Florida Senate - 2011                                     SB 816
       
       
       
       By Senator Flores
       
       
       
       
       38-00508B-11                                           2011816__
    1                        A bill to be entitled                      
    2         An act relating to enterprise program development
    3         zones; designating the act as the “Urban Job Creation
    4         Investment Act”; providing definitions; creating the
    5         Urban Investment Job Creation Authority; providing for
    6         the appointment of members to the authority;
    7         specifying the duties of the authority to include
    8         specifying enterprise program zone boundaries,
    9         reviewing applications from businesses to become
   10         eligible for certain tax benefits, reviewing proposed
   11         projects for eligibility to receive funding from a
   12         local enterprise program zone development corporation,
   13         and conducting studies and filing reports; requiring
   14         the Office of Tourism, Trade, and Economic Development
   15         to provide administrative support to the authority;
   16         providing for the creation of enterprise zone
   17         development corporations by counties and
   18         municipalities as nonprofit corporations; providing
   19         for the appointment of the board of directors of those
   20         corporations; specifying the duties of the
   21         corporations to include implementing an enterprise
   22         program zone development plan, administering an
   23         enterprise zone program assistance fund, prequalifying
   24         applications from businesses to become eligible to
   25         receive certain tax benefits, and preparing annual
   26         reports; specifying criteria for the designation of
   27         enterprise program zones by the Urban Investment Job
   28         Creation Authority upon the expiration of the
   29         enterprise zone program; specifying procedures for
   30         enterprise program zone development corporations and
   31         the authority to follow in certifying a business as a
   32         qualified business that is eligible to receive certain
   33         tax benefits; authorizing the authority to adopt
   34         rules; authorizing a qualified business to receive tax
   35         credits against sales and corporate income taxes and a
   36         subsidy for the cost of unemployment compensation
   37         insurance; authorizing the Department of Revenue to
   38         adopt rules relating to the tax credits; requiring
   39         enterprise program zone development corporations to
   40         create an enterprise program zone assistance fund
   41         using the proceeds of certain incremental sales tax
   42         revenues in excess of the sales and tax revenue
   43         generated within the zone during a specified fiscal
   44         year; requiring the payment of those tax revenues from
   45         the Department of Revenue, counties, and
   46         municipalities to enterprise program zone development
   47         corporations; authorizing those funds to be used upon
   48         approval by the authority for urban improvement
   49         projects; requiring the authority to account for the
   50         funds; requiring the Office of Program Policy Analysis
   51         and Government Accountability to evaluate the
   52         effectiveness of enterprise program zones and issue a
   53         report of its findings and recommendations before the
   54         expiration of the act; providing for future expiration
   55         of the act; providing an effective date.
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Short title.—This act may be cited as the “Urban
   60  Job Creation Investment Act.”
   61         Section 2. Definitions.—As used in sections 1 through 10 of
   62  this act, the term:
   63         (1) “Authority” means the Florida Urban Investment Job
   64  Creation Authority.
   65         (2) “Business” has the same meaning as provided in s.
   66  212.02, Florida Statutes.
   67         (3) “Enterprise program zone” means a zone designated by
   68  the authority within which a qualified business may receive
   69  certain corporate and sales tax benefits.
   70         (4) “Enterprise zone program assistance fund” means a fund
   71  to be administered by a zone development corporation consisting
   72  of additional sales tax revenue generated by qualified
   73  businesses in excess of the amount of sales and tax revenue
   74  generated in an enterprise program zone during the 2010-2011
   75  state fiscal year.
   76         (5) “Qualified business” means a business that is located
   77  within an enterprise program zone and certified by the authority
   78  as meeting the criteria to receive certain corporate and sales
   79  tax benefits.
   80         (6) “Zone development corporation” means a nonprofit
   81  corporation created by a county or municipality to recommend
   82  enterprise program zone boundaries, create and implement a
   83  preliminary enterprise program zone development plan, administer
   84  the enterprise zone program assistance fund, and review
   85  applications to prequalify businesses as a qualified business.
