HB 767

1
A bill to be entitled
2An act relating to enterprise zones; creating s.
3290.201, F.S.; providing a short title; creating s.
4290.203, F.S.; providing definitions for the Urban Job
5Creation Investment Act; creating s. 290.205, F.S.;
6creating the Florida Urban Investment Job Creation
7Authority; providing for the authority's membership
8and duties; requiring the authority to submit annual
9reports and a fiscal impact study of each enterprise
10program zone to specified officers and agencies;
11creating s. 290.207, F.S.; creating a zone development
12corporation for each enterprise program zone;
13providing for the corporations' membership, officers,
14and duties; requiring that certificates of appointment
15be filed with the respective county or municipal
16clerk; authorizing reimbursement of travel expenses
17for board members; providing for employees and legal
18services of zone development corporations; requiring
19zone development corporations to submit annual reports
20to specified officers and agencies; creating s.
21290.209, F.S.; providing for the designation of
22enterprise program zones; authorizing the authority to
23periodically amend the boundary of an enterprise
24program zone; requiring the authority to consider
25certain factors when designating or amending zone
26boundaries; creating s. 290.211, F.S.; specifying the
27qualifications for businesses to receive state
28enterprise program zone incentives; creating s.
29290.213, F.S.; establishing enterprise program zone
30assistance funds; authorizing certain state incentives
31for the projects of qualified businesses; providing
32for project applications and the approval of projects;
33authorizing zone development corporations to use loan
34repayments and collected interest for specified
35purposes; providing that unexpended appropriations are
36to be retained in the Economic Development Trust Fund
37at the end of the fiscal year; authorizing
38administrative fees for zone development corporations;
39creating s. 290.215, F.S.; authorizing certain tax
40credits, exemptions from unemployment contributions,
41and other state incentives for qualified businesses;
42limiting the amount of available incentives in any
43fiscal year; providing for the carryforward of unused
44incentives; providing for the allocation of certain
45appropriations among zone development corporations;
46creating s. 290.217, F.S.; requiring the Office of
47Program Policy Analysis and Government Accountability
48to submit a report evaluating the Urban Job Creation
49and Investment Act to the Governor and Legislature;
50creating s. 290.219, F.S.; providing for expiration of
51the Urban Job Creation Investment Act; abolishing
52designated enterprise program zones; creating ss.
53212.0965 and 220.1815, F.S.; authorizing certain tax
54credits against the sales tax and corporate income tax
55for qualified businesses located in enterprise program
56zones; providing for application and certification of
57tax credits; providing for carryforward of unused
58corporate income tax credits; providing for expiration
59of tax credits; amending s. 220.02, F.S.; revising
60legislative intent for the order of applying corporate
61income tax credits; amending s. 443.1217, F.S.;
62exempting wages paid by qualified businesses to
63certain employees from unemployment contributions;
64amending s. 290.016, F.S.; revising the effective date
65of the repeal of the Florida Enterprise Zone Act;
66reenacting ss. 166.231(8)(c), 193.077(4),
67193.085(5)(b), 195.073(4)(b), 195.099(1)(b),
68196.012(19), 205.022(4), 205.054(6), 212.02(6),
69212.08(5)(g), 212.096(12), 220.02(6)(c) and (7)(c),
70220.03(1), 220.13(1)(a), 220.181(9), and 220.182(14),
71F.S., relating to an exemption from the public service
72tax, certain duties of property appraisers and the
73Department of Revenue with respect to property
74acquired for a new business or a business expansion or
75restoration, definition of the term "enterprise zone"
76for purposes of property tax exemptions for
77homesteads, local business taxes, and the sales and
78use tax, exemptions from local business taxes and the
79sales and use tax, and legislative intent,
80definitions, and tax credits for the corporate income
81tax, to incorporate the amendment to s. 290.016, F.S.,
82in references thereto; providing an effective date.
83
84Be It Enacted by the Legislature of the State of Florida:
85
86     Section 1.  Section 290.201, Florida Statutes, is created
87to read:
88     290.201  Short title.-Sections 290.201-290.219 may be cited
89as the "Urban Job Creation Investment Act."
90     Section 2.  Section 290.203, Florida Statutes, is created
91to read:
92     290.203  Definitions.-As used in ss. 290.201-290.219, the
93term:
94     (1)  "Authority" means the Florida Urban Investment Job
95Creation Authority created under s. 290.205.
