1 | A bill to be entitled |
2 | An act relating to super enterprise zones; amending s. |
3 | 212.02, F.S.; providing a definition; providing for future |
4 | repeal; amending s. 212.08, F.S.; exempting certain |
5 | property purchased for use or consumption by businesses in |
6 | a super enterprise zone and retail sales by certified |
7 | businesses in a super enterprise zone; providing an |
8 | exception; specifying time periods for application of the |
9 | exemptions for certain businesses; providing for future |
10 | repeal; amending s. 290.0056, F.S.; providing additional |
11 | responsibilities of an enterprise zone development agency |
12 | relating to super enterprise zones; requiring an economic |
13 | impact report; providing for future repeal; amending s. |
14 | 290.0057, F.S.; applying requirements for an enterprise |
15 | zone development plan to super enterprise zones; providing |
16 | for future deletion of application; creating s. 290.00681, |
17 | F.S.; authorizing the Office of Tourism, Trade, and |
18 | Economic Development to designate certain areas as super |
19 | enterprise zones for a certain time period; providing |
20 | qualification and eligibility criteria; providing |
21 | application requirements; providing for future repeal and |
22 | revocation of designations; creating s. 290.00682, F.S.; |
23 | providing requirements for qualification as a certified |
24 | business for sales tax exemption purposes; authorizing a |
25 | local enterprise zone development agency to certify |
26 | businesses; requiring the agency to provide lists of |
27 | certified businesses; providing for disqualifying |
28 | certified businesses under certain circumstances; |
29 | providing for future repeal and revocation of |
30 | certifications; amending s. 290.007, F.S.; specifying |
31 | incentives for revitalization of super enterprise zones; |
32 | providing for future deletion of such incentives; |
33 | requiring interim and final reviews of super enterprise |
34 | zones by the Office of Program Policy Analysis and |
35 | Government Accountability; providing review of criteria; |
36 | requiring reports to the Legislature; providing effective |
37 | dates. |
38 |
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39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
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41 | Section 1. Subsection (34) is added to section 212.02, |
42 | Florida Statutes, to read: |
43 | 212.02 Definitions.--The following terms and phrases when |
44 | used in this chapter have the meanings ascribed to them in this |
45 | section, except where the context clearly indicates a different |
46 | meaning: |
47 | (34) "Certified business" means a business located in a |
48 | super enterprise zone that is certified under s. 290.00682. This |
49 | subsection is repealed June, 30, 2020. |
50 | Section 2. Subsection (19) is added to section 212.08, |
51 | Florida Statutes, to read: |
52 | 212.08 Sales, rental, use, consumption, distribution, and |
53 | storage tax; specified exemptions.--The sale at retail, the |
54 | rental, the use, the consumption, the distribution, and the |
55 | storage to be used or consumed in this state of the following |
56 | are hereby specifically exempt from the tax imposed by this |
57 | chapter. |
58 | (19) EXEMPTIONS; SUPER ENTERPRISE ZONES.-- |
59 | (a) The tax imposed by this chapter under ss. 212.05 and |
60 | 212.055 does not apply to: |
61 | 1. Tangible personal property purchased by certified |
62 | businesses for the exclusive use or consumption of such |
63 | businesses within a super enterprise zone; or |
64 | 2. Retail sales made by a certified business from a place |
65 | of business owned or leased and regularly operated by the |
66 | business for the purpose of making retail sales and located in a |
67 | designated super enterprise zone. The exemption provided by this |
68 | subparagraph does not apply to the retail sale of any item with |
69 | a price greater than $1,000. To qualify for the exemption under |
70 | this subparagraph, the sale must be made at the location of the |
71 | business; however, the item may be shipped to any location. |
72 | (b) Notwithstanding paragraph (a), a new business |
73 | established in a super enterprise zone and certified on or after |
74 | July 1, 2008, pursuant to s. 290.00682 is eligible for the |
75 | exemptions provided under this subsection for a period not to |
76 | exceed 10 years immediately following such certification. For an |
77 | existing business located in a super enterprise zone and |
78 | certified on or after July 1, 2008, the exemptions provided |
79 | under this subsection shall be available for a period not to |
80 | exceed 5 years, beginning in the year in which the business |
81 | receives its initial certification and continuing for up to 5 |
82 | years immediately following such certification. |
