Senate Bill sb2212

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    Florida Senate - 2005                                  SB 2212

    By Senator Saunders





    37-1181-05                                              See HB

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 212.08, F.S.; revising sales price

  4         criteria for characterizing business property;

  5         conforming provisions to the designated urban

  6         job tax credit area revision; amending s.

  7         212.097, F.S.; revising provisions providing

  8         for an urban job tax credit program to apply to

  9         designated urban job tax credit areas rather

10         than high-crime areas; revising and providing

11         definitions, eligibility criteria, application

12         procedures and requirements, and area

13         characteristics and criteria; authorizing

14         transfer of unused credits under the Designated

15         Urban Job Tax Credit Area Program; specifying

16         use of transferred credits; prohibiting

17         transfer of transferred credits; amending s.

18         212.098, F.S.; authorizing transfer of unused

19         credits under the Rural Job Tax Credit Program;

20         specifying use of transferred credits;

21         prohibiting transfer of transferred credits;

22         amending s. 220.1895, F.S., to conform;

23         amending s. 288.99, F.S.; conforming provisions

24         to the designated urban job tax credit area

25         revision; amending s. 290.007, F.S.;

26         authorizing eligible businesses to transfer

27         unused credits; providing requirements and

28         limitations; authorizing the Office of Tourism,

29         Trade, and Economic Development to approve

30         requests to amend enterprise zone boundaries;

31         providing amendment requirements; authorizing

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1         existing enterprise zones to request

 2         recertification; providing request

 3         requirements; amending s. 290.016, F.S.;

 4         extending the expiration date of the Florida

 5         Enterprise Zone Act of 1994; providing an

 6         effective date.

 7  

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

 9  

10         Section 1.  Paragraphs (h) and (o) of subsection (5) of

11  section 212.08, Florida Statutes, are amended to read:

12         212.08  Sales, rental, use, consumption, distribution,

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

14  the rental, the use, the consumption, the distribution, and

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

16  following are hereby specifically exempt from the tax imposed

17  by this chapter.

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

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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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 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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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 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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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 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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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 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

 5  amended.;

 6         b.  Industrial machinery and equipment as defined in

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

 8  paragraph (b).;

 9         c.  Building materials as defined in sub-subparagraph

10  (g)8.a..; and

11         d.  Business property having a sales price of under

12  $500 $5,000 per unit.

13         10.  The provisions of this paragraph shall expire and

14  be void on December 31, 2005.

15         (o)  Building materials in redevelopment projects.--

16         1.  As used in this paragraph, the term:

17         a.  "Building materials" means tangible personal

18  property that becomes a component part of a housing project or

19  a mixed-use project.

20         b.  "Housing project" means the conversion of an

21  existing manufacturing or industrial building to housing units

22  in a designated an urban job tax credit high-crime area,

23  enterprise zone, empowerment zone, Front Porch Community,

24  designated brownfield area, or urban infill area and in which

25  the developer agrees to set aside at least 20 percent of the

26  housing units in the project for low-income and

27  moderate-income persons or the construction in a designated

28  brownfield area of affordable housing for persons described in

29  s. 420.0004(9), (10), or (14), or in s. 159.603(7).

30         c.  "Mixed-use project" means the conversion of an

31  existing manufacturing or industrial building to mixed-use

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  units that include artists' studios, art and entertainment

 2  services, or other compatible uses. A mixed-use project must

 3  be located in a designated an urban job tax credit high-crime

 4  area, enterprise zone, empowerment zone, Front Porch

 5  Community, designated brownfield area, or urban infill area,

 6  and the developer must agree to set aside at least 20 percent

 7  of the square footage of the project for low-income and

 8  moderate-income housing.

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

10  provided in s. 192.042(1).

11         2.  Building materials used in the construction of a

12  housing project or mixed-use project are exempt from the tax

13  imposed by this chapter upon an affirmative showing to the

14  satisfaction of the department that the requirements of this

15  paragraph have been met. This exemption inures to the owner

16  through a refund of previously paid taxes. To receive this

17  refund, the owner must file an application under oath with the

18  department which includes:

19         a.  The name and address of the owner.

20         b.  The address and assessment roll parcel number of

21  the project for which a refund is sought.

22         c.  A copy of the building permit issued for the

23  project.

24         d.  A certification by the local building code

25  inspector that the project is substantially completed.