96     (2)  "Authorized local economic development agency" means a
97public or private entity, including an economic development
98agency as defined in s. 288.075, authorized by a county or
99municipality to promote the general business or industrial
100interests of the county or municipality.
101     (3)  "Business" has the same meaning as provided in s.
102212.02.
103     (4)  "Emergency" means occurrence of widespread or severe
104damage, injury, or loss of life or property proclaimed under s.
10514.022 or declared under s. 252.36.
106     (5)  "Enterprise program zone" means an urban
107revitalization zone designated under s. 290.209 which is located
108in a legacy enterprise zone or federally designated empowerment
109zone.
110     (6)  "Enterprise program zone assistance fund" means a
111program that provides loans, loan guarantees, loan-loss
112reserves, or investments for projects of qualified businesses as
113provided in s. 290.213.
114     (7)  "Expansion of an existing business" means the
115expansion of an existing business located in an enterprise
116program zone by or through additions to real and personal
117property, resulting in a net increase in employment of at least
11810 percent at such business.
119     (8)  "Federally designated empowerment zone" means a
120geographic area of the state designated by the Federal
121Government as an empowerment zone under the Federal Empowerment
122Zone Program as defined in s. 290.0491.
123     (9)  "Florida Enterprise Zone Act" has the same meaning as
124provided in s. 290.001.
125     (10)  "Legacy enterprise zone" means an enterprise zone
126designated under the Florida Enterprise Zone Act.
127     (11)  "New business" means a business that applies for
128state incentives under ss. 290.201-290.219 before beginning
129operations in an enterprise program zone and that is a legal
130entity separate from any other commercial or industrial
131operations owned by the same business.
132     (12)  "Project" means the creation of a new business, or
133the expansion or rebuilding of an existing business, located in
134an enterprise program zone.
135     (13)  "Qualified business" means a business that meets the
136qualifications under s. 290.211 to receive state incentives
137under ss. 290.213 and 290.215.
138     (14)  "Rebuilding of an existing business" means
139replacement or restoration of real or tangible property
140destroyed or damaged during an emergency in an enterprise
141program zone by a business located in the zone.
142     (15)  "Zone development corporation" means a corporation
143not for profit created under s. 290.207 to administer an
144enterprise program zone.
145     Section 3.  Section 290.205, Florida Statutes, is created
146to read:
147     290.205  Florida Urban Investment Job Creation Authority;
148creation; membership and duties.-
149     (1)  There is created within the Department of Economic
150Opportunity the Florida Urban Investment Job Creation Authority.
151The authority shall be composed of the following 11 members:
152     (a)  Five public-sector members, who shall be appointed by
153the Governor, at least three of whom must be employed or reside
154in an enterprise program zone or, for initial members, in a
155legacy enterprise zone or federally designated empowerment zone.
156The Governor may not appoint more than three public-sector
157members of the same political party affiliation. Public-sector
158members shall be appointed to terms of 4 years, except that the
159Governor, to establish staggered terms, may appoint members to
160initial terms of less than 4 years. The Governor shall fill the
161vacancy of a public-sector member for the unexpired portion of
162the member's term in the same manner as the original
163appointment.
164     (b)  One business owner, who shall be appointed by the
165Governor, whose principal place of business is located in an
166enterprise program zone or, for the initial member, in a legacy
167enterprise zone or federally designated empowerment zone.
168     (c)  The Chief Financial Officer of the state or his or her
169designee.
170     (d)  The executive director of the department or his or her
171designee.
172     (e)  The president of Enterprise Florida, Inc., or his or
173her designee.
174     (f)  One member appointed by the President of the Senate
175and one member appointed by the Speaker of the House of
176Representatives, both of whom must have training and experience
177in local government, finance, economic development, or
178redevelopment or participate in volunteer, civic, or community
179organizations.
180     (2)  Each member shall hold office until his or her
181successor is appointed and qualified, unless the member ceases
182to be qualified or is removed from office.
183     (3)  The department shall provide administrative and staff
184support services for the authority.
185     (4)  The authority shall:
186     (a)  Designate enterprise program zones pursuant to s.
187290.209.
