Senate Bill sb7050pb

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050

    FOR CONSIDERATION By the Committee on Commerce and Consumer
    Services




    577-1133A-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         title 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; providing procedures

12         for changing an enterprise zone boundary;

13         amending s. 290.0056, F.S.; deleting the

14         requirement that a governing body pass an

15         ordinance to appoint the board of an enterprise

16         zone development agency; revising requirements

17         for making such appointments; deleting a

18         requirement that a certificate of appointment

19         of a board member be filed with the clerk of

20         the county or municipality; deleting the

21         requirement that an annual report by a board be

22         published and available for inspection;

23         providing additional responsibilities for an

24         enterprise zone development agency; amending s.

25         290.0057, F.S.; requiring that an application

26         for designation as a new enterprise zone

27         contain an enterprise zone development plan;

28         amending s. 290.0058, F.S.; updating obsolete

29         references; revising requirements for

30         determining poverty in an area nominated as a

31         rural enterprise zone; providing an exception;

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1         amending s. 290.0065, F.S.; establishing the

 2         maximum number of enterprise zones allowed,

 3         subject to any new zones authorized by the

 4         Legislature; revising the procedure for

 5         designating a new enterprise zone, which

 6         procedure is only available if an existing zone

 7         is not redesignated; deleting a requirement

 8         that an application for designation as an

 9         enterprise zone be categorized by population;

10         deleting obsolete provisions; providing a

11         procedure for redesignating certain zones;

12         providing a procedure for review and approval

13         or denial of redesignation of an enterprise

14         zone which takes into consideration past zone

15         performance and the current need for enterprise

16         zone incentives; providing for an approval

17         procedure prohibiting an entity having

18         jurisdiction over an area denied redesignation

19         as an enterprise zone from reapplying for

20         redesignation for 1 year; providing a

21         redesignation procedure for zones authorized in

22         conjunction with certain federal acts;

23         providing requirements for an application for

24         redesignation; deleting obsolete provisions;

25         amending s. 290.0066, F.S.; providing that

26         failure to make progress or failure to comply

27         with measurable goals may be considered as

28         grounds for revocation of an enterprise zone

29         designation; amending s. 290.12, F.S.;

30         providing a transition date that provides for a

31         zone having an effective date on or before

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1         January 1, 2005, to continue to exist until

 2         December 21, 2005, and to expire on that date;

 3         requiring that any zone designated or

 4         redesignated after January 1, 2006, do so in

 5         accordance with the Florida Enterprise Zone

 6         Act; amending s. 290.016, F.S.; delaying the

 7         repeal of the the Florida Enterprise Zone Act;

 8         amending ss. 166.231, 193.077, 193.085,

 9         195.073, 196.012, 205.022, 205.054, and 212.02,

10         F.S.; extending an expiration date with respect

11         to various tax exemptions; conforming

12         provisions to changes made by the act; amending

13         s. 212.08, F.S.; revising the procedures for

14         applying for a tax exemption on building

15         materials used to rehabilitate property;

16         deleting a restriction on refund claims;

17         extending the expiration date in order to

18         conform to changes made by the act; lowering

19         the purchase threshold for an exemption for the

20         business property exemption from $5,000 per

21         unit to $500 per item; extending the expiration

22         date for the exemption; deleting obsolete

23         provisions governing the community contribution

24         tax credit for donations; extending the

25         expiration date of the tax credit allowed for

26         electrical energy used in an enterprise zone,

27         to conform; amending s. 212.096, F.S.; revising

28         the enterprise zone jobs tax credit against

29         sales tax to allow for a new hire, not just a

30         new job, to qualify for the credit; revising

31         the requirements to qualify as an eligible

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1         business under the enterprise zone jobs tax

 2         credit; deleting obsolete provisions;

 3         redefining the term "jobs"; deleting a

 4         definition; extending the expiration date for

 5         the enterprise zone jobs tax credit, to

 6         conform; amending ss. 220.02 and 220.03, F.S.;

 7         extending the expiration date of the enterprise

 8         zone jobs tax credit against corporate income

 9         tax to conform to changes made by the act;

10         revising definitions; amending s. 220.181,

11         F.S.; revising the enterprise zone jobs tax

12         credit against corporate income tax to allow

13         for a new hire, not just a new job, to qualify

14         for the credit; revising requirements for

15         claiming the credit; extending the expiration

16         date of the tax credit, to conform; amending s.

17         220.182, F.S.; extending the expiration date of

18         the enterprise zone property tax credit;

19         amending s. 370.28, F.S.; requiring that an

20         enterprise zone in a community affected by net

21         limitations which is redesignated after January

22         1, 2006, do so in accordance with the Florida

23         Enterprise Zone Act; repealing ss. 290.00555,

24         290.0067, 290.00675, 290.00676, 290.00678,

25         290.00679, 290.0068, 290.00685, 290.00686,

26         290.00687, 290.00688, 290.00689, 290.0069,

27         290.00691, 290.00692, 290.00693, 290.00694,

28         290.00695, 290.00696, 290.00697, 290.00698,

29         290.00699, 290.00701, 290.00702, 290.00703,

30         290.00704, 290.00705, 290.00706, 290.00707,

31         290.00708, 290.00709, 290.009, and 290.015,

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1         F.S., relating to the designation of a

 2         satellite enterprise zone, an enterprise zone

 3         in Lake Apopka, a boundary amendment for the

 4         City of Brooksville in Hernando County, an

 5         amendment of certain rural enterprise zone

 6         boundaries, a designation of rural champion

 7         communities as enterprise zones, amendments to

 8         certain rural enterprise zone boundaries, the

 9         designation of a brownfield as an enterprise

10         zone, an application to amend an enterprise

11         zone containing a brownfield, the designation

12         of enterprise zones in Brevard County and the

13         City of Cocoa, the designation of an enterprise

14         zone in Pensacola, the designation of an

15         enterprise zone in Leon County, the designation

16         of a pilot project in an enterprise zone, the

17         designation of an enterprise zone in Liberty

18         County, the designation of an enterprise zone

19         in Columbia County and Lake City, the

20         designation of an enterprise zone in Suwannee

21         County and Live Oak, the designation of an

22         enterprise zone in Gadsden County, the

23         designation of an enterprise zone in Sarasota

24         County and Sarasota, the designation of

25         enterprise zones in Hernando County and

26         Brooksville, the designation of an enterprise

27         zone in Holmes County, the designation of an

28         enterprise zone in Calhoun County, the

29         designation of an enterprise zone in Okaloosa

30         County, the designation of an enterprise zone

31         in Hillsborough County, the designation of an

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1         enterprise zone in Escambia County, the

 2         designation of enterprise zones in Osceola

 3         County and the City of Cocoa, the designation

 4         of an enterprise zone in South Daytona, the

 5         designation of an enterprise zone in Lake

 6         Wales, the designation of an enterprise zone in

 7         Walton County, the designation of enterprise

 8         zones in Miami-Dade County and the City of West

 9         Miami, the designation of an enterprise zone in

10         Hialeah, a boundary amendment in an enterprise

11         zone within a consolidated government, a

12         boundary amendment in an enterprise zone within

13         an inland county, an enterprise zone

14         coordinating council, and an evaluation and

15         review of the enterprise zone program;

16         providing an effective date.

17  

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

19  

20         Section 1.  Section 290.001, Florida Statutes, is

21  amended to read:

22         290.001  Florida Enterprise Zone Act of 1994; short

23  title.--Sections 290.001-290.016 may be cited as the "Florida

24  Enterprise Zone Act of 1994."

25         Section 2.  Section 290.004, Florida Statutes, is

26  amended to read:

27         290.004  Definitions relating to Florida Enterprise

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

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

30  business investment corporation, a certified development

31  corporation, a small business investment corporation, or other

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1  similar entity incorporated under Florida law that has limited

 2  its investment policy to making investments solely in minority

 3  business enterprises.

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

 5         (2)(3)  "Director" means the director of the Office of

 6  Tourism, Trade, and Economic Development.

 7         (3)(4)  "Governing body" means the council or other

 8  legislative body charged with governing the county or

 9  municipality.