26         e.  A sworn statement, under penalty of perjury, from

27  the general contractor licensed in this state with whom the

28  owner contracted to construct the project, which statement

29  lists the building materials used in the construction of the

30  project and the actual cost thereof, and the amount of sales

31  tax paid on these materials. If a general contractor was not

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  used, the owner shall provide this information in a sworn

 2  statement, under penalty of perjury. Copies of invoices

 3  evidencing payment of sales tax must be attached to the sworn

 4  statement.

 5         3.  An application for a refund under this paragraph

 6  must be submitted to the department within 6 months after the

 7  date the project is deemed to be substantially completed by

 8  the local building code inspector. Within 30 working days

 9  after receipt of the application, the department shall

10  determine if it meets the requirements of this paragraph. A

11  refund approved pursuant to this paragraph shall be made

12  within 30 days after formal approval of the application by the

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

14  refund application made under this paragraph.

15         4.  The department shall establish by rule an

16  application form and criteria for establishing eligibility for

17  exemption under this paragraph.

18         5.  The exemption shall apply to purchases of materials

19  on or after July 1, 2005 2000.

20         Section 2.  Section 212.097, Florida Statutes, is

21  amended to read:

22         212.097  Designated Urban High-Crime Area Job Tax

23  Credit Area Program.--

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

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

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

27  designated urban job tax credit area qualified county and is

28  predominantly engaged in, or is headquarters for a business

29  predominantly engaged in, activities usually provided for

30  consideration by firms classified within the following

31  standard industrial classifications: SIC 01-SIC 09

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  (agriculture, forestry, and fishing); SIC 20-SIC 39

 2  (manufacturing); SIC 52-SIC 57 and SIC 59 (retail); SIC 422

 3  (public warehousing and storage); SIC 70 (hotels and other

 4  lodging places); SIC 7391 (research and development); SIC 781

 5  (motion picture production and allied services); SIC 7992

 6  (public golf courses); and SIC 7996 (amusement parks); and a

 7  targeted industry eligible for the qualified target industry

 8  business tax refund under s. 288.106. A call center or similar

 9  customer service operation that services a multistate market

10  or international market is also an eligible business. In

11  addition, the Office of Tourism, Trade, and Economic

12  Development may, as part of its final budget request submitted

13  pursuant to s. 216.023, recommend additions to or deletions

14  from the list of standard industrial classifications used to

15  determine an eligible business, and the Legislature may

16  implement such recommendations. Excluded from eligible

17  receipts are receipts from retail sales, except such receipts

18  for SIC 52-SIC 57 and SIC 59 (retail) hotels and other lodging

19  places classified in SIC 70, public golf courses in SIC 7992,

20  and amusement parks in SIC 7996. For purposes of this

21  paragraph, the term "predominantly" means that more than 50

22  percent of the business's gross receipts from all sources is

23  generated by those activities usually provided for

24  consideration by firms in the specified standard industrial

25  classification. The determination of whether the business is

26  located in a designated urban job tax credit qualified

27  high-crime area and the tier ranking of that area must be

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

29  section. Commonly owned and controlled entities are to be

30  considered a single business entity.

31  

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




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

 2  eligible business who performs duties in connection with the

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

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

 5  within the designated urban job tax credit qualified

 6  high-crime area in which the eligible business is located. An

 7  owner or partner of the eligible business is not a qualified

 8  employee. The term also includes an employee leased from an

 9  employee leasing company licensed under chapter 468, if such

10  employee has been continuously leased to the employer for an

11  average of at least 36 hours per week for more than 6 months.

12         (c)  "New business" means any eligible business first

13  beginning operation on a site in a designated urban job tax

14  credit qualified high-crime area and clearly separate from any

15  other commercial or business operation of the business entity

16  within a designated urban job tax credit qualified high-crime

17  area. A business entity that operated an eligible business

18  within a designated urban job tax credit qualified high-crime

19  area within the 48 months before the period provided for

20  application by subsection (2) is not considered a new

21  business.

22         (d)  "Existing business" means any eligible business

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

24         (e)  "Designated urban job tax credit Qualified

25  high-crime area" means an area selected by the Office of

26  Tourism, Trade, and Economic Development in the following

27  manner: every third year, the office shall rank and tier those

28  areas nominated under subsection (7), according to the highest

29  level of distress experienced in the categories enumerated

30  under subsection (7). The Office of Tourism, Trade, and

31  Economic Development shall designate the 30

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  highest-distress-profile urban areas as eligible participants

 2  under the Designated Urban Job Tax Credit Area Program.