188     (b)  Approve or deny applications, based upon the
189recommendations of the zone development corporations, for the
190qualification of businesses to receive state incentives under
191ss. 290.213 and 290.215.
192     (c)  Certify annually to the Chief Financial Officer the
193amounts to be paid from the enterprise program zone assistance
194funds to support proposed projects under s. 290.213.
195     (d)  By February 15 of each year, submit an annual report
196to the Governor, the President of the Senate, the Speaker of the
197House of Representatives, and the department on the authority's
198activities for the previous fiscal year. The report must include
199a complete financial statement setting forth the authority's
200assets, liabilities, income, and operating expenses as of the
201end of the fiscal year.
202     (5)  One year after the designation of the enterprise
203program zones under s. 290.209, the authority shall prepare a
204fiscal impact study of each enterprise program zone. The report
205must include, but need not be limited to, an analysis of the
206effects of each enterprise program zone on the economy of the
207county or municipality in which the enterprise program zone is
208located and any recommendations for legislation to improve the
209effectiveness of the enterprise program zones. By July 1, 2015,
210the authority shall submit a copy of the report to the Governor,
211the President of the Senate, the Speaker of the House of
212Representatives, and the Chief Financial Officer. After
213submitting the initial fiscal impact study, the authority shall
214prepare such report annually. The authority may use a portion of
215any funds provided for projects of qualified businesses by the
216enterprise program zone assistance funds to pay the costs of
217each study.
218     Section 4.  Section 290.207, Florida Statutes, is created
219to read:
220     290.207  Zone development corporations; creation; board of
221directors; membership.-
222     (1)  A zone development corporation shall be created within
223each legacy enterprise zone and federally designated empowerment
224zone in the state. Each zone development corporation shall be
225organized as a corporation not for profit.
226     (2)  The board of directors of each zone development
227corporation shall be composed of the following members:
228     (a)  One business owner, who shall be appointed by the
229Governor, whose principal place of business is located in the
230enterprise program zone or, for the initial member, in the
231legacy enterprise zone or federally designated empowerment zone.
232     (b)  Two business or community leaders who reside in, or
233whose principal place of business is located in, the enterprise
234program zone or, for initial members, in the legacy enterprise
235zone or federally designated empowerment zone, one of whom shall
236be appointed by the President of the Senate and one of whom
237shall be appointed by the Speaker of the House of
238Representatives.
239     (c)  For each county all or part of whose territory lies
240within the enterprise program zone or, for initial members,
241within the legacy enterprise zone or federally designated
242empowerment zone, one member appointed by the board of county
243commissioners of the county.
244     (d)  For each municipality all or part of whose territory
245lies within the enterprise program zone or, for initial members,
246within the legacy enterprise zone or federally designated
247empowerment zone, one member appointed by the governing board of
248the municipality.
249     (3)(a)  Board members shall be appointed to terms of 4
250years, except that members appointed by the President of the
251Senate and the Speaker of the House of Representatives shall be
252appointed to terms of 2 years. A vacancy of the unexpired
253portion of a member's term shall be filled in the same manner as
254the original appointment. Each board member shall hold office
255until his or her successor is appointed and qualified, unless
256the member ceases to be qualified or is removed from office.
257     (b)  Upon the appointment or reappointment of a board
258member, the corporation must file a certificate of appointment
259or reappointment with the clerk of the respective county or
260municipality.
261     (c)  Board members shall serve without compensation but are
262entitled to reimbursement for per diem and travel expenses as
263provided in s. 112.061.
264     (4)(a)  Each zone development corporation shall select a
265chair and vice chair from among its members.
266     (b)  Subject to funding provided by a county, municipality,
267or authorized local economic development agency, a zone
268development corporation may employ or designate an executive
269director, technical experts, and other agents and employees,
270permanent and temporary, and determine their qualifications,
271duties, and compensation. For legal services, a zone development
272corporation may employ private counsel or use attorneys of the
273county, municipality, or authorized local economic development
274agency at the discretion of the county, municipality, or
275authorized local economic development agency.
276     (5)  Each zone development corporation shall:
277     (a)  Adopt and administer a zone development plan that sets
278forth the boundary of the enterprise program zone designated
279under s. 290.209, the development goals of the enterprise
280program zone, and direction for qualified businesses located in
281the enterprise program zone.