83 | (c) This subsection is repealed June 30, 2020. |
84 | Section 3. Paragraph (i) is added to subsection (8) of |
85 | section 290.0056, Florida Statutes, paragraph (f) of subsection |
86 | (11) of that section is redesignated as paragraph (g), and a new |
87 | paragraph (f) is added to that subsection, to read: |
88 | 290.0056 Enterprise zone development agency.-- |
89 | (8) The enterprise zone development agency shall have the |
90 | following powers and responsibilities: |
91 | (i)1. To recommend and submit an application to the office |
92 | for the designation of a super enterprise zone. |
93 | 2. To coordinate with the local governmental entity for |
94 | the exemptions from the sales and use tax provided under s. |
95 | 212.08(19). |
96 |
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97 | This paragraph is repealed June 30, 2020. |
98 | (11) Prior to December 1 of each year, the agency shall |
99 | submit to the Office of Tourism, Trade, and Economic Development |
100 | a complete and detailed written report setting forth: |
101 | (f) The economic impact of a super enterprise zone, if |
102 | applicable, including: |
103 | 1. A list of certified businesses and whether the business |
104 | is new or where the business relocated from. |
105 | 2. The number of jobs created. |
106 | 3. The percentage of employees employed by certified |
107 | businesses who reside in the super enterprise zone or in an |
108 | enterprise zone within the same county. |
109 | 4. The extent of capital investment by certified |
110 | businesses within the zone. |
111 | 5. The success of the super enterprise zone as measured by |
112 | the strategic plan and methods identified in s. 290.0057(1)(i). |
113 |
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114 | This paragraph is repealed June 30, 2020. |
115 | Section 4. Subsection (1) of section 290.0057, Florida |
116 | Statutes, is amended to read: |
117 | 290.0057 Enterprise zone development plan.-- |
118 | (1) Any application for designation as a new enterprise |
119 | zone or super enterprise zone must be accompanied by a strategic |
120 | plan adopted by the governing body of the municipality or |
121 | county, or the governing bodies of the county and one or more |
122 | municipalities together. At a minimum, the plan must: |
123 | (a) Briefly describe the community's goals for |
124 | revitalizing the area. |
125 | (b) Describe the ways in which the community's approaches |
126 | to economic development, social and human services, |
127 | transportation, housing, community development, public safety, |
128 | and educational and environmental concerns will be addressed in |
129 | a coordinated fashion, and explain how these linkages support |
130 | the community's goals. |
131 | (c) Identify and describe key community goals and the |
132 | barriers that restrict the community from achieving these goals, |
133 | including a description of poverty and general distress, |
134 | barriers to economic opportunity and development, and barriers |
135 | to human development. |
136 | (d) Describe the process by which the affected community |
137 | is a full partner in the process of developing and implementing |
138 | the plan and the extent to which local institutions and |
139 | organizations have contributed to the planning process. |
140 | (e) Commit the governing body or bodies to enact and |
141 | maintain local fiscal and regulatory incentives, if approval for |
142 | the area is received under s. 290.0065. These incentives may |
143 | include the municipal public service tax exemption provided by |
144 | s. 166.231, the economic development ad valorem tax exemption |
145 | provided by s. 196.1995, the occupational license tax exemption |
146 | provided by s. 205.054, local impact fee abatement or reduction, |
147 | or low-interest or interest-free loans or grants to businesses |
148 | to encourage the revitalization of the nominated area. |
149 | (f) Identify the amount of local and private resources |
150 | that will be available in the nominated area and the |
151 | private/public partnerships to be used, which may include |
152 | participation by, and cooperation with, universities, community |
153 | colleges, small business development centers, black business |
154 | investment corporations, certified development corporations, and |
155 | other private and public entities. |
156 | (g) Indicate how state enterprise zone tax incentives and |
157 | state, local, and federal resources will be utilized within the |
158 | nominated area. |
159 | (h) Identify the funding requested under any state or |
160 | federal program in support of the proposed economic, human, |
161 | community, and physical development and related activities. |
162 | (i) Identify baselines, methods, and benchmarks for |
163 | measuring the success of carrying out the strategic plan. |