10         (5)  "Interagency coordinating council" means the

11  Enterprise Zone Interagency Coordinating Council created

12  pursuant to s. 290.009.

13         (4)(6)  "Minority business enterprise" has the same

14  meaning as in s. 288.703.

15         (5)(7)  "Office" means the Office of Tourism, Trade,

16  and Economic Development.

17         (6)(8)  "Rural enterprise zone" means an enterprise

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

19  75,000 or fewer, or a county having a population of 100,000 or

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

21  75,000 or fewer, or by a municipality in such a county, or by

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

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

24  370.28 is considered to be a rural enterprise zone.

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

26         (7)(10)  "Small business" has the same meaning as in s.

27  288.703.

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

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

30         290.0055  Local nominating procedure.--

31  

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1         (1)  If, pursuant to s. 290.0065, an opening exists for

 2  designation of a new enterprise zone, any county or

 3  municipality, or a county and one or more municipalities

 4  together, may apply to the office department for the

 5  designation of an area as an enterprise zone after completion

 6  of the following:

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

 8  resolution which:

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

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

11  municipalities, which chronically exhibits extreme and

12  unacceptable levels of poverty, unemployment, physical

13  deterioration, and economic disinvestment;

14         2.  Determines that the rehabilitation, conservation,

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

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

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

18  such county and one or more municipalities; and

19         3.  Determines that the revitalization of such area can

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

21  own resources in productive enterprises that build or rebuild

22  the economic viability of the area.

23         (b)  The creation of an enterprise zone development

24  agency pursuant to s. 290.0056.

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

26  pursuant to s. 290.0057.

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

28  more municipalities together, may not nominate more than one

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

30  125.011(1) may nominate more than one enterprise zone.

31  

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1         (4)  An area nominated by a county or municipality, or

 2  a county and one or more municipalities together, for

 3  designation as an enterprise zone shall be eligible for

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

 5  criteria:

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

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

 8  of not more than three noncontiguous parcels.

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

10  mileage limitation:

11         2.  For communities having a total population of

12  150,000 persons or more, the selected area shall not exceed 20

13  square miles.

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

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

16  area shall not exceed 10 square miles.

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

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

19  area shall not exceed 5 square miles.

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

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

22  area shall not exceed 3 square miles.

23         6.  For communities having a total population of less

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

25  square miles.

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

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

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

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

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

31  

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1  area nominated in a county that has a population which is less

 2  than 50,000.

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

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

 5  measured pursuant to s. 290.0058.

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

 7  the boundary of any enterprise zone which was designated

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

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

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

11  made, the enterprise zone continues to satisfy the

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

13         (b)  Upon a recommendation by the enterprise zone

14  development agency, the governing body of the jurisdiction

15  which authorized the application for an enterprise zone may

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

17  years by adopting a resolution that:

18         1.  States with particularity the reasons for the

19  change; and

20         2.  Describes specifically and, to the extent required

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

22         (c)  All applications for boundary changes must be

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

24  changes approved shall be effective July 1, 1997.

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

26  county operating under home rule charter adopted pursuant to

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

28  1885, as preserved by s. 6(e), Art. VIII of the State

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

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

31  Economic Development to amend the boundary lines of an

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1  enterprise zone within the county for the purpose of

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

 3  the enterprise zone located closest to the path where the

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

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

 6  Development shall approve an application made pursuant to this

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

 8  and limitations imposed by this section upon the establishment

 9  of such enterprise zone.

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

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

12  read:

13         290.0056  Enterprise zone development agency.--

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

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

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

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

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

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

20  or insurance entities; local the businesses and, where

21  possible, businesses operating within the nominated area; the

22  residents residing within the nominated area; nonprofit

23  community-based organizations operating within the nominated

24  area; the local private industry council; the local code

25  enforcement agency; and the local law enforcement agency. The

26  terms of office of the commissioners shall be for 4 years,

27  except that, in making the initial appointments, the governing

28  body shall appoint two members for terms of 3 years, two

29  members for terms of 2 years, and one member for a term of 1

30  year; the remaining initial members shall serve for terms of 4

31  years. A vacancy occurring during a term shall be filled for

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1  the unexpired term. The importance of including individuals

 2  from the nominated area shall be considered in making

 3  appointments. Further, the importance of minority

 4  representation on the agency shall be considered in making

 5  appointments so that the agency generally reflects the gender

 6  and ethnic composition of the community as a whole.

 7         (3)  A commissioner shall receive no compensation for

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

 9  expenses, including travel expenses, incurred in the discharge

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

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

12  certificate of the appointment or reappointment of any

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

14  municipality, and the certificate is conclusive evidence of

15  the due and proper appointment of the commissioner.

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

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

18  an executive director, technical experts, and such other

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

20  and determine their qualifications, duties, and compensation.

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

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

23  to transact business and exercise powers under this act shall

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

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

26  year, which report shall include a complete financial

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

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

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

30  the report publish in a newspaper of general circulation in

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

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7050
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 1  filed with the county or municipality and that the report is

 2  available for inspection during business hours in the office

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

 4  of the agency.

 5         (8)  The enterprise zone development agency shall have

 6  the following powers and responsibilities:

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

 8  and annual review and update of the strategic plan or

 9  measurable goals.

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

11  strategic plan or measurable goals. The agency shall make

12  quarterly reports to the governing body of the municipality or

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

14  municipalities, evaluating the progress in implementing the

15  strategic plan or measurable goals.

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

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

18  county and one or more municipalities, ways to remove

19  regulatory barriers.

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

21  the financial needs of, and local resources or assistance

22  available to, eligible businesses in the zone.

23         (e)  To assist in promoting the enterprise zone

24  incentives to residents and businesses within the enterprise

25  zone.

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

27  the enterprise zone to the governing body.

28         (g)  To work with organizations affiliated with Florida

29  Agricultural and Mechanical University, the University of

30  Florida, and the University of South Florida, unofficially

31  named the "University Partnership for Community Development,"

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 1  or similar organizations that have combined their resources to

 2  provide development consulting on a nonprofit basis.

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

 4  office, to ensure that the enterprise zone coordinator

 5  receives training on annual basis.

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

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

 8  Development a complete and detailed written report setting

 9  forth:

10         (a)  Its operations and accomplishments during the

11  fiscal year.

12         (b)  The accomplishments and progress concerning the

13  implementation of the strategic plan or measurable goals, and

14  any updates to the strategic plan or measurable goals.

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

16  agency during the fiscal year.

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

18  zone during the fiscal year.

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

20  incentives granted during the calendar year.

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

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

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

24  the governing body may dissolve the agency after receiving

25  notification from the department or the office that the area

26  was not designated as an enterprise zone.

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

28  Statutes, is amended to read:

29         290.0057  Enterprise zone development plan.--

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

31  enterprise zone must be accompanied by a strategic plan

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

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

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

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

 5  revitalizing the area.

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

 7  approaches to economic development, social and human services,

 8  transportation, housing, community development, public safety,

 9  and educational and environmental concerns will be addressed

10  in a coordinated fashion, and explain how these linkages

11  support the community's goals.

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

13  barriers that restrict the community from achieving these

14  goals, including a description of poverty and general

15  distress, barriers to economic opportunity and development,

16  and barriers to human development.

17         (d)  Describe the process by which the affected

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

19  implementing the plan and the extent to which local

20  institutions and organizations have contributed to the

21  planning process.

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

23  maintain local fiscal and regulatory incentives, if approval

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

25  may include the municipal public service tax exemption

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

27  tax exemption provided by s. 196.1995, the occupational

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

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

30  or grants to businesses to encourage the revitalization of the

31  nominated area.

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

 2  that will be available in the nominated area and the

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

 4  participation by, and cooperation with, universities,

 5  community colleges, small business development centers, black

 6  business investment corporations, certified development

 7  corporations, and other private and public entities.

 8         (g)  Indicate how state enterprise zone tax incentives

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

10  within the nominated area.

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

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

13  community, and physical development and related activities.

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

15  measuring the success of carrying out the strategic plan.