282     (b)  Conduct meetings of the board of directors at least
283quarterly to evaluate applications for qualified businesses to
284receive tax credits and other state incentives under s. 290.215.
285     (c)  Administer an enterprise program zone assistance fund
286to provide loans, loan guarantees, loan-loss reserves, and
287investments for projects of qualified businesses located in the
288enterprise program zone pursuant to s. 290.213.
289     (d)  Conduct an open public forum at least quarterly during
290which urban development projects and the use of enterprise
291program zone assistance funds may be proposed and discussed.
292     (6)(a)  By March 1 of each year, each zone development
293corporation shall submit to the county or municipal clerk a
294report of its activities for the previous fiscal year. The
295report must include a complete financial statement setting forth
296the corporation's assets, liabilities, income, and operating
297expenses as of the end of the fiscal year. When filing the
298report, each zone development corporation shall publish a notice
299in a newspaper of general circulation in the enterprise program
300zone that such report was filed with the respective county or
301municipal clerk and is available for inspection during business
302hours at the offices of the zone development corporation.
303     (b)  By February 15 of each year, each zone development
304corporation shall submit a report of its activities to the
305Governor, the President of the Senate, the Speaker of the House
306of Representatives, and the authority.
307     (c)  Each zone development corporation shall annually
308submit a report to the authority accounting for the expenditure
309of enterprise program zone assistance funds.
310     Section 5.  Section 290.209, Florida Statutes, is created
311to read:
312     290.209  Designation of enterprise program zones.-
313     (1)  The authority shall, in each legacy enterprise zone
314and federally designated empowerment zone in the state,
315establish an enterprise program zone and designate the
316geographic boundary of the zone.
317     (2)  By October 1, 2012, each zone development corporation
318shall submit to the authority the following:
319     (a)  An economic report prepared by the corporation for the
320respective enterprise program zone. The report must include
321current census data and other economic indicators that identify
322the most economically distressed areas in the legacy enterprise
323zone or federally designated empowerment zone.
324     (b)  The corporation's written recommendations for the
325initial boundary of the enterprise program zone based upon
326findings of the economic report.
327     (3)  Before establishing the initial boundary of an
328enterprise program zone, the authority must consider:
329     (a)  The zone development corporation's economic report and
330recommendations for the initial boundary.
331     (b)  The historical boundary of the legacy enterprise zone
332or federally designated empowerment zone.
333     (4)  A zone development corporation may periodically apply
334to the authority for amendment of the enterprise program zone's
335boundary. The application must be based on a revised economic
336report and recommendations submitted to the authority in the
337same manner as provided under paragraphs (2)(a) and (b) for the
338initial boundary. Before amending the boundary, the authority
339must consider the factors described in paragraphs (3)(a) and (b)
340and the historical boundary of the enterprise program zone.
341     (5)  The total area of an enterprise program zone may not
342exceed 25 percent of the total area of the legacy enterprise
343zone or federally designated empowerment zone.
344     Section 6.  Section 290.211, Florida Statutes, is created
345to read:
346     290.211  Qualified businesses.-
347     (1)  Effective July 1, 2013, a business is qualified to
348receive the state incentives provided under s. 290.215 if:
349     (a)  The business is authorized to transact business in the
350state.
351     (b)  The business is actively engaged in the conduct of a
352trade or business located in an enterprise program zone
353designated under s. 290.209.
354     (c)  The business is not an adult entertainment
355establishment as defined in s. 847.001.
356     (d)  At least 25 percent of the business's full-time
357employees:
358     1.  Reside in the enterprise program zone;
359     2.  Reside in the state and were totally unemployed as
360defined in s. 443.036(44)(a) for at least 6 months before
361employment by the business;
362     3.  Were recipients of temporary cash assistance under s.
363414.045 for at least 6 months before employment by the business;
364or
365     4.  Are low-income individuals as defined in the federal
366Workforce Investment Act, 29 U.S.C. s. 2801.
367     (2)  A qualified business must maintain its qualifications
368under subsection (1) to continue to receive the state incentives
369provided under s. 290.215. Upon ceasing to meet the
370qualifications, a business may not receive additional
371incentives.