164 | Section 5. Effective July 1, 2020, subsection (1) of |
165 | section 290.0057, Florida Statutes, as amended by this act, is |
166 | amended to read: |
167 | 290.0057 Enterprise zone development plan.-- |
168 | (1) Any application for designation as a new enterprise |
169 | zone or super enterprise zone must be accompanied by a strategic |
170 | plan adopted by the governing body of the municipality or |
171 | county, or the governing bodies of the county and one or more |
172 | municipalities together. At a minimum, the plan must: |
173 | (a) Briefly describe the community's goals for |
174 | revitalizing the area. |
175 | (b) Describe the ways in which the community's approaches |
176 | to economic development, social and human services, |
177 | transportation, housing, community development, public safety, |
178 | and educational and environmental concerns will be addressed in |
179 | a coordinated fashion, and explain how these linkages support |
180 | the community's goals. |
181 | (c) Identify and describe key community goals and the |
182 | barriers that restrict the community from achieving these goals, |
183 | including a description of poverty and general distress, |
184 | barriers to economic opportunity and development, and barriers |
185 | to human development. |
186 | (d) Describe the process by which the affected community |
187 | is a full partner in the process of developing and implementing |
188 | the plan and the extent to which local institutions and |
189 | organizations have contributed to the planning process. |
190 | (e) Commit the governing body or bodies to enact and |
191 | maintain local fiscal and regulatory incentives, if approval for |
192 | the area is received under s. 290.0065. These incentives may |
193 | include the municipal public service tax exemption provided by |
194 | s. 166.231, the economic development ad valorem tax exemption |
195 | provided by s. 196.1995, the occupational license tax exemption |
196 | provided by s. 205.054, local impact fee abatement or reduction, |
197 | or low-interest or interest-free loans or grants to businesses |
198 | to encourage the revitalization of the nominated area. |
199 | (f) Identify the amount of local and private resources |
200 | that will be available in the nominated area and the |
201 | private/public partnerships to be used, which may include |
202 | participation by, and cooperation with, universities, community |
203 | colleges, small business development centers, black business |
204 | investment corporations, certified development corporations, and |
205 | other private and public entities. |
206 | (g) Indicate how state enterprise zone tax incentives and |
207 | state, local, and federal resources will be utilized within the |
208 | nominated area. |
209 | (h) Identify the funding requested under any state or |
210 | federal program in support of the proposed economic, human, |
211 | community, and physical development and related activities. |
212 | (i) Identify baselines, methods, and benchmarks for |
213 | measuring the success of carrying out the strategic plan. |
214 | Section 6. Sections 290.00681 and 290.00682, Florida |
215 | Statutes, are created to read: |
216 | 290.00681 Super enterprise zones; designation; |
217 | eligibility.-- |
218 | (1) The office may designate up to five areas in the state |
219 | as super enterprise zones for a 10-year period. To qualify as a |
220 | super enterprise zone an area shall: |
221 | (a) Be located in an enterprise zone and be no larger than |
222 | 3 contiguous square miles. |
223 | (b) Have an average unemployment rate four times greater |
224 | than the state average. |
225 | (c) Have a minimum of 40 percent of residents living below |
226 | poverty level. |
227 | (d) Have general distress of business and residential |
228 | property such that the local governing body by resolution has |
229 | determined that the buildings are substandard, unsafe, |
230 | unsanitary, dilapidated, or obsolete, or any combination of such |
231 | conditions, and are detrimental to the safety, health, and |
232 | welfare of the community. |
233 | (e) Demonstrate evidence of significant job loss or |
234 | dislocation in the area. |
235 | (2) When determining eligibility for a super enterprise |
236 | zone, the office shall consider the following criteria: |
237 | (a) Priority to applications that include new business |
238 | activity. |
239 | (b) Evidence of adverse economic and socioeconomic |
240 | conditions in that area. |
241 | (c) The viability of the development plan. |
242 | (d) Whether the development plan is creative and |
243 | innovative. |
244 | (e) Public and private commitment to and other resources |
245 | available for the proposed super enterprise zone. |
246 | (f) How a super enterprise tax-free zone would relate to a |
247 | broader plan for the community as a whole. |