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

17  290.0058, Florida Statutes, are amended to read:

18         290.0058  Determination of pervasive poverty,

19  unemployment, and general distress.--

20         (1)  In determining whether an area suffers from

21  pervasive poverty, unemployment, and general distress, for

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

23  the office department shall use data from the most current

24  decennial census, and from information published by the Bureau

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

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

27  employed.

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

29  that poverty is widespread throughout the nominated area. The

30  poverty rate of the nominated area shall be established using

31  the following criteria:

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

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

 3  20 percent. However, for an area nominated for designation as

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

 5  more than 20 percent in each census geographic block group

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

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

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

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

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

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

12  apply to an area nominated for designation as a rural

13  enterprise zone.

14         (c)  Census geographic block groups with no population

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

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

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

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

19  parcel unless such parcel separately meets the criteria set

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

21         (5)  In making the calculations required by this

22  section, the local government and the office department shall

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

24  up to the next highest whole percentage figure.

25         Section 7.  Section 290.0065, Florida Statutes, is

26  amended to read:

27         290.0065  State designation of enterprise zones.--

28         (1)  The maximum number of zones authorized under this

29  section is the number of zones having an effective date on or

30  before January 1, 2005, subject to revision upward due to any

31  new zones authorized by the 2005-2006 Legislature. Upon

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 1  application of the governing body of a county or municipality

 2  or of a county and one or more municipalities jointly pursuant

 3  to s. 290.0055, Enterprise Florida, Inc., and the office, in

 4  consultation with the interagency coordinating council, shall

 5  determine which areas nominated by such governing bodies meet

 6  the criteria outlined in s. 290.0055 and are the most

 7  appropriate for designation as state enterprise zones. The

 8  office is authorized to designate up to five areas within each

 9  of the categories established in subparagraphs (3)(a)1., 2.,

10  3., 4., and 5., except that the office may only designate a

11  total of 20 areas as enterprise zones. The office shall not

12  designate more than three enterprise zones in any one county.

13  All designations, including any provision for redesignations,

14  of state enterprise zones pursuant to this section shall be

15  effective July 1, 1995.

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

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

18  county or municipality or of a county and one or more

19  municipalities jointly, pursuant to s. 290.0055, may apply to

20  fill the opening and request designation of an enterprise

21  zone. The office in consultation with Enterprise Florida,

22  Inc., shall determine which areas nominated by such governing

23  bodies meet the criteria outlined in s. 290.0055 and are the

24  most appropriate for designation as state enterprise zones.

25  Each application made pursuant to s. 290.0055 shall be ranked

26  competitively within the appropriate category established

27  pursuant to subsection (3) based on the pervasive poverty,

28  unemployment, and general distress of the area; the strategic

29  plan, including local fiscal and regulatory incentives,

30  prepared pursuant to s. 290.0057; and the prospects for new

31  investment and economic development in the area. Pervasive

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 1  poverty, unemployment, and general distress shall be weighted

 2  35 percent; strategic plan and local fiscal and regulatory

 3  incentives shall be weighted 40 percent; and prospects for new

 4  investment and economic development in the area shall be

 5  weighted 25 percent.

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

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

 8  following categories based on the 1990 census:

 9         1.  Communities consisting of census tracts in areas

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

11         2.  Communities consisting of census tracts in areas

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

13  than 150,000 persons.

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

15  or more but less than 50,000 persons.

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

17  more but less than 20,000 persons.

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

19  persons.

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

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

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

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

24  would have been considered if the municipality had acted

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

26  authorized to be an enterprise zone resides within the

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

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

29  category in which an application by the municipality with the

30  highest percentage of residents in such area would have been

31  considered if such municipality had authorized the area to be

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

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

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

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

 5  municipality had authorized such area to be an enterprise

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

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

 8  more municipalities shall be placed in the category in which

 9  an application by the municipality with the highest percentage

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

11  municipality had authorized such area to be an enterprise

12  zone.

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

14  redesignate any area existing as a state enterprise zone

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

16  the effective date of this section and originally approved

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

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

19  125.011(1), shall be redesignated as a state enterprise zone

20  upon completion and submittal to the office by the governing

21  body for an enterprise zone of the following:

22         1.  An updated zone profile for the enterprise zone

23  based on the most recent census data;

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

25  enterprise zone requesting redesignation and explaining why

26  the conditions of the zone merit redesignation; and

27         3.  Measurable goals for the enterprise zone developed

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

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

30  creation of an enterprise zone development agency pursuant to

31  s. 290.0056 and the completion of a strategic plan pursuant to

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 1  s. 290.0057.  Any area redesignated pursuant to this

 2  subsection, other than an area located in a county defined in

 3  s. 125.011(1), may be relocated or modified by the appropriate

 4  governmental bodies.  Such relocation or modification shall be

 5  identified in the strategic plan and shall meet the

 6  requirements for designation as established by former s.

 7  290.005. Any relocation or modification shall be submitted on

 8  or before June 1, 1996.

 9  

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

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

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

13  of s. 290.0055.

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

15  office shall, based on the zone profile and the grounds for

16  redesignation expressed in the resolution, determine whether

17  the enterprise zone merits redesignation. The office may also

18  examine and consider the following:

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

20  strategic plan;

21         2.  Use of enterprise zone incentives during the life

22  of the enterprise zone.

23  

24  If the office determines that the enterprise zone merits

25  redesignation, the office shall notify the governing body in

26  writing of its approval of redesignation.

27         (c)  If the zone is redesignated, the office shall

28  determine if the measurable goals submitted are reasonable. If

29  the office determines that the goals are reasonable, the

30  office shall notify the governing body in writing that the

31  goals have been approved. The office shall place any area

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 1  designated as a state enterprise zone pursuant to this

 2  subsection in the appropriate category established in

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

 4  limitations on state enterprise zone designations set out in

 5  subsection (1).

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

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

 8  writing of the denial. Any county or municipality having

 9  jurisdiction over an area denied redesignation designated as a

10  state enterprise zone pursuant to this subsection, other than

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

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

13  of denial.

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

15  a federal empowerment zone or enterprise community pursuant to

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

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

18  Appropriations Act shall be designated a state enterprise zone

19  as follows:

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

21  urban enterprise community pursuant to Title XIII of the

22  Omnibus Budget Reconciliation Act of 1993 or the Taxpayer

23  Relief Act of 1997 shall be redesignated designated a state

24  enterprise zone by the office upon completion of the

25  requirements set out in paragraph (d), except in the case of a

26  county as defined in s. 125.011(1) which, notwithstanding s.

27  290.0055, may incorporate and include such designated urban

28  empowerment zone or urban enterprise community areas within

29  the boundaries of its state enterprise zones without any

30  limitation as to size.

31  

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

 2  rural enterprise community pursuant to Title XIII of the

 3  Omnibus Budget Reconciliation Act of 1993 or the 1999

 4  Agricultural Appropriations Act shall be redesignated

 5  designated a state rural enterprise zone by the office upon

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

 7  may incorporate and include such designated rural empowerment

 8  zone or rural enterprise community within the boundaries of

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

10         (c)  Any county or municipality having jurisdiction

11  over an area redesignated designated as a state enterprise

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

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

14  area.

15         (d)  Prior to redesignating designating such areas as

16  state enterprise zones, the office shall ensure that the

17  governing body having jurisdiction over the zone submits the

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

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

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

21  development agency pursuant to s. 290.0056.

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

23  state enterprise zone pursuant to this subsection in the

24  appropriate category established in subsection (3), and

25  include such designations within the limitations on state

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

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

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

29  develop guidelines necessary for the approval of areas under

30  this section by the director.

31  

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 1         (b)  Such guidelines shall provide for the measurement

 2  of pervasive poverty, unemployment, and general distress using

 3  the criteria outlined by s. 290.0058.

 4         (c)  Such guidelines shall provide for the evaluation

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

 6  regulatory incentives for effectiveness, including how the

 7  following key principles will be implemented by the governing

 8  body or bodies:

 9         1.  Economic opportunity, including job creation within

10  the community and throughout the region, as well as

11  entrepreneurial initiatives, small business expansion, and

12  training for jobs that offer upward mobility.