   86         (7) “Zone development plan” means a plan that is adopted by
   87  a zone development corporation, sets the goals for the
   88  enterprise program goals, and identifies the steps to achieve
   89  those goals.
   90         Section 3. Urban Investment Job Creation Authority;
   91  creation; membership and duties.—
   92         (1) The Urban Investment Job Creation Authority is created.
   93  The Urban Investment Job Creation Authority shall have 11
   94  members, as follows:
   95         (a) Five members of the public appointed by the Governor.
   96  Three of these members must reside or work in an enterprise
   97  program zone. No more than three of these five members may be
   98  members of the same political party.
   99         (b) One member appointed by the Governor who is an owner or
  100  officer of a business that is located within an enterprise
  101  program zone and satisfies the requirements to be certified as a
  102  qualified business.
  103         (c) One member appointed by the Chief Financial Officer,
  104  one member appointed by the President of the Senate, and one
  105  member appointed by the Speaker of the House of Representatives.
  106  Each of these members must have experience in the areas of local
  107  government finance, economic development, and redevelopment, or
  108  must have experience with volunteer civic service and community
  109  organizations.
  110         (d) The President of Enterprise Florida, Inc., or his or
  111  her designee.
  112         (e) The director of the Governor’s Office of Tourism,
  113  Trade, and Economic Development or his or her designee.
  114  
  115  Members of the authority who are appointed shall be appointed to
  116  4-year terms ending on June 30. However, in order to ensure
  117  staggered terms, of the initial appointments three members of
  118  the public and the member appointed by the Chief Financial
  119  Officer shall be appointed to 2-year terms. A vacancy shall be
  120  filled in the same manner as the original appointment. A member
  121  of the authority may not receive compensation for his or her
  122  services, but is entitled to reimbursement for per diem and
  123  travel expenses from the county or municipality creating the
  124  corporation, consistent with s. 112.061, Florida Statutes.
  125         (2) The authority shall:
  126         (a) Designate enterprise program zone boundaries after the
  127  repeal of ss. 290.001-290.016, Florida Statutes, on December 31,
  128  2015, based on the recommendations of zone development
  129  corporations and the criteria for the designation of an
  130  enterprise zone under ss. 290.001-290.016, Florida Statutes
  131  2010.
  132         (b) Review applications for certification as a qualified
  133  business which have been prequalified by a zone development
  134  corporation.
  135         (c) Review projects proposed by a zone development
  136  corporation to receive funding from an enterprise program zone
  137  assistance fund.
  138         (d) Certify annually to the Chief Financial Officer,
  139  amounts to be paid from enterprise program zone assistance funds
  140  for approved projects.
  141         (e) File an annual report with the Governor, the President
  142  of the Senate, and the Speaker of the House of Representatives
  143  by September 30th of its activities during the preceding state
  144  fiscal year. The report must include a complete financial
  145  statement setting forth its assets, liabilities, income, and
  146  operating expenses as of the end of the previous state fiscal
  147  year.
  148         (f) File a report of its findings and recommendations from
  149  fiscal impact study of enterprise program zones with the
  150  Governor, the President of the Senate, the Speaker of the House
  151  of Representatives, and the Chief Financial Officer by November
  152  30, 2013, and annually thereafter. The initial financial impact
  153  study must address enterprise program zones that have been in
  154  existence for at least 1 year as of June 30, 2012. Subsequent
  155  studies must address all enterprise program zones. The reports
  156  must include, but need not be limited to, an analysis of the
  157  effects of the enterprise program zones on the economies of the
  158  county and municipalities in which they are located, and any
  159  recommendations for legislation to improve the effectiveness of
  160  the zones. Each enterprise program zone development corporation
  161  shall pay the authority for the pro rata cost of the studies
  162  from their enterprise program zone assistance funds.