 3  following prioritized criteria:

 4         1.  Highest arrest rates within the geographic area for

 5  violent crime and for such other crimes as drug sale, drug

 6  possession, prostitution, vandalism, and civil disturbances;

 7         2.  Highest reported crime volume and rate of specific

 8  property crimes such as business and residential burglary,

 9  motor vehicle theft, and vandalism;

10         3.  Highest percentage of reported index crimes that

11  are violent in nature;

12         4.  Highest overall index crime volume for the area;

13  and

14         5.  Highest overall index crime rate for the geographic

15  area.

16  

17  Tier-one areas are ranked 1 through 5 and represent the

18  highest crime areas according to this ranking. Tier-two areas

19  are ranked 6 through 10 according to this ranking. Tier-three

20  areas are ranked 11 through 15. Notwithstanding this

21  definition, "designated urban job tax credit qualified

22  high-crime area" also means an area that has been designated

23  as a federal Empowerment Zone pursuant to the Taxpayer Relief

24  Act of 1997 or the Community Tax Relief Act of 2000. Such a

25  designated area is ranked in tier three until the areas are

26  reevaluated by the Office of Tourism, Trade, and Economic

27  Development.

28         (f)  "Central business district" means an area

29  comprised of at least 80 percent commercial and government

30  buildings and properties that is characterized by a high

31  concentration of retail businesses, service businesses,

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  offices, theaters, and hotels and is located in a Department

 2  of Transportation urban service area.

 3         (g)  "Urban" means a densely populated nonrural area

 4  located within an urban county that consists of a cluster of

 5  one or more census blocks, each of which has a population

 6  density of at least 400 people per square mile, or an area

 7  defined as urban by the most recent United States Census.

 8         (2)  A new eligible business may apply for a tax credit

 9  under this subsection once at any time during its first year

10  of operation. A new eligible business in a designated urban

11  job tax credit tier-one qualified high-crime area which has at

12  least 10 qualified employees on the date of application shall

13  receive a $1,500 tax credit for each such employee. A new

14  eligible business in a tier-two qualified high-crime area

15  which has at least 20 qualified employees on the date of

16  application shall receive a $1,000 tax credit for each such

17  employee. A new eligible business in a tier-three qualified

18  high-crime area which has at least 30 qualified employees on

19  the date of application shall receive a $500 tax credit for

20  each such employee.

21         (3)  An existing eligible business may apply for a tax

22  credit under this subsection at any time it is entitled to

23  such credit, except as restricted by this subsection. An

24  existing eligible business in a designated urban job tax

25  credit tier-one qualified high-crime area which on the date of

26  application has at least 5 more qualified employees than it

27  had 1 year prior to its date of application shall receive a

28  $1,500 tax credit for each such additional employee. An

29  existing eligible business in a tier-two qualified high-crime

30  area which on the date of application has at least 10 more

31  qualified employees than it had 1 year prior to its date of

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  application shall receive a $1,000 credit for each such

 2  additional employee. An existing business in a tier-three

 3  qualified high-crime area which on the date of application has

 4  at least 15 more qualified employees than it had 1 year prior

 5  to its date of application shall receive a $500 tax credit for

 6  each such additional employee. An existing eligible business

 7  may apply for the credit under this subsection no more than

 8  once in any 12-month period. Any existing eligible business

 9  that received a credit under subsection (2) may not apply for

10  the credit under this subsection sooner than 12 months after

11  the application date for the credit under subsection (2).

12         (4)  For any new eligible business receiving a credit

13  pursuant to subsection (2), an additional $500 credit shall be

14  provided for any qualified employee who is a welfare

15  transition program participant. For any existing eligible

16  business receiving a credit pursuant to subsection (3), an

17  additional $500 credit shall be provided for any qualified

18  employee who is a welfare transition program participant. Such

19  employee must be employed on the application date and have

20  been employed less than 1 year. This credit shall be in

21  addition to other credits pursuant to this section regardless

22  of the tier-level of the high-crime area. Appropriate

23  documentation concerning the eligibility of an employee for

24  this credit must be submitted as determined by the department.

25         (5)  To be eligible for a tax credit under subsection

26  (3), the number of qualified employees employed 1 year prior

27  to the application date must be no lower than the number of

28  qualified employees on the application date on which a credit

29  under this section was based for any previous application,

30  including an application under subsection (2).