13         2.  Sustainable community development that advances the

14  creation of livable and vibrant communities through

15  comprehensive approaches that coordinate economic, physical,

16  community, and human development.

17         3.  Community-based partnerships involving the

18  participation of all segments of the community.

19         4.  Strategic vision for change that identifies how the

20  community will be revitalized. This vision should include

21  methods for building on community assets and coordinate a

22  response to community needs in a comprehensive fashion. This

23  vision should provide goals and performance benchmarks for

24  measuring progress and establish a framework for evaluating

25  and adjusting the strategic plan or measurable goals.

26         5.  Local fiscal and regulatory incentives enacted

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

28  economic revitalization, including job creation and small

29  business expansion.

30         (d)  Such guidelines may provide methods for evaluating

31  the prospects for new investment and economic development in

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

 2  state enterprise zones located in the area.

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

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

 5  section, the office shall assign a unique identifying number

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

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

 8  resolution approved, together with its identifying number.

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

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

11  received at least $1 million in state community development

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

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

14  boundaries of the enterprise zone, and which has been

15  designated by the United States Department of Agriculture as a

16  "Champion Community" shall be redesignated as a state

17  enterprise zone upon the creation of an enterprise zone

18  development agency pursuant to s. 290.0056 and the completion

19  of a strategic plan pursuant to s. 290.0057.

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

21  limitations of state enterprise zone designation set out in

22  subsection (1).

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

24  a county in which an enterprise zone designated pursuant to

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

26  Tourism, Trade, and Economic Development to amend the

27  boundaries of the enterprise zone for the purpose of replacing

28  areas not suitable for development.

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

30  county in which an enterprise zone designated pursuant to

31  subparagraph (3)(a)2. is located may apply to the Office of

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 1  Tourism, Trade, and Economic Development to amend the

 2  boundaries of the enterprise zone for the purpose of replacing

 3  areas not suitable for development.

 4  

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

 6  approve the application if it does not increase the overall

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

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

 9  county the government of which has been consolidated with the

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

11  9, Art. VIII of the State Constitution of 1885, as preserved

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

13  1968 and subsequently amended, the Office of Tourism, Trade,

14  and Economic Development may amend the boundaries of an area

15  designated as an enterprise zone upon the receipt of a

16  resolution adopted by such governing body describing the

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

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

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

20  consistent with the categories, criteria, and limitations

21  imposed by s. 290.0055.

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

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

24  exceeding 3 square miles in area outside of and,

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

26  elsewhere, in addition to the previously designated 20 square

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

28  Economic Development shall amend the boundaries of the areas

29  previously designated by any such county as enterprise zones

30  upon the receipt of a resolution adopted by such governing

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

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 1  additional area is consistent with the categories, criteria,

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

 3  20-square-mile limitation and the requirements imposed by s.

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

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

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

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

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

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

10  the boundaries of the enterprise zone for the purpose of

11  replacing areas not suitable for development. The Office of

12  Tourism, Trade, and Economic Development shall approve the

13  application made pursuant to this subsection if the boundary

14  change is consistent with the categories, criteria, and

15  limitations imposed upon the establishment of such enterprise

16  zone.

17         (12)  Notwithstanding any provisions in s. 290.0055

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

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

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

21  boundary of an existing enterprise zone to include an

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

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

24  existing enterprise zone. The expanded area may not include

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

26  Tourism, Trade, and Economic Development shall approve an

27  amendment to the boundary of an enterprise zone under this

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

29  addition to the enterprise zone is consistent with the

30  criteria and conditions imposed by s. 290.0055 upon the

31  establishment of enterprise zones, including the requirement

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

 2  general distress.

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

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

 5  Economic Development to change the boundaries of an existing

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

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

 8  2004, with an area of the same number of acres outside the

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

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

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

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

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

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

15  Office of Tourism, Trade, and Economic Development shall

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

17  enterprise zone remains consistent with the criteria and

18  conditions imposed by s. 290.0055 upon the establishment of

19  enterprise zones, including the requirement that the area

20  suffer from pervasive poverty, unemployment, and general

21  distress.

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

23  Statutes, is amended to read:

24         290.0066  Revocation of enterprise zone designation.--

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

26  enterprise zone if the director determines that the governing

27  body or bodies:

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

29  benchmarks set forth in the strategic plan or measurable

30  goals; or

31  

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 1         (b)  Have not complied substantially with the strategic

 2  plan or measurable goals.

 3         Section 9.  Section 290.12, Florida Statutes, is

 4  amended to read:

 5         290.012  Transition.--Any enterprise zone having an

 6  effective date on or before January 1, 2005, continues in

 7  existence on the effective date of this section shall continue

 8  to exist until December 31, 2005 1994, and ceases shall cease

 9  to exist on that date. Any enterprise zone designated or

10  redesignated on or after January 1, 2006 1995, must do so be

11  created in accordance with the Florida Enterprise Zone Act of

12  1994. Any such designation shall not be effective until July

13  1, 1995.

14         Section 10.  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 11.  Paragraph (c) of subsection (8) of section

20  166.231, Florida Statutes, is amended to read:

21         166.231  Municipalities; public service tax.--

22         (8)

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

24  on the date specified for the expiration of the Florida

25  Enterprise Zone Act in s. 290.016 December 31, 2005, except

26  that any qualified business that which has satisfied the

27  requirements of this subsection before that date prior to

28  December 31, 2005, shall be allowed the full benefit of the

29  exemption allowed under this subsection as if this subsection

30  had not expired on that date December 31, 2005.

31  

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 1         Section 12.  Subsection (4) of section 193.077, Florida

 2  Statutes, is amended to read:

 3         193.077  Notice of new, rebuilt, or expanded

 4  property.--

 5         (4)  The provisions of This section expires shall

 6  expire and be void on the date specified for the expiration of

 7  the Florida Enterprise Zone Act in s. 290.016 June 30, 2005.

 8         Section 13.  Paragraph (b) of subsection (5) of section

 9  193.085, Florida Statutes, is amended to read:

10         193.085  Listing all property.--

11         (5)

12         (b)  The provisions of This subsection expires shall

13  expire and be void on the date specified for the expiration of

14  the Florida Enterprise Zone Act in s. 290.016 June 30, 2005.

15         Section 14.  Paragraph (b) of subsection (4) of section

16  195.073, Florida Statutes, is amended to read:

17         195.073  Classification of property.--All items

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

19  classification based upon the use of the property.  The

20  department shall promulgate uniform definitions for all

21  classifications.  The department may designate other

22  subclassifications of property.  No assessment roll may be

23  approved by the department which does not show proper

24  classifications.

25         (4)

26         (b)  The provisions of This subsection expires shall

27  expire and be void on the date specified for the expiration of

28  the Florida Enterprise Zone Act in s. 290.016 June 30, 2005.

29         Section 15.  Subsection (19) of section 196.012,

30  Florida Statutes, is amended to read:

31  

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 1         196.012  Definitions.--For the purpose of this chapter,

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

 3  context clearly indicates otherwise:

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

 5  enterprise zone pursuant to s. 290.0065. This subsection

 6  expires shall stand repealed on the date specified for the

 7  expiration of the Florida Enterprise Zone Act in s. 290.016

 8  December 31, 2005.

 9         Section 16.  Subsection (7) of section 205.022, Florida

10  Statutes, is amended to read:

11         205.022  Definitions.--When used in this chapter, the

12  following terms and phrases shall have the meanings ascribed

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

14  indicates a different meaning:

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

16  enterprise zone pursuant to s. 290.0065. This subsection

17  expires shall stand repealed on the date specified for the

18  expiration of the Florida Enterprise Zone Act in s. 290.016

19  December 31, 2005.

20         Section 17.  Subsection (6) of section 205.054, Florida

21  Statutes, is amended to read:

22         205.054  Occupational license tax; partial exemption

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

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

25  date specified for the expiration of the Florida Enterprise

26  Zone Act in s. 290.016 December 31, 2005; and no license shall

27  be issued with the exemption authorized in this section for

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

29         Section 18.  Subsection (6) of section 212.02, Florida

30  Statutes, is amended to read:

31  

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 1         212.02  Definitions.--The following terms and phrases

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

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

 4  different meaning:

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

 6  designated pursuant to s. 290.0065. This subsection expires

 7  shall expire and be void on the date specified for the

 8  expiration of the Florida Enterprise Zone Act in s. 290.016

 9  December 31, 2005.

10         Section 19.  Paragraphs (g), (h), and (q) of subsection

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

12  Florida Statutes, are amended to read:

13         212.08  Sales, rental, use, consumption, distribution,

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

15  the rental, the use, the consumption, the distribution, and

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

17  following are hereby specifically exempt from the tax imposed

18  by this chapter.