  163         (3) The Office of Tourism, Trade, and Economic Development
  164  shall provide administrative support to the authority.
  165         Section 4. Zone development corporations; creation;
  166  membership and duties.—
  167         (1) Each county or municipality having an enterprise zone
  168  created pursuant to ss. 290.001-290.016, Florida Statutes,
  169  before July 1, 2011, shall create a zone development corporation
  170  as a nonprofit corporation. The board of directors shall be
  171  composed of the following members:
  172         (a) A member appointed by the Governor who is an owner or
  173  officer of a business that is located within an enterprise
  174  program zone and satisfies the requirements to be certified as a
  175  qualified business.
  176         (b) A member appointed by the President of the Senate who
  177  is a business or community leader who works or resides in the
  178  enterprise program zone.
  179         (c) A member appointed by the Speaker of the House of
  180  Representatives who is a business or community leader who works
  181  or resides in the enterprise program zone.
  182         (d) A member who resides within the county containing the
  183  enterprise program zone and appointed by the chair of the
  184  governing body of the county, if the zone is not exclusively
  185  within the boundaries of a municipality, or a member who resides
  186  within the municipality containing the enterprise program zone
  187  and appointed by the mayor of the municipality, if the zone is
  188  exclusively within the boundaries of a municipality.
  189         (e)A member who resides within the county containing the
  190  enterprise program zone and appointed by the governing body of
  191  the county, if the zone is not exclusively within the boundaries
  192  of a municipality, or a member who resides within the
  193  municipality containing the enterprise program zone and
  194  appointed by the governing body of the municipality, if the zone
  195  is exclusively within the boundaries of a municipality.
  196         (f) A member who resides in a municipality containing an
  197  enterprise program zone and appointed by the governing body of
  198  the municipality, if the zone includes any part of a
  199  municipality.
  200         (2) Members of the authority appointed by the President of
  201  the Senate and the Speaker of the House of Representatives shall
  202  be appointed to 2-year terms ending on June 30. All other
  203  members shall be appointed to 4-year terms. A vacancy shall be
  204  filled in the same manner as the original appointment. A member
  205  shall file a certificate of the appointment or reappointment
  206  with the county or municipal clerk. A member of the board of
  207  directors of a zone development corporation may not receive
  208  compensation for his or her services, but is entitled to
  209  reimbursement for per diem and travel expenses from the county
  210  or municipality creating the corporation, consistent with s.
  211  112.061, Florida Statutes.
  212         (3) The members of a zone development corporation shall
  213  designate a chair and vice chair. Subject to funding by the
  214  county or municipality, each zone development corporation may
  215  employ or designate an executive director, technical experts,
  216  and such other agents and employees, permanent and temporary, as
  217  the zone development corporation requires, and determine their
  218  qualifications, duties, and compensation. For such legal
  219  services as the zone development corporation requires, each zone
  220  development corporation may employ private counsel or use county
  221  or municipal attorneys at the discretion of the county or
  222  municipality.
  223         (4) A zone development corporation shall:
  224         (a) Recommend enterprise program boundaries to the
  225  authority after the repeal of the enterprise zone program under
  226  ss. 290.001-290.016, Florida Statutes, on December 31, 2015.
  227  However, the enterprise zone boundaries created pursuant to ss.
  228  290.001-290.016, Florida Statutes, which are in existence on
  229  June 30, 2011, shall be the initial enterprise zone program
  230  boundaries.
  231         (b) Create and implement an enterprise program zone
  232  development plan. The plan must set the goals for the enterprise
  233  program goals and identify the steps to achieve those goals. The
  234  plan must provide guidance to business and community
  235  organizations.
  236         (c) Administer an enterprise program zone assistance fund.
  237         (d) Review applications from businesses for
  238  prequalification for certification as a qualified business.
  239         (5) An enterprise zone development corporation shall meet
  240  at least quarterly to review applications from businesses for
  241  prequalification as a qualified business. The application of a
  242  business that is prequalified must be forwarded to the authority
  243  for further review within 10 days.