31  

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1         (6)  Any county or municipality, or a county and one or

 2  more municipalities together, may apply to the Office of

 3  Tourism, Trade, and Economic Development for the designation

 4  of an area as a designated urban job tax credit high-crime

 5  area after the adoption by the governing body or bodies of a

 6  resolution that:

 7         (a)  Finds that an urban a high-crime area exists in

 8  such county or municipality, or in both the county and one or

 9  more municipalities, which chronically exhibits extreme and

10  unacceptable levels of poverty, unemployment, physical

11  deterioration, and economic disinvestment.;

12         (b)  Determines that the rehabilitation, conservation,

13  or redevelopment, or a combination thereof, of such an urban a

14  high-crime area is necessary in the interest of the health,

15  safety, and welfare of the residents of such county or

16  municipality, or such county and one or more municipalities.;

17  and

18         (c)  Determines that the revitalization of such an

19  urban a high-crime area can occur if the public sector or

20  private sector can be induced to invest its own resources in

21  productive enterprises that build or rebuild the economic

22  viability of the area.

23         (7)  The governing body of the entity nominating the

24  area shall demonstrate provide to the Office of Tourism,

25  Trade, and Economic Development that the area meets the

26  following:

27         (a)  Income characteristics:

28         1.  Forty percent of area residents are earning wages

29  on an annual basis that are equal to or less than the annual

30  wage of a person who is earning minimum wage; or

31  

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1         2.  More than 20 percent of residents or families live

 2  below the federal standard of poverty for individuals or a

 3  family of four. The overall index crime rate for the

 4  geographic area;

 5         (b)  Education characteristics:

 6         1.  Has a high school dropout rate higher than the

 7  county average; or

 8         2.  Has a high school graduation rate lower than the

 9  state average. The overall index crime volume for the area;

10         (c)  Workforce and employment characteristics:

11         1.  Has an unemployment rate at least 3 percentage

12  points higher than the state's unemployment rate;

13         2.  More than 50 percent of families subject to the

14  welfare-to-work transition time limit are either within 6

15  months of the time limit or are receiving cash assistance

16  under a period of hardship extension to the time limit; or

17         3.  Is identified as a labor surplus area using the

18  criteria established by the United States Department of

19  Labor's Employment and Training Administration. The percentage

20  of reported index crimes that are violent in nature;

21         (d)  Crime characteristics:

22         1.  Has an arrest rate higher than the state's average

23  rate for such crimes as drug sale, drug possession,

24  prostitution, vandalism, and civil disturbances, as recorded

25  by the total crime index of the Department of Law Enforcement;

26  or

27         2.  Ranks in the top 30 percent of zip codes with

28  reported crimes that are violent in nature. The reported crime

29  volume and rate of specific property crimes such as business

30  and residential burglary, motor vehicle theft, and vandalism;

31  and

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1         (e)  Residential and commercial property-related

 2  characteristics:

 3         1.  Fifty percent or more of area residents rent; or

 4         2.a.  Property values are within the lower 50 percent

 5  of the county's assessed property values;

 6         b.  More than 5 percent of area homes, apartments, or

 7  buildings are abandoned, have been condemned within the

 8  previous 24 months, or have a greater number of violations of

 9  the Florida Building Code than recorded in the remainder of

10  the county or municipality; or

11         c.  Tax or special assessment delinquencies exceed the

12  fair value of the land The arrest rates within the geographic

13  area for violent crime and for such other crimes as drug sale,

14  drug possession, prostitution, disorderly conduct, vandalism,

15  and other public-order offenses.

16         (8)  A municipality, or a county and one or more

17  municipalities together, may not nominate more than one urban

18  high-crime area. However, any county as defined by s.

19  125.011(1) may nominate no more than three urban high-crime

20  areas.

21         (9)(a)  An area nominated by a county or municipality,

22  or a county and one or more municipalities together, for

23  designation as a designated urban job tax credit high-crime

24  area shall be eligible only if it meets the following

25  criteria:

26         1.(a)  The selected area does not exceed 20 square

27  miles and either has a continuous boundary or consists of not

28  more than three noncontiguous parcels;

29         2.(b)  The selected area does not exceed the following

30  mileage limitation:

31  

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1         a.1.  For areas communities having a total population

 2  of 150,000 persons or more, the selected area does not exceed

 3  20 square miles and is within 10 miles of the central business

 4  district of a city.

 5         b.2.  For areas communities having a total population

 6  of 50,000 persons or more, but fewer than 150,000 persons, the

 7  selected area does not exceed 10 square miles and is within

 8  7.5 miles of the central business district of a city.