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

20         (g)  Building materials used in the rehabilitation of

21  real property located in an enterprise zone.--

22         1.  Building materials used in the rehabilitation of

23  real property located in an enterprise zone shall be exempt

24  from the tax imposed by this chapter upon an affirmative

25  showing to the satisfaction of the department that the items

26  have been used for the rehabilitation of real property located

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

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

29  rehabilitated real property located in an enterprise zone only

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

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

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 1  the rehabilitated real property located in an enterprise zone

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

 3  enterprise zone development agency having jurisdiction over

 4  the enterprise zone where the business is located, as

 5  applicable, which includes:

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

 7  refund.

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

 9  rehabilitated real property in an enterprise zone for which a

10  refund of previously paid taxes is being sought.

11         c.  A description of the improvements made to

12  accomplish the rehabilitation of the real property.

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

14  rehabilitation of the real property.

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

16  from the general contractor licensed in this state with whom

17  the applicant contracted to make the improvements necessary to

18  accomplish the rehabilitation of the real property, which

19  statement lists the building materials used in the

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

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

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

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

24  information in a sworn statement, under the penalty of

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

26  the building materials used in such rehabilitation and the

27  payment of sales tax on the building materials shall be

28  attached to the sworn statement provided by the general

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

30  building materials used in the rehabilitation of real property

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

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

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

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

 4  purposes.

 5         f.  The identifying number assigned pursuant to s.

 6  290.0065 to the enterprise zone in which the rehabilitated

 7  real property is located.

 8         g.  A certification by the local building code

 9  inspector that the improvements necessary to accomplish the

10  rehabilitation of the real property are substantially

11  completed.

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

13  by s. 288.703(1).

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

15  permanent employee of the business, including, for each

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

17  identifying number assigned pursuant to s. 290.0065 to the

18  enterprise zone in which the employee resides.

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

20  governmental agency, or nonprofit community-based organization

21  through a refund of previously paid taxes if the building

22  materials used in the rehabilitation of real property located

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

24  community development block grant, State Housing Initiatives

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

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

27  other governmental agency, or nonprofit community-based

28  organization must file an application which includes the same

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

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

31  addition, the application must include a sworn statement

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

 2  other governmental agency, or nonprofit community-based

 3  organization seeking a refund which states that the building

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

 5  funds of a community development block grant, State Housing

 6  Initiatives Partnership Program, or similar grant or loan

 7  program.

 8         3.  Within 10 working days after receipt of an

 9  application, the governing body or enterprise zone development

10  agency shall review the application to determine if it

11  contains all the information required pursuant to subparagraph

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

13  paragraph. The governing body or agency shall certify all

14  applications that contain the information required pursuant to

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

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

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

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

19  an enterprise zone, excluding temporary and part-time

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

21  of the certification shall be transmitted to the executive

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

23  responsible for forwarding a certified application to the

24  department within the time specified in subparagraph 4.

25         4.  An application for a refund pursuant to this

26  paragraph must be submitted to the department within 6 months

27  after the rehabilitation of the property is deemed to be

28  substantially completed by the local building code inspector

29  or by September 1 within 90 days after the rehabilitated

30  property is first subject to assessment.

31  

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

 2  refund application made pursuant to this paragraph. No more

 3  than one exemption through a refund of previously paid taxes

 4  for the rehabilitation of real property shall be permitted for

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

 6  pursuant to this paragraph unless the amount to be refunded

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

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

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

10  rehabilitation of the real property as determined pursuant to

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

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

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

14  the amount of refund granted pursuant to this paragraph shall

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

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

17  approved pursuant to this paragraph shall be made within 30

18  days of formal approval by the department of the application

19  for the refund.

20         6.  The department shall adopt rules governing the

21  manner and form of refund applications and may establish

22  guidelines as to the requisites for an affirmative showing of

23  qualification for exemption under this paragraph.

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

25  percent of each refund granted under the provisions of this

26  paragraph from the amount transferred into the Local

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

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

29  property is located and shall transfer that amount to the

30  General Revenue Fund.

31  

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

 2  paragraph:

 3         a.  "Building materials" means tangible personal

 4  property which becomes a component part of improvements to

 5  real property.

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

 7  s. 192.001(12).

 8         c.  "Rehabilitation of real property" means the

 9  reconstruction, renovation, restoration, rehabilitation,

10  construction, or expansion of improvements to real property.

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

12  provided in s. 192.042(1).

13         9.  The provisions of This paragraph expires shall

14  expire and be void on the date specified for the expiration of

15  the Florida Enterprise Zone Act in s. 290.016 December 31,

16  2005.

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

18         1.  Business property purchased for use by businesses

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

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

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

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

23  upon an affirmative showing by the taxpayer to the

24  satisfaction of the department that the requirements of this

25  paragraph have been met.

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

27  oath with the governing body or enterprise zone development

28  agency having jurisdiction over the enterprise zone where the

29  business is located, as applicable, an application which

30  includes:

31  

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

 2  refund.

 3         b.  The identifying number assigned pursuant to s.

 4  290.0065 to the enterprise zone in which the business is

 5  located.

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

 7  refund is sought, including its serial number or other

 8  permanent identification number.

 9         d.  The location of the property.

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

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

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

13  from whom the property was purchased.

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

15  by s. 288.703(1).

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

17  permanent employee of the business, including, for each

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

19  identifying number assigned pursuant to s. 290.0065 to the

20  enterprise zone in which the employee resides.

21         3.  Within 10 working days after receipt of an

22  application, the governing body or enterprise zone development

23  agency shall review the application to determine if it

24  contains all the information required pursuant to subparagraph

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

26  governing body or agency shall certify all applications that

27  contain the information required pursuant to subparagraph 2.

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

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

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

31  business are residents of an enterprise zone, excluding

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

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

 3  transmitted to the executive director of the Department of

 4  Revenue. The business shall be responsible for forwarding a

 5  certified application to the department within the time

 6  specified in subparagraph 4.

 7         4.  An application for a refund pursuant to this

 8  paragraph must be submitted to the department within 6 months

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

10  purchased.

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

12  refund application made pursuant to this paragraph. The amount

13  refunded on purchases of business property under this

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

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

16  20 percent of the employees of the business are residents of

17  an enterprise zone, excluding temporary and part-time

18  employees, the amount refunded on purchases of business

19  property under this paragraph shall be the lesser of 97

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

21  $10,000. A refund approved pursuant to this paragraph shall be

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

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

24  under this paragraph unless the amount to be refunded exceeds

25  $100 in sales tax paid on purchases made within a 60-day time

26  period.

27         6.  The department shall adopt rules governing the

28  manner and form of refund applications and may establish

29  guidelines as to the requisites for an affirmative showing of

30  qualification for exemption under this paragraph.

31  

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 1         7.  If the department determines that the business

 2  property is used outside an enterprise zone within 3 years

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

 4  business purchasing such business property shall immediately

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

 6  with the appropriate interest and penalty, computed from the

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

 8  Notwithstanding this subparagraph, business property used

 9  exclusively in:

10         a.  Licensed commercial fishing vessels,

11         b.  Fishing guide boats, or

12         c.  Ecotourism guide boats

13  

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

15  designated under s. 370.28 are eligible for the exemption

16  provided under this paragraph if all requirements of this

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

18  business that is eligible to receive the exemption provided

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

20  purchase of a vessel or boat.