248 | (g) The level of demonstrated cooperation from surrounding |
249 | communities. |
250 | (h) How the local regulatory burden will be eased for |
251 | businesses operating in the proposed super enterprise zone. |
252 | (i) Public and private commitment to improving abandoned |
253 | real property. |
254 | (j) Whether sufficient infrastructure is available to |
255 | support development. |
256 | (3) Any application for designation as a super enterprise |
257 | zone must: |
258 | (a) Briefly describe the community's goals for |
259 | revitalizing the area and include a development plan. |
260 | (b) Describe the ways in which the community's approach to |
261 | economic development, social and human services, transportation, |
262 | housing, community development, public safety, and educational |
263 | and environmental concerns will be addressed in a coordinated |
264 | fashion and explain how these linkages support the community's |
265 | goals. |
266 | (c) Identify and describe key community goals and the |
267 | barriers that restrict the community from achieving these goals. |
268 | (d) Identify the amount of local and private support and |
269 | resources that will be available. |
270 | (e) Identify baselines, methods, and benchmarks for |
271 | measuring success. |
272 | (f) Include written approval from any associated county |
273 | office and mayor's office. |
274 | (4) This section is repealed June 30, 2020, and any |
275 | designation made pursuant to this section shall be revoked on |
276 | that date. |
277 | 290.00682 Super enterprise zones; business |
278 | certification.-- |
279 | (1) A certified business is eligible for the tax |
280 | exemptions provided in s. 212.08(19). To qualify as a certified |
281 | business, receive an exemption certificate, and continue to |
282 | receive the tax exemptions provided in s. 212.08(19), a business |
283 | must: |
284 | (a) File an application for certification with the local |
285 | enterprise zone development agency. The application shall be |
286 | filed no later than September 1 preceding the calendar year for |
287 | which the business is seeking an exemption. |
288 | (b) Operate and be primarily located within a designated |
289 | super enterprise zone. |
290 | (c) Create new employment within the super enterprise zone |
291 | while not causing unemployment elsewhere in the state. |
292 | (d) Have no outstanding federal or state tax obligations. |
293 | (e) Demonstrate that no less than 20 percent of its |
294 | employees are residents of the designated super enterprise zone |
295 | or an enterprise zone located within the same county. The |
296 | employment requirement may be waived by the local enterprise |
297 | zone development agency for good cause. |
298 | (2) A local enterprise zone development agency may certify |
299 | a business as eligible for the exemptions under s. 212.08(19) |
300 | annually if the business meets the requirements in subsection |
301 | (1). Each local enterprise zone development agency shall |
302 | annually provide the local governmental entity, the office, and |
303 | the Department of Revenue with a list of new and existing |
304 | certified businesses. The Department of Revenue shall annually |
305 | issue a tax exemption certificate to each business holding an |
306 | exemption certificate issued by the local enterprise zone |
307 | development agency. The certificate shall be good for one |
308 | calendar year. |
309 | (3) A local enterprise zone development agency or the |
310 | Department of Revenue may disqualify a certified business at any |
311 | time if the business fails to meet the requirements of |
312 | subsection (1). A business that makes a fraudulent claim under |
313 | this section shall be liable for the payment of the tax due, |
314 | together with the penalties set forth in s. 212.085, and as |
315 | otherwise provided by law. |
316 | (4) This section is repealed June 30, 2020, and any |
317 | certification made pursuant to this section shall be revoked on |
318 | that date. |
319 | Section 7. Section 290.007, Florida Statutes, is amended |
320 | to read: |
321 | 290.007 State incentives available in enterprise zones and |
322 | super enterprise zones.-- |
323 | (1) The following incentives are provided by the state to |
324 | encourage the revitalization of enterprise zones: |
325 | (a)(1) The enterprise zone jobs credit provided in s. |
326 | 220.181. |
327 | (b)(2) The enterprise zone property tax credit provided in |
328 | s. 220.182. |
329 | (c)(3) The community contribution tax credits provided in |
330 | ss. 212.08, 220.183, and 624.5105. |
331 | (d)(4) The sales tax exemption for building materials used |
332 | in the rehabilitation of real property in enterprise zones |
333 | provided in s. 212.08(5)(g). |
334 | (e)(5) The sales tax exemption for business equipment used |