372     Section 7.  Section 290.213, Florida Statutes, is created
373to read:
374     290.213  Enterprise program zone assistance funds.-
375     (1)(a)  Effective July 1, 2013, and subject to legislative
376appropriations, each zone development corporation shall
377administer a separate assistance fund to provide loans, loan
378guarantees, loan-loss reserves, and investments for projects of
379qualified businesses located in the corporation's enterprise
380program zone.
381     (b)  Each zone development corporation shall develop
382criteria for the approval of projects in its enterprise program
383zone relating to comprehensive urban planning, neighborhood
384aesthetics and compatibility, and the maximization of economic
385development and job creation opportunities.
386     (2)(a)  To receive assistance for a project under this
387section, a qualified business must apply to the zone development
388corporation. The application shall be developed by the authority
389in consultation with the department. The application must
390demonstrate whether the business is a new business or an
391expansion or rebuilding of an existing business located in the
392enterprise program zone.
393     (b)  The zone development corporation shall review and,
394based upon the corporation's criteria, evaluate each submitted
395application and recommend approval or disapproval to the
396authority.
397     (c)  Upon receipt of an application and recommendation from
398the zone development corporation, the authority shall review,
399evaluate, and determine whether to approve or deny the
400application. The authority shall notify the applicant, the zone
401development corporation, and the department of each approved
402application.
403     (d)  If the authority denies an application, it shall
404notify the applicant and the zone development corporation and
405describe the reasons for denial. The authority has final
406approval authority for projects under this section.
407     (3)  A zone development corporation shall use any loan
408repayments and collected interest to provide additional
409assistance to qualified businesses for projects under this
410section.
411     (4)  Unexpended balances of an appropriation provided for
412assistance to qualified businesses under this section do not
413revert to the fund from which the appropriation was made at the
414end of the fiscal year, but shall be retained in the Economic
415Development Trust Fund and be carried forward to provide
416additional assistance to qualified businesses under this section
417during the following fiscal year.
418     (5)  A zone development corporation may collect an
419administrative fee not exceed 10 percent of the assistance
420provided to qualified businesses under this section.
421     Section 8.  Section 290.215, Florida Statutes, is created
422to read:
423     290.215  State incentives available for enterprise program
424zones; tax increment financing.-
425     (1)  Effective July 1, 2013, the following state incentives
426are available for qualified businesses located in an enterprise
427program zone:
428     (a)  The enterprise program zone sales and use tax credits
429provided under s. 212.0965.
430     (b)  The enterprise program zone corporate income tax
431credits provided under s. 220.183.
432     (c)  Loans, loan guarantees, loan-loss reserves, and
433investments provided for projects by enterprise program zone
434assistance funds under s. 290.213.
435     (d)  A credit against unemployment contributions provided
436under s. 443.1217(2)(h).
437     (2)  By June 1, 2013, the authority, in consultation with
438the department and the Department of Revenue, shall determine
439the tax floor for each enterprise program zone designated under
440s. 290.209. As used in this section, the term "tax floor" means
441the aggregate amount of sales and use tax collections from all
442businesses in an enterprise program zone for the 2011-2012
443fiscal year.
444     (3)(a)  By June 1 of each year, the authority, in
445consultation with the department and the Department of Revenue,
446shall calculate the maximum aggregate amount of state incentives
447described in paragraphs (1)(a)-(c) which are available for each
448enterprise program zone for the following fiscal year. Such
449maximum amount may not exceed the aggregate amount of the sales
450and use tax collections from all businesses in the enterprise
451program zone during the previous fiscal year which exceed the
452tax floor established for the enterprise program zone pursuant
453to subsection (2).
454     (b)  Any portion of the maximum amount of state incentives
455established per fiscal year which is not used by the end of a
456fiscal year shall be carried forward and made available for use
457during the following 2 fiscal years in addition to the amounts
458available for use under paragraph (a) for those fiscal years.
459     (4)(a)  The authority shall annually allocate legislative
460appropriations among the zone development corporations for the
461enterprise program zone assistance funds provided to projects of
462qualified businesses under s. 290.213. The authority shall
463certify annually to the State Treasurer amounts to be paid from
464the Economic Development Trust Fund to support the approved
465projects.
466     (b)  The amount available for state incentives in the
467enterprise program zone, including tax credits, loans, loan
468guarantees, loan-loss reserves, and investments authorized in
469paragraphs (1)(a)-(c), may not exceed the maximum aggregate
470amount calculated for these incentives under paragraph (3)(a).