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

22  percent of each refund granted under the provisions of this

23  paragraph from the amount transferred into the Local

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

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

26  is located and shall transfer that amount to the General

27  Revenue Fund.

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

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

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

31  as amended, except:

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

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

 3         b.  Industrial machinery and equipment as defined in

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

 5  paragraph (b);

 6         c.  Building materials as defined in sub-subparagraph

 7  (g)8.a.; and

 8         d.  Business property having a sales price of under

 9  $500 $5,000 per item unit.

10         10.  The provisions of This paragraph expires shall

11  expire and be void on the date specified for the expiration of

12  the Florida Enterprise Zone Act in s. 290.016 December 31,

13  2005.

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

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

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

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

18  sponsors are eligible for tax credits against their state

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

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

21  person's approved annual community contribution;

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

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

24  the 12 months preceding the date of application to the

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

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

27  because of insufficient tax payments during the applicable

28  12-month period, the unused amount may be included in an

29  application for a refund made pursuant to sub-subparagraph

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

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

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 1  period without regard to any time limitation that would

 2  otherwise apply under s. 215.26;

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

 4  annual tax credits for all approved community contributions

 5  made in any one year;

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

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

 8  Trade, and Economic Development;

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

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

11  220.183, and s. 624.5105 is $10 million annually; and

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

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

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

15  choice.

16         2.  Eligibility requirements.--

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

18  following form:

19         (I)  Cash or other liquid assets;

20         (II)  Real property;

21         (III)  Goods or inventory; or

22         (IV)  Other physical resources as identified by the

23  Office of Tourism, Trade, and Economic Development.

24         b.  All community contributions must be reserved

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

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

27  undertaken by an eligible sponsor which is designed to

28  construct, improve, or substantially rehabilitate housing that

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

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

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

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 1  designed to improve entrepreneurial and job-development

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

 3  investment necessary to increase access to high-speed

 4  broadband capability in rural communities with enterprise

 5  zones, including projects that result in improvements to

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

 7  may include the provision of museum educational programs and

 8  materials that are directly related to any project approved

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

10  an enterprise zone as referenced in s. 290.00675. This

11  paragraph does not preclude projects that propose to construct

12  or rehabilitate housing for low-income or very-low-income

13  households on scattered sites. The Office of Tourism, Trade,

14  and Economic Development may reserve up to 50 percent of the

15  available annual tax credits for housing for very-low-income

16  households pursuant to s. 420.9071(28) for the first 6 months

17  of the fiscal year. With respect to housing, contributions may

18  be used to pay the following eligible low-income and

19  very-low-income housing-related activities:

20         (I)  Project development impact and management fees for

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

22         (II)  Down payment and closing costs for eligible

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

24         (III)  Administrative costs, including housing

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

26  community contribution, directly related to low-income or

27  very-low-income projects; and

28         (IV)  Removal of liens recorded against residential

29  property by municipal, county, or special district local

30  governments when satisfaction of the lien is a necessary

31  precedent to the transfer of the property to an eligible

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

 2  purpose of promoting home ownership. Contributions for lien

 3  removal must be received from a nonrelated third party.

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

 5  sponsor," which includes:

 6         (I)  A community action program;

 7         (II)  A nonprofit community-based development

 8  organization whose mission is the provision of housing for

 9  low-income or very-low-income households or increasing

10  entrepreneurial and job-development opportunities for

11  low-income persons;

12         (III)  A neighborhood housing services corporation;

13         (IV)  A local housing authority created under chapter

14  421;

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

16  163.356;

17         (VI)  The Florida Industrial Development Corporation;

18         (VII)  A historic preservation district agency or

19  organization;

20         (VIII)  A regional workforce board;

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

22  1009.983;

23         (X)  An enterprise zone development agency created

24  under s. 290.0056;

25         (XI)  A community-based organization incorporated under

26  chapter 617 which is recognized as educational, charitable, or

27  scientific pursuant to s. 501(c)(3) of the Internal Revenue

28  Code and whose bylaws and articles of incorporation include

29  affordable housing, economic development, or community

30  development as the primary mission of the corporation;

31         (XII)  Units of local government;

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 1         (XIII)  Units of state government; or

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

 3  Trade, and Economic Development designates by rule.

 4  

 5  In no event may a contributing person have a financial

 6  interest in the eligible sponsor.

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

 8  an enterprise zone or a Front Porch Florida Community pursuant

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

10  high-speed broadband capability for rural communities with

11  enterprise zones but is physically located outside the

12  designated rural zone boundaries. Any project designed to

13  construct or rehabilitate housing for low-income or

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

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

16  sub-subparagraph.

17         3.  Application requirements.--

18         a.  Any eligible sponsor seeking to participate in this

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

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

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

22  which the project is located, together with such supporting

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

24  contain a resolution from the local governmental unit in which

25  the project is located certifying that the project is

26  consistent with local plans and regulations.

27         b.  Any person seeking to participate in this program

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

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

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

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

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 1  shall verify the terms of the application and indicate its

 2  receipt of the contribution, which verification must be in

 3  writing and accompany the application for tax credit. The

 4  person must submit a separate tax credit application to the

 5  office for each individual contribution that it makes to each

 6  individual project.

 7         c.  Any person who has received notification from the

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

 9  credit has been approved must apply to the department to

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

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

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

13  only one application for refund to the department within any

14  12-month period.

15         4.  Administration.--

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

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

18  120.54 necessary to administer this paragraph, including rules

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

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

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

22  notification shall state the maximum credit allowable to the

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

24  decision to the Department of Revenue.

25         c.  The Office of Tourism, Trade, and Economic

26  Development shall periodically monitor all projects in a

27  manner consistent with available resources to ensure that

28  resources are used in accordance with this paragraph; however,

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

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

31  Development shall, in consultation with the Department of

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 1  Community Affairs, the Florida Housing Finance Corporation,

 2  and the statewide and regional housing and financial

 3  intermediaries, market the availability of the community

 4  contribution tax credit program to community-based

 5  organizations.

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

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

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

 9  period for such credit.

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

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

12  on the date specified for the expiration of the Florida

13  Enterprise Zone Act in s. 290.016 December 31, 2005, except

14  that:

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

16         2.  Any qualified business which has been granted an

17  exemption under this subsection prior to that date shall be

18  allowed the full benefit of this exemption as if this

19  subsection had not expired on that date.

20         Section 20.  Subsections (1), (2), (3), (6), (10),

21  (11), and (12) of section 212.096, Florida Statutes, are

22  amended to read:

23         212.096  Sales, rental, storage, use tax; enterprise

24  zone jobs credit against sales tax.--

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

26  section:

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

28  firm, partnership, corporation, bank, savings association,

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

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

31  enterprise zone. The business must demonstrate to the

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

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

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

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

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

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

 7  eligible business does not include any business which has

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

 9  business employee first beginning employment with the business

10  after July 1, 1995.

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

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

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

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

15  month.

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

17  enterprise zone or a participant in the welfare transition

18  program who begins employment with an eligible business after

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

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

21  or a successor eligible business, claiming the credit allowed

22  by this section.

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

24  as consistent with terms used by the Agency for Workforce

25  Innovation and the United States Department of Labor for

26  purposes of unemployment compensation tax administration and

27  employment estimation resulting directly from a business

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

29  a temporary construction job jobs involved with the

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

31  previously been included in any application for tax credits

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

 2  of an employee leased from an employee leasing company

 3  licensed under chapter 468 if such employee has been

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

 5  36 hours per week for more than 6 months.

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

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

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

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

10  

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

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

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

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

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

16  site located in the enterprise zone.

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

18  provision of meaningful employment opportunities which will

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

20  economic expansion of enterprise zones and the state.

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

22  showing by an eligible business to the satisfaction of the

23  department that the requirements of this section have been

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

25  remitted under this chapter.

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

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

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

29  located within a rural enterprise zone pursuant to s.

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

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

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 1  the employees of the business are residents of an enterprise

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

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

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

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

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

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

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

 9  welfare transition program, the following credit shall be a

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

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

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

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

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

15  $8 above the hourly federal minimum wage rate. For purposes of

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

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

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

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

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

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

22  approval by the department.

