23  unaffected by other sections of this act, until such time as

24  the business has received the maximum credit allowed pursuant

25  to section 212.08(5)(q), Florida Statutes (2004), as it

26  existed on June 30, 2005.

27         (7)  Notwithstanding any other law to the contrary, for

28  any business that has made a community contribution, as

29  defined by section 624.5105(5)(a), Florida Statutes (2004), on

30  or before June 30, 2005, and has received an approval letter

31  from the Office of Tourism, Trade, and Economic Development,

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 1  the credit carryover provisions of section 624.5105(1)(e),

 2  Florida Statutes (2004), remain in effect, unaffected by other

 3  sections of this act, until such time as the business has

 4  received the maximum credit allowed pursuant to section

 5  624.5105, Florida Statutes (2004), as it existed on June 30,

 6  2005.

 7         (8)  Notwithstanding any other law to the contrary, for

 8  any business that has qualified for the exemption pursuant to

 9  section 212.08(15), Florida Statutes (2004), the provisions of

10  section 212.08(15)(g), Florida statutes (2004), remain in

11  effect, unaffected by other sections of this act, until such

12  time as the business has received the maximum credit allowed

13  pursuant to section 212.08(15), Florida Statutes (2004), as it

14  existed on June 30, 2005.

15         Section 31.  Except as otherwise expressly provided in

16  this act, this act shall take effect July 1, 2005.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1770

20                                 

21  The committee substitute differs from the bill in the
    following ways:
22  
    1.   Deletes the changes in the jobs tax credit portions of
23       the bill, to restore the current system of granting
         credits for "new jobs created" rather than "new hires";
24  
    2.   Creates a new section to ensure that the carryover
25       provisions for tax credits in current law remain in
         effect until the businesses receive the credits they are
26       qualified for; and

27  3.   Changes the effective date to July 1, 2005.

28  

29  

30  

31  

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