471     Section 9.  Section 290.217, Florida Statutes, is created
472to read:
473     290.217  Review of enterprise program zones.-
474     (1)  By January 15, 2022, the Office of Program Policy
475Analysis and Government Accountability shall submit a report to
476the Governor, the President of the Senate, and the Speaker of
477the House of Representatives of its findings and recommendations
478on the Urban Job Creation Investment Act. The report shall
479review and evaluate the effectiveness of each enterprise program
480zone using the annual fiscal reports prepared by the authority
481under s. 290.205(5). The report shall also evaluate whether the
482state incentives provided to businesses in each enterprise
483program zone caused or contributed to:
484     (a)  New investment and development in the enterprise
485program zone;
486     (b)  An increase in the number of jobs created or retained
487in the enterprise program zone;
488     (c)  The renovation, rehabilitation, restoration,
489improvement, or new construction of businesses or housing in the
490enterprise program zone; or
491     (d)  The economic viability and profitability of businesses
492and commerce in the enterprise program zone.
493     (2)  Before the 2022 Regular Session of the Legislature,
494the appropriate committees of the Senate and House of
495Representatives shall consider legislation to implement the
496report's recommendations.
497     Section 10.  Section 290.219, Florida Statutes, is created
498to read:
499     290.219  Expiration.-
500     (1)  Sections 290.201-290.219 expire June 30, 2022.
501     (2)  Effective June 30, 2022, each enterprise program zone
502designated under s. 290.209 is abolished, and a qualified
503business may not claim or receive a state incentive provided
504under s. 290.213 or s. 290.215 after that date.
505     Section 11.  Section 212.0965, Florida Statutes, is created
506to read:
507     212.0965  Sales, rental, storage, use tax; enterprise
508program zone credit against sales tax.-
509     (1)  Effective July 1, 2013, there shall be allowed the
510following credits against the tax imposed by this chapter for
511any qualified business as defined in s. 290.203 located in an
512enterprise program zone:
513     (a)  A credit equal to 50 percent of the business's sales
514and use tax liability imposed under this chapter, except for tax
515liability resulting from the purchase of a new or used motor
516vehicle or mobile home or the sale of obscene material as
517defined in s. 847.0133.
518     (b)  A credit equal to 50 percent of the business's sales
519and use tax liability from the purchase of tangible personal
520property that has a depreciable life of 3 years or more.
521     (2)(a)  To be eligible to receive a tax credit provided
522under paragraph (1)(a) or paragraph (1)(b), a qualified business
523must initially apply to the zone development corporation created
524under s. 290.207.
525     (b)  An original certification is valid for 2 years. In
526lieu of submitting a new application, the original certification
527may be renewed biennially by submitting to the Florida Urban
528Investment Job Creation Authority a statement, certified under
529oath, that there has been no material change in the conditions
530or circumstances entitling the qualified business to the
531original certification. The initial application and the
532certification renewal statement shall be developed by the
533Florida Urban Investment Job Creation Authority in consultation
534with the department.
535     (c)  The zone development corporation shall review each
536submitted initial application and determine whether the
537application is complete. Once complete, the zone development
538corporation shall evaluate the application and recommend
539approval or disapproval to the Florida Urban Investment Job
540Creation Authority.
541     (d)  Upon receipt of an initial application and
542recommendation from the zone development corporation, or upon
543receipt of a certification renewal statement, the Florida Urban
544Investment Job Creation Authority shall certify qualified
545businesses that meet the requirements of s. 290.211 and notify
546the applicant, the zone development corporation, and the
547department of the original certification or certification
548renewal.
549     (e)  If the Florida Urban Investment Job Creation Authority
550finds that the applicant does not meet the requirements of s.
551290.211, it shall notify the applicant and the zone development
552corporation that the application for certification is denied and
553the reasons for denial. The Florida Urban Investment Job
554Creation Authority has final approval authority for
555certification under this section.
556     (3)  This section expires on the date specified in s.
557290.219 for the expiration of the Urban Job Creation Investment
558Act.