23         (3)  In order to claim this credit, an eligible

24  business must file under oath with the governing body or

25  enterprise zone development agency having jurisdiction over

26  the enterprise zone where the business is located, as

27  applicable, a statement which includes:

28         (a)  For each new employee for whom this credit is

29  claimed, the employee's name and place of residence, including

30  the identifying number assigned pursuant to s. 290.0065 to the

31  enterprise zone in which the employee resides if the new

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 1  employee is a person residing in an enterprise zone, and, if

 2  applicable, documentation that the employee is a welfare

 3  transition program participant.

 4         (b)  If applicable, the name and address of each

 5  permanent employee of the business, including, for each

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

 7  identifying number assigned pursuant to s. 290.0065 to the

 8  enterprise zone in which the employee resides.

 9         (c)  The name and address of the eligible business.

10         (d)  The starting salary or hourly wages paid to the

11  new employee.

12         (e)  Demonstration to the department that the total

13  number of full-time jobs defined under paragraph (1)(d) has

14  increased in an enterprise zone from the average of the

15  previous 12 months.

16         (e)(f)  The identifying number assigned pursuant to s.

17  290.0065 to the enterprise zone in which the business is

18  located.

19         (f)(g)  Whether the business is a small business as

20  defined by s. 288.703(1).

21         (g)(h)  Within 10 working days after receipt of an

22  application, the governing body or enterprise zone development

23  agency shall review the application to determine if it

24  contains all the information required pursuant to this

25  subsection and meets the criteria set out in this section. The

26  governing body or agency shall certify all applications that

27  contain the information required pursuant to this subsection

28  and meet the criteria set out in this section as eligible to

29  receive a credit. If applicable, the governing body or agency

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

31  business are residents of an enterprise zone, excluding

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

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

 3  transmitted to the executive director of the Department of

 4  Revenue. The business shall be responsible for forwarding a

 5  certified application to the department within the time

 6  specified in paragraph (h) (i).

 7         (h)(i)  All applications for a credit pursuant to this

 8  section must be submitted to the department within 6 months

 9  after the new employee is hired, except applications for

10  credit for leased employees. Applications for credit for

11  leased employees must be submitted to the department within 7

12  months after the employee is leased.

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

14  apply:

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

16  majority stockholder of an eligible business.

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

18  period less than 3 calendar months.

19         (c)  For any new employee who fills a job made

20  available by the separation of a new employee for whom the

21  business received this credit and who was employed by the

22  business less than 12 months.

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

24  to affirmatively demonstrate to the satisfaction of the

25  department that it meets the requirements of this section.

26         (10)(11)  Any person who fraudulently claims this

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

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

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

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

31  775.082 or s. 775.083.

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 1         (11)(12)  The provisions of This section, except for

 2  subsection (11), expires on the date specified for the

 3  expiration of the Florida Enterprise Zone Act in s. 290.016

 4  expire December 31, 2005.

 5         Section 21.  Paragraph (c) of subsection (6) and

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

 7  Statutes, are amended to read:

 8         220.02  Legislative intent.--

 9         (6)

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

11  date specified for the expiration of the Florida Enterprise

12  Zone Act in s. 290.016 shall expire and be void on June 30,

13  2005.

14         (7)

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

16  date specified for the expiration of the Florida Enterprise

17  Zone Act in s. 290.016 shall expire and be void on June 30,

18  2005.

19         Section 22.  Paragraphs (a), (c), (d), (i), (j), (k),

20  (o), (p), (q), (t), (u), (ff), and (gg) of subsection (1) of

21  section 220.03, Florida Statutes, are amended to read:

22         220.03  Definitions.--

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

24  not otherwise distinctly expressed or manifestly incompatible

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

26  following meanings:

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

28  property taxes levied for operating purposes and does not

29  include interest, penalties, or discounts foregone. In

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

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

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 1  or additional real or personal property acquired to establish

 2  a new business or facilitate a business expansion, including

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

 4  and including one or more buildings or other structures,

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

 6  paragraph expires on the date specified for the expiration of

 7  the Florida Enterprise Zone Act in s. 290.016 shall expire and

 8  be void on June 30, 2005.

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

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

11  paragraph (e), and any bank or savings and loan association as

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

13  provisions of this chapter. The provisions of This paragraph

14  expires on the date specified for the expiration of the

15  Florida Enterprise Zone Act in s. 290.016 shall expire and be

16  void on June 30, 2005.

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

18  business firm of any of the following items:

19         1.  Cash or other liquid assets.

20         2.  Real property.

21         3.  Goods or inventory.

22         4.  Other physical resources as identified by the

23  department.

24  

25  The provisions of This paragraph expires on the date specified

26  for the expiration of the Florida Enterprise Zone Act in s.

27  290.016 shall expire and be void on June 30, 2005.

28         (i)  "Emergency," as used in s. 220.02 and in paragraph

29  (u) of this subsection, means occurrence of widespread or

30  severe damage, injury, or loss of life or property proclaimed

31  pursuant to s. 14.022 or declared pursuant to s. 252.36. The

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 1  provisions of This paragraph expires on the date specified for

 2  the expiration of the Florida Enterprise Zone Act in s.

 3  290.016 shall expire and be void on June 30, 2005.

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

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

 6  paragraph expires on the date specified for the expiration of

 7  the Florida Enterprise Zone Act in s. 290.016 shall expire and

 8  be void on June 30, 2005.

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

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

11  business entity authorized to do business in this state as

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

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

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

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

16  and personal property and which establishes five or more new

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

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

19  date specified for the expiration of the Florida Enterprise

20  Zone Act in s. 290.016 shall expire and be void on June 30,

21  2005.

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

23  incorporated municipality in the state. The provisions of This

24  paragraph expires on the date specified for the expiration of

25  the Florida Enterprise Zone Act in s. 290.016 shall expire and

26  be void on June 30, 2005.

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

28  zone property tax credit, means any business entity authorized

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

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

31  220.62, subject to the tax imposed by the provisions of this

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

 2  enterprise zone and clearly separate from any other commercial

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

 4  savings and loan association and which establishes five or

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

 6  employees at such location. The provisions of This paragraph

 7  expires on the date specified for the expiration of the

 8  Florida Enterprise Zone Act in s. 290.016 shall expire and be

 9  void on June 30, 2005.

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

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

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

13  employed at a business located in an enterprise zone who

14  begins employment in the operations of the business after July

15  1, 1995, and who has not been previously employed full time

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

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

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

19  person performs duties in connection with the operations of

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

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

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

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

24  of This paragraph expires on the date specified for the

25  expiration of the Florida Enterprise Zone Act in s. 290.016

26  shall expire and be void on June 30, 2005.

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

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

29  designed to construct, improve, or substantially rehabilitate

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

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

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 1  provide commercial, industrial, or public resources and

 2  facilities; or designed to improve entrepreneurial and

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

 4  project may be the investment necessary to increase access to

 5  high-speed broadband capability in rural communities with

 6  enterprise zones, including projects that result in

 7  improvements to communications assets that are owned by a

 8  business. A project may include the provision of museum

 9  educational programs and materials that are directly related

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

11  31, 1999, and located in an enterprise zone as referenced in

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

13  propose to construct or rehabilitate low-income or

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

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

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

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

18  420.9071(28) for the first 6 months of the fiscal year. With

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

20  following eligible project-related activities:

21         1.  Project development, impact, and management fees

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

23         2.  Down payment and closing costs for eligible

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

25         3.  Administrative costs, including housing counseling

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

27  contribution, directly related to low-income or

28  very-low-income projects; and

29         4.  Removal of liens recorded against residential

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

31  governments when satisfaction of the lien is a necessary

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 1  precedent to the transfer of the property to an eligible

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

 3  purpose of promoting home ownership. Contributions for lien

 4  removal must be received from a nonrelated third party.

 5  

 6  The provisions of This paragraph expires on the date specified

 7  for the expiration of the Florida Enterprise Zone Act in s.

 8  290.016 shall expire and be void on June 30, 2005.