  244         (6) An enterprise program zone development corporation
  245  shall hold an open public forum at least quarterly, in which
  246  urban development projects to be funded from the enterprise
  247  program zone assistance fund may be proposed and discussed.
  248         (7) An enterprise program zone development corporation
  249  shall file a report of its activities during the preceding state
  250  fiscal year with the county or municipal clerk, the authority,
  251  the Governor, the President of the Senate, and the Speaker of
  252  the House of Representatives on or before September 30 of each
  253  year. The report must include a complete financial statement
  254  setting forth the corporation’s assets, liabilities, income, and
  255  operating expenses as of the end of such fiscal year. At the
  256  time of filing the report, each zone development corporation
  257  shall publish in a newspaper of general circulation in the area
  258  affected, notice that such report has been filed and is
  259  available for inspection during business hours in the offices of
  260  the zone development corporation.
  261         Section 5. Enterprise program zone; criteria; procedures.
  262  By June 30, 2015, each enterprise program zone development
  263  corporation shall create an economic report that relies on the
  264  most current census data and other economic indicators to
  265  identify the most economically blighted areas located within the
  266  federal empowerment zones within the boundaries of its
  267  enterprise program zone. Each zone development corporation shall
  268  recommend enterprise program zone boundaries using the economic
  269  report and the criteria for enterprise zones under ss. 290.001
  270  290.016, Florida Statutes 2010. The area of the enterprise
  271  program zones within a county or municipality may not exceed 25
  272  percent of the area of the federal empowerment zones in the
  273  respective county or municipality which were in existence on
  274  June 30, 2011. By September 30, 2015, each zone development
  275  corporation shall submit its recommended enterprise program zone
  276  boundaries along with the economic report to the authority. The
  277  authority shall designate enterprise program zone boundaries
  278  that shall become effective January 1, 2016.
  279         Section 6. Certification as a qualified business; criteria
  280  and procedures.—
  281         (1) A business seeking to become certified as a qualified
  282  business must apply on forms created by the authority to its
  283  local enterprise program zone development corporation for
  284  prequalification. If prequalified, the application shall be
  285  forwarded to the authority for further review.
  286         (2)(a) To become certified as a qualified business, the
  287  business’ application for certification must, at a minimum,
  288  contain documentation showing that the business satisfies the
  289  following criteria:
  290         1. Is located and actively conducts business within an
  291  enterprise program zone.
  292         2 Has employees at least 20 percent of whom:
  293         a. Are residents of the enterprise program zone, an
  294  empowerment zone, or an enterprise zone;
  295         b. Were employed by the business on or after July 1, 2011,
  296  and were unemployed for at least 6 months immediately preceding
  297  employment with the business at its location within the
  298  enterprise program zone;
  299         c. Were employed by the business on or after July 1, 2011,
  300  and were recipients of public assistance for at least 6 months
  301  immediately preceding employment; or
  302         d. Were employed by the business on or after July 1, 2011,
  303  and were determined to be economically disadvantaged in the
  304  period immediately preceding employment with the business under
  305  the Jobs Training Partnership Act, 29 U.S.C. 1501 et seq.
  306         (b) An application for certification must also identify or
  307  include information relating to:
  308         1.Real and tangible personal property owned or leased by
  309  the business before and after July 1, 2011, if any;
  310         2.Net new or additional real and tangible personal
  311  property acquired on or after July 1, 2011, to facilitate a new,
  312  expanded, or rebuilt facility; and
  313         3. Comprehensive urban planning, neighborhood aesthetics
  314  and compatibility, and maximization of economic development and
  315  job-creation opportunities, as specified by the authority.
  316         (3) The authority shall transmit a copy of its order
  317  approving or denying an application for certification or
  318  revoking a certification to the business.