 9         c.3.  For areas communities having a total population

10  of 20,000 persons or more, but fewer than 50,000 persons, the

11  selected area does not exceed 5 square miles and is within 5

12  miles of the central business district of a city.

13         d.4.  For areas communities having a total population

14  of fewer than 20,000 persons, the selected area does not

15  exceed 3 square miles and is within 3 miles of the central

16  business district of a city.

17         (b)  A designated urban job tax credit area may not

18  include any portion of a central business district, unless the

19  poverty rate for each census geographic block group in the

20  district is not less than 30 percent.

21         (10)(a)  In order to claim this credit, an eligible

22  business must file under oath with the Office of Tourism,

23  Trade, and Economic Development a statement that includes the

24  name and address of the eligible business and any other

25  information that is required to process the application.

26         (b)  Within 30 working days after receipt of an

27  application for credit, the Office of Tourism, Trade, and

28  Economic Development shall review the application to determine

29  whether it contains all the information required by this

30  subsection and meets the criteria set out in this section.

31  Subject to the provisions of paragraph (c), the Office of

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  Tourism, Trade, and Economic Development shall approve all

 2  applications that contain the information required by this

 3  subsection and meet the criteria set out in this section as

 4  eligible to receive a credit.

 5         (c)  The maximum credit amount that may be approved

 6  during any calendar year is $5 million, of which $1 million

 7  shall be exclusively reserved for tier-one areas. The

 8  Department of Revenue, in conjunction with the Office of

 9  Tourism, Trade, and Economic Development, shall notify the

10  governing bodies in areas designated under this section as

11  urban high-crime areas when the $5 million maximum amount has

12  been reached. Applications must be considered for approval in

13  the order in which they are received without regard to whether

14  the credit is for a new or existing business. This limitation

15  applies to the value of the credit as contained in approved

16  applications. Approved credits may be taken in the time and

17  manner allowed pursuant to this section.

18         (11)  If the application is insufficient to support the

19  credit authorized in this section, the Office of Tourism,

20  Trade, and Economic Development shall deny the credit and

21  notify the business of that fact. The business may reapply for

22  this credit within 3 months after such notification.

23         (12)  If the credit under this section is greater than

24  can be taken on a single tax return, excess amounts may be

25  taken as credits on any tax return submitted within 12 months

26  after the approval of the application by the department.

27         (13)  It is the responsibility of each business to

28  affirmatively demonstrate to the satisfaction of the

29  Department of Revenue that it meets the requirements of this

30  section.

31  

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1         (14)  Any person who fraudulently claims this credit is

 2  liable for repayment of the credit plus a mandatory penalty of

 3  100 percent of the credit and is guilty of a misdemeanor of

 4  the second degree, punishable as provided in s. 775.082 or s.

 5  775.083.

 6         (15)  A corporation may take the credit under this

 7  section against its corporate income tax liability, as

 8  provided in s. 220.1895. However, a corporation that applies

 9  its job tax credit against the tax imposed by chapter 220 may

10  not receive the credit provided for in this section. A credit

11  may be taken against only one tax.

12         (16)  An eligible business may transfer any unused

13  credit in whole or in units of no less than 25 percent of the

14  remaining credit. The entity acquiring such credit may use it

15  in the same manner and with the same limitation as described

16  in this section. Such transferred credits may not be

17  transferred again although they may succeed to a surviving or

18  acquiring entity subject to the same conditions and

19  limitations described in this section.

20         (17)(16)  The department shall adopt rules governing

21  the manner and form of applications for credit or transfers of

22  credit and may establish guidelines concerning the requisites

23  for an affirmative showing of qualification for the credit

24  under this section.

25         Section 3.  Subsection (12) of section 212.098, Florida

26  Statutes, is renumbered as subsection (13) and a new

27  subsection (12) is added to that section to read:

28         212.098  Rural Job Tax Credit Program.--

29         (12)  An eligible business may transfer any unused

30  credit in whole or in units of not less than 25 percent of the

31  remaining credit. The entity acquiring such credit may use it

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  in the same manner and with the same limitation as described

 2  in this section. Such transferred credits may not be

 3  transferred again although they may succeed to a surviving or

 4  acquiring entity subject to the same conditions and

 5  limitations described in this section.