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

10  replacement or restoration of real or tangible property

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

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

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

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

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

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

17  The provisions of This paragraph expires on the date specified

18  for the expiration of the Florida Enterprise Zone Act in s.

19  290.016 shall expire and be void on June 30, 2005.

20         (ff)  "New job has been created" means that the total

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

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

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

24         (ff)(gg)  "Job Jobs" means a full-time position

25  positions, as consistent with terms used by the Agency for

26  Workforce Innovation and the United States Department of Labor

27  for purposes of unemployment compensation tax administration

28  and employment estimation resulting directly from business

29  operations in this state. This term These terms may not

30  include a temporary construction job jobs involved with the

31  construction of facilities or any job jobs that has have

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 1  previously been included in any application for tax credits

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

 3  an employee leased from an employee leasing company licensed

 4  under chapter 468 if the employee has been continuously leased

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

 6  for more than 6 months.

 7         Section 23.  Subsections (1) and (9) of section

 8  220.181, Florida Statutes, are amended to read:

 9         220.181  Enterprise zone jobs credit.--

10         (1)(a)  Upon an an affirmative showing by an eligible

11  business to the satisfaction of the department that the

12  requirements of this section have been met, the business

13  Beginning January 1, 2002, there shall be allowed a credit

14  against the tax imposed by this chapter to any business

15  located in an enterprise zone which demonstrates to the

16  department that the total number of full-time jobs has

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

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

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

20  2001, may also be eligible to claim the credit for eligible

21  employees under the provisions that took effect January 1,

22  2002. The credit shall be computed as 20 percent of the actual

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

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

25  220.03(1)(ff), unless the business is located in a rural

26  enterprise zone, pursuant to s. 290.004(6) s. 290.004(8), in

27  which case the credit shall be 30 percent of the actual

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

29  employees of the business are residents of an enterprise zone,

30  excluding temporary and part-time employees, the credit shall

31  be computed as 30 percent of the actual monthly wages paid in

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 1  this state to each new employee hired when a new job has been

 2  created, unless the business is located in a rural enterprise

 3  zone, in which case the credit shall be 45 percent of the

 4  actual monthly wages paid, for a period of up to 24

 5  consecutive months. If the new employee hired when a new job

 6  is created is a participant in the welfare transition program,

 7  the following credit shall be a percent of the actual monthly

 8  wages paid: 40 percent for $4 above the hourly federal minimum

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

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

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

12  wage rate; and 44 percent for $8 above the hourly federal

13  minimum wage rate.

14         (b)  This credit applies only with respect to wages

15  subject to unemployment tax. The credit provided in this

16  section does not apply:

17         1.  For any new employee who is an owner, partner, or

18  majority stockholder of an eligible business.

19         2.  For any new employee who is employed for any period

20  less than 3 calendar months.

21         3.  For any new employee who fills a job made available

22  by the separation of a new employee for whom the business

23  received this credit and who was employed by the business less

24  than 12 months. and does not apply for any new employee who is

25  employed for any period less than 3 full months.

26         (c)  If this credit is not fully used in any one year,

27  the unused amount may be carried forward for a period not to

28  exceed 5 years. The carryover credit may be used in a

29  subsequent year when the tax imposed by this chapter for such

30  year exceeds the credit for such year after applying the other

31  

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 1  credits and unused credit carryovers in the order provided in

 2  s. 220.02(8).

 3         (9)  The provisions of This section, except paragraph

 4  (1)(c) and subsection (8), expires on the date specified for

 5  the expiration of the Florida Enterprise Zone Act in s.

 6  290.016 shall expire and be void on June 30, 2005, and a no

 7  business may not shall be allowed to begin claiming the such

 8  enterprise zone jobs credit after that date; however, the

 9  expiration of this section does shall not affect the operation

10  of any credit for which a business has qualified under this

11  section before that date prior to June 30, 2005, or any

12  carryforward of unused credit amounts as provided in paragraph

13  (1)(c).

14         Section 24.  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 for the expiration of the Florida Enterprise

19  Zone Act in s. 290.016 shall expire and be void on June 30,

20  2005, and a no business may not shall be allowed to begin

21  claiming the such enterprise zone property tax credit after

22  that date; however, the expiration of this section does shall

23  not affect the operation of any credit for which a business

24  has qualified under this section before that date prior to

25  June 30, 2005, or any carryforward of unused credit amounts as

26  provided in paragraph (1)(b).

27         Section 25.  Subsection (2) of section 370.28, Florida

28  Statutes, is amended to read:

29         370.28  Enterprise zone designation; communities

30  adversely impacted by net limitations.--

31  

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 1         (2)(a)  Such communities having a population of fewer

 2  less than 7,500 persons and such communities in rural and

 3  coastal counties with a county population of fewer less than

 4  25,000 may apply to the Office of Tourism, Trade, and Economic

 5  Development by August 15, 1996, for the designation of an area

 6  as an enterprise zone.  The community must comply with the

 7  requirements of s. 290.0055, except that, for a community

 8  having a total population of 7,500 persons or more but fewer

 9  less than 20,000 persons, the selected area may shall not

10  exceed 5 square miles. Notwithstanding the provisions of s.

11  290.0065, limiting the total number of enterprise zones

12  designated and the number of enterprise zones within a

13  population category, the Office of Tourism, Trade, and

14  Economic Development may designate an enterprise zone in eight

15  of the identified communities. The governing body having

16  jurisdiction over such area shall create an enterprise zone

17  development agency pursuant to s. 290.0056 and submit a

18  strategic plan pursuant to s. 290.0057.  Enterprise zones

19  designated pursuant to this section shall be effective January

20  1, 1997. Any enterprise zone designated under this paragraph

21  having an effective date on or before January 1, 2005,

22  continues to exist until, and shall terminate December 31,

23  2005, and ceases to exist on that date. Any enterprise zone

24  redesignated on or after January 1, 2006, must do so in

25  accordance with the Florida Enterprise Zone Act.

26         (b)  Notwithstanding any provisions of this section to

27  the contrary, communities in coastal counties with a county

28  population greater than 20,000, which can demonstrate that the

29  community has historically been a fishing community and has

30  therefore had a direct adverse impact from the adoption of the

31  constitutional amendment limiting the use of nets, shall also

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 1  be eligible to apply for designation of an area as an

 2  enterprise zone.  The community must comply with the

 3  requirements of s. 290.0055, except s. 290.0055(3). Such

 4  communities shall apply to the Office of Tourism, Trade, and

 5  Economic Development by August 15, 1996.  The office may

 6  designate one enterprise zone under this paragraph, which

 7  shall be effective January 1, 1997, and which shall be in

 8  addition to the eight zones authorized under paragraph (a).

 9  Any enterprise zone designated under this paragraph having an

10  effective date on or before January 1, 2005, continues to

11  exist until December 31, 2005, and ceases to exist on that

12  date. Any enterprise zone redesignated on or after January 1,

13  2006, must do so in accordance with the Florida Enterprise

14  Zone Act. Such enterprise zone shall terminate December 31,

15  2005. The governing body having jurisdiction over such area

16  shall create an enterprise zone development agency pursuant to

17  s. 290.0056 and submit a strategic plan pursuant to s.

18  290.0057.

19         Section 26.  Sections 290.00555, 290.0067, 290.00675,

20  290.00676, 290.00678, 290.00679, 290.0068, 290.00685,

21  290.00686, 290.00687, 290.00688, 290.00689, 290.0069,

22  290.00691, 290.00692, 290.00693, 290.00694, 290.00695,

23  290.00696, 290.00697, 290.00698, 290.00699, 290.00701,

24  290.00702, 290.00703, 290.00704, 290.00705, 290.00706,

25  290.00707, 290.00708, 290.00709, 290.009, and 290.015, Florida

26  Statutes, are repealed.

27         Section 27.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises the Florida Enterprise Zone Act. Changes various
      procedures and requirements for applying, qualifying, and
 4    obtaining designation as an enterprise zone. Requires
      that any zone designated or redesignated after January 1,
 5    2006, do so in compliance with the revised act. Repeals
      the designations of various enterprise zones. (See bill
 6    for details.)

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