  319         (4) The authority must transmit a copy of its order
  320  certifying a business as a qualified business or revoking
  321  certification to the executive director of the Department of
  322  Revenue within 10 days after it enters its order.
  323         (5) The authority shall require a qualified business to
  324  annually establish that it satisfies the criteria in subsection
  325  (2) in order to remain certified as a qualified business.
  326         (6) The authority shall adopt rules to administer this
  327  section.
  328         Section 7. Tax benefits for qualified businesses.—
  329         (1)(a) A qualified business is entitled to:
  330         1. A 50 percent tax credit against the sales or use tax
  331  imposed on its purchases pursuant to chapter 212, Florida
  332  Statutes, except for purchases of motor vehicles or adult
  333  entertainment products or services;
  334         2. A one-time credit against the business’ corporate income
  335  tax liability of $1,500 for each new full-time employee who is
  336  hired on or after July 1, 2011, who is a resident of an
  337  enterprise program zone, and who was unemployed for at least 90
  338  days immediately preceding employment with the business or was
  339  receiving public assistance;
  340         3. A subsidy, as determined and provided by the enterprise
  341  zone development corporation, for unemployment compensation
  342  insurance costs for employees who earn less than $4,500 per
  343  quarter; and
  344         4. An 8 percent credit against the corporate income tax.
  345         (b) A qualified business is entitled to accrue, receive,
  346  and claim the tax benefits under paragraph (a) until June 30,
  347  2016.
  348         (2) A qualified business becomes ineligible to accrue the
  349  tax benefits under this section in the month that it no longer
  350  satisfies the criteria in subsection (2) of section 6 of this
  351  act.
  352         (3) The Department of Revenue shall adopt rules to
  353  administer this section.
  354         Section 8. Enterprise program zone assistance funds.—
  355         (1) Each enterprise program zone development corporation
  356  shall create an enterprise program zone assistance fund. The
  357  fund shall be funded using the incremental sales tax collected
  358  within each enterprise program zone to the extent that those
  359  revenues exceed the amount of sales and tax revenue generated in
  360  an enterprise program zone during the 2011-2012 state fiscal
  361  year. The Department of Revenue, counties, and municipalities
  362  shall pay the tax revenues to the respective enterprise program
  363  zone development corporations by the end of the month following
  364  the month in which incremental revenues were collected by the
  365  Department of Revenue or received by the county or municipality.
  366  Those payments shall be reported by the Department of Revenue
  367  and each county and municipality to the authority within 10 days
  368  after those payments have been made.
  369         (2) Funds from an enterprise program zone assistance fund
  370  may be used for urban improvement projects or other development
  371  programs within an enterprise program zone. The authority must
  372  approve each project before it may be funded from an assistance
  373  fund.
  374         (3) Each enterprise program zone development corporation
  375  must annually account for the collection and allocation or
  376  expenditure of funds from an assistance fund and provide a
  377  report of its accounting to the authority. The authority must
  378  certify annually to the Chief Financial Officer the amount of
  379  approved expenditures on urban improvement projects from each
  380  assistance fund.
  381         Section 9. Review of enterprise program zones.—Before the
  382  2021 Regular Session of the Legislature, the Office of Program
  383  Policy Analysis and Government Accountability shall review and
  384  evaluate the effectiveness of each enterprise program zone using
  385  the annual reports prepared by the authority and each enterprise
  386  program zone development corporation. The office shall evaluate
  387  whether the enterprise program zone benefits caused new
  388  investment and development; increased the number of jobs created
  389  or retained; caused the renovation, rehabilitation, restoration,
  390  improvement, or new construction of businesses or housing; or
  391  contributed to the economic viability and profitability of
  392  business and commerce. The office shall submit a report of its
  393  findings and recommendations to the President of the Senate and
  394  the Speaker of the House of Representatives by January 15, 2021.
  395         Section 10. This act expires June 30, 2021.
  396         Section 11. This act shall take effect July 1, 2011.