335 | in an enterprise zone provided in s. 212.08(5)(h). |
336 | (f)(6) The sales tax exemption for electrical energy used |
337 | in an enterprise zone provided in s. 212.08(15). |
338 | (g)(7) The enterprise zone jobs credit against the sales |
339 | tax provided in s. 212.096. |
340 | (h)(8) Notwithstanding any law to the contrary, the Public |
341 | Service Commission may allow public utilities and |
342 | telecommunications companies to grant discounts of up to 50 |
343 | percent on tariffed rates for services to small businesses |
344 | located in an enterprise zone designated pursuant to s. |
345 | 290.0065. Such discounts may be granted for a period not to |
346 | exceed 5 years. For purposes of this paragraph subsection, the |
347 | term "public utility" has the same meaning as in s. 366.02(1) |
348 | and the term "telecommunications company" has the same meaning |
349 | as in s. 364.02(14). |
350 | (2) The following incentives are provided by the state to |
351 | encourage the revitalization of super enterprise zones: |
352 | (a) The sales tax exemption for certified businesses |
353 | provided in s. 212.08(19)(a)1. |
354 | (b) The sales tax exemption for retail sales by certified |
355 | businesses provided in s. 212.08(19)(a)2. |
356 | Section 8. Effective July 1, 2020, section 290.007, |
357 | Florida Statutes, as amended by this act, is amended to read: |
358 | 290.007 State incentives available in enterprise zones and |
359 | super enterprise zones.-- |
360 | (1) The following incentives are provided by the state to |
361 | encourage the revitalization of enterprise zones: |
362 | (1)(a) The enterprise zone jobs credit provided in s. |
363 | 220.181. |
364 | (2)(b) The enterprise zone property tax credit provided in |
365 | s. 220.182. |
366 | (3)(c) The community contribution tax credits provided in |
367 | ss. 212.08, 220.183, and 624.5105. |
368 | (4)(d) The sales tax exemption for building materials used |
369 | in the rehabilitation of real property in enterprise zones |
370 | provided in s. 212.08(5)(g). |
371 | (5)(e) The sales tax exemption for business equipment used |
372 | in an enterprise zone provided in s. 212.08(5)(h). |
373 | (6)(f) The sales tax exemption for electrical energy used |
374 | in an enterprise zone provided in s. 212.08(15). |
375 | (7)(g) The enterprise zone jobs credit against the sales |
376 | tax provided in s. 212.096. |
377 | (8)(h) Notwithstanding any law to the contrary, the Public |
378 | Service Commission may allow public utilities and |
379 | telecommunications companies to grant discounts of up to 50 |
380 | percent on tariffed rates for services to small businesses |
381 | located in an enterprise zone designated pursuant to s. |
382 | 290.0065. Such discounts may be granted for a period not to |
383 | exceed 5 years. For purposes of this subsection paragraph, the |
384 | term "public utility" has the same meaning as in s. 366.02(1) |
385 | and the term "telecommunications company" has the same meaning |
386 | as in s. 364.02(14). |
387 | (2) The following incentives are provided by the state to |
388 | encourage the revitalization of super enterprise zones: |
389 | (a) The sales tax exemption for certified businesses |
390 | provided in s. 212.08(19)(a)1. |
391 | (b) The partial sales tax exemption for retail sales by |
392 | certified businesses provided in s. 212.08(19)(a)2. |
393 | Section 9. Prior to the 2014 Regular Session of the |
394 | Legislature, the Office of Program Policy Analysis and |
395 | Government Accountability shall conduct an interim review and |
396 | evaluation of the effectiveness and viability of the super |
397 | enterprise zones created under s. 290.00681, Florida Statutes. |
398 | The office shall specifically evaluate whether relief from the |
399 | specified taxes caused or induced new investment and development |
400 | in the super enterprise zone; increased the number of jobs |
401 | created or retained in the super enterprise zone; caused or |
402 | induced the renovation, rehabilitation, restoration, |
403 | improvement, or new construction of businesses or housing within |
404 | the super enterprise zone; or contributed to the economic |
405 | viability and profitability of business and commerce located |
406 | within the super enterprise zone. The office shall submit a |
407 | report of its findings and recommendations to the Speaker of the |
408 | House of Representatives and the President of the Senate no |
409 | later than December 1, 2013. In 2019, the office shall conduct a |
410 | final review in accordance with this section and shall make a |
411 | final report to the President of the Senate and Speaker of the |
412 | House of Representatives no later than December 1, 2019. |
413 | Section 10. Except as otherwise expressly provided in this |
414 | act, this act shall take effect July 1, 2007. |