 6         Section 4.  Section 220.1895, Florida Statutes, is

 7  amended to read:

 8         220.1895  Rural Job Tax Credit and Designated Urban

 9  High-Crime Area Job Tax Credit.--There shall be allowed a

10  credit against the tax imposed by this chapter amounts

11  approved by the Office of Tourism, Trade, and Economic

12  Development pursuant to the Rural Job Tax Credit Program in s.

13  212.098 and the Designated Urban High-Crime Area Job Tax

14  Credit Area Program in s. 212.097. A corporation that uses its

15  credit against the tax imposed by this chapter may not take

16  the credit against the tax imposed by chapter 212. If any

17  credit granted under this section is not fully used in the

18  first year for which it becomes available, the unused amount

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

20  carryover may be used in a subsequent year when the tax

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

22  such year under this section after applying the other credits

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

24  220.02(8). The Office of Tourism, Trade, and Economic

25  Development shall conduct a review of the Designated Urban

26  High-Crime Area Job Tax Credit Area Program and the Rural Job

27  Tax Credit Program and submit its report to the Governor, the

28  President of the Senate, and the Speaker of the House of

29  Representatives by February 1, 2000.

30         Section 5.  Subsection (2) of section 288.99, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1         288.99  Certified Capital Company Act.--

 2         (2)  PURPOSE.--The primary purpose of this act is to

 3  stimulate a substantial increase in venture capital

 4  investments in this state by providing an incentive for

 5  insurance companies to invest in certified capital companies

 6  in this state which, in turn, will make investments in new

 7  businesses or in expanding businesses, including

 8  minority-owned or minority-operated businesses and businesses

 9  located in a designated Front Porch community, enterprise

10  zone, designated urban job tax credit high-crime area, rural

11  job tax credit county, or nationally recognized historic

12  district. The increase in investment capital flowing into new

13  or expanding businesses is intended to contribute to

14  employment growth, create jobs which exceed the average wage

15  for the county in which the jobs are created, and expand or

16  diversify the economic base of this state.

17         Section 6.  Subsection (9) is added to section 290.007,

18  Florida Statutes, to read:

19         290.007  State incentives available in enterprise

20  zones.--The following incentives are provided by the state to

21  encourage the revitalization of enterprise zones:

22         (9)  An eligible business may transfer any unused

23  credit in whole or in units of no less than 25 percent of the

24  remaining credit. The entity acquiring such credit may use the

25  credit in the same manner and with the same limitation as

26  described in ss. 212.096 and 220.181. Such transferred credits

27  may not be transferred again but may succeed to a surviving or

28  acquiring entity subject to the same conditions and

29  limitations described in this section.

30         Section 7.  (1)  Notwithstanding any provision of

31  sections 290.001-290.016, Florida Statutes, the Office of

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  Tourism, Trade, and Economic Development may approve any

 2  request to amend the boundaries of an enterprise zone created

 3  or recertified after September 1, 2005. Boundary amendments

 4  authorized pursuant to this subsection are subject to the

 5  following requirements:

 6         (a)  The amendment shall not increase the overall size

 7  of the zone beyond 20 square miles.

 8         (b)  The amendment shall be consistent with the

 9  rationale for the establishment of the enterprise zone as

10  provided in section 290.0058, Florida Statutes.

11         (c)  The local enterprise zone development agency shall

12  request the amendment from the Office of Tourism, Trade, and

13  Economic Development. The request must contain maps and

14  sufficient information to allow the office to determine the

15  number of noncontiguous areas and the total enterprise zone

16  size. The request must also contain the justification for

17  changing the existing enterprise zone boundaries.

18         (d)  The office shall have 30 days to review and act

19  upon the boundary amendment request.

20         (2)  All enterprise zones existing as of December 31,

21  2004, may submit a letter requesting recertification of the

22  existing enterprise zone to the Office of Tourism, Trade, and

23  Economic Development by September 1, 2005. No reasonable

24  request for recertification shall be denied. Such request

25  shall include:

26         (a)  A description of the progress made within the zone

27  as measured against the existing strategic plan.

28         (b)  A map of the zone.

29         (c)  A statement of the goals for the next calendar

30  year, including, but not limited to, the number of new jobs,

31  

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    Florida Senate - 2005                                  SB 2212
    37-1181-05                                              See HB




 1  housing starts, infrastructure projects, and new capital

 2  investment.

 3         (d)  A narrative description of the zone with address

 4  ranges.

 5         Section 8.  Section 290.016, Florida Statutes, is

 6  amended to read:

 7         290.016  Repeal.--Sections 290.001-290.015 shall stand

 8  repealed on December 31, 2015 2005.

 9         Section 9.  This act shall take effect July 1, 2005.

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