559     Section 12.  Section 220.1815, Florida Statutes, is created
560to read:
561     220.1815  Enterprise program zone tax credits.-
562     (1)  Effective July 1, 2013, there shall be allowed the
563following credits against the tax imposed by this chapter for
564any qualified business as defined in s. 290.203 located in an
565enterprise program zone:
566     (a)  A credit equal to 8 percent of the business's
567corporate income tax liability imposed under this chapter.
568     (b)  A credit equal to $1,500 of the business's corporate
569income tax liability for hiring a new full-time employee who
570resides in the enterprise program zone, if such employee
571received temporary cash assistance under s. 414.045, or was
572totally unemployed as defined in s. 443.036(44)(a), for at least
57390 days before such employment. The tax credit provided under
574this paragraph may be claimed only once per new full-time
575employee for the taxable year during which the business
576initially hires such employee.
577     (2)(a)  To be eligible to receive a tax credit provided
578under paragraph (1)(a) or paragraph (1)(b), a qualified business
579must initially apply to the zone development corporation created
580under s. 290.207. The application shall be developed by the
581Florida Urban Investment Job Creation Authority in consultation
582with the department.
583     (b)  When claiming a tax credit under paragraph (1)(b), the
584application must include a statement, filed under oath with the
585zone development corporation, which includes for each new
586employee for whom the credit is claimed, the employee's name and
587residential address during the taxable year and, if applicable,
588documentation that the employee received temporary cash
589assistance or was totally unemployed for at least 90 days before
590employment by the qualified business.
591     (c)  The zone development corporation shall review each
592submitted application and determine whether the application is
593complete. Once complete, the zone development corporation shall
594evaluate the application and recommend approval or disapproval
595to the Florida Urban Investment Job Creation Authority.
596     (d)  Upon receipt of an application and recommendation from
597the zone development corporation, the Florida Urban Investment
598Job Creation Authority shall certify qualified businesses that
599meet the requirements of s. 290.211 and this section and notify
600the applicant, the zone development corporation, and the
601department of the certification.
602     (e)  If the Florida Urban Investment Job Creation Authority
603finds that the applicant does not meet the requirements of s.
604290.211 or this section, the authority must notify the applicant
605and the zone development corporation that the application for
606certification is denied and the reasons for denial. The Florida
607Urban Investment Job Creation Authority has final approval
608authority for certification under this section.
609     (3)  If a tax credit certified under this section is not
610fully used in any one year, the unused amount may be carried
611forward for a period not to exceed 5 years. The carryover credit
612may be used in a subsequent year when the tax imposed by this
613chapter for such year exceeds the credit for such year after
614applying the other credits and unused credit carryovers in the
615order provided in s. 220.02(8).
616     (4)  This section expires on the date specified in s.
617290.219 for the expiration of the Urban Job Creation Investment
618Act.
619     Section 13.  Subsection (8) of section 220.02, Florida
620Statutes, is amended to read:
621     220.02  Legislative intent.-
622     (8)  It is the intent of the Legislature that credits
623against either the corporate income tax or the franchise tax be
624applied in the following order: those enumerated in s. 631.828,
625those enumerated in s. 220.191, those enumerated in s. 220.181,
626those enumerated in s. 220.183, those enumerated in s. 220.182,
627those enumerated in s. 220.1895, those enumerated in s. 220.195,
628those enumerated in s. 220.184, those enumerated in s. 220.186,
629those enumerated in s. 220.1845, those enumerated in s. 220.19,
630those enumerated in s. 220.185, those enumerated in s. 220.1875,
631those enumerated in s. 220.192, those enumerated in s. 220.193,
632those enumerated in s. 288.9916, those enumerated in s.
633220.1899, those enumerated in s. 220.1896, those enumerated in
634s. 220.194, and those enumerated in s. 220.196, and those
635enumerated in s. 220.1815.
636     Section 14.  Paragraph (h) is added to subsection (2) of
637section 443.1217, Florida Statutes, to read:
638     443.1217  Wages.-
639     (2)  For the purpose of determining an employer's
640contributions, the following wages are exempt from this chapter:
641     (h)  Beginning July 1, 2013, remuneration paid by a
642qualified business as defined in s. 290.203 to an individual who
643earns less than $4,500 during the calendar quarter.
644     Section 15.  Section 290.016, Florida Statutes, is amended
645to read:
646     290.016  Repeal.-Sections 290.001-290.014 are repealed June
64730, 2013 December 31, 2015.
648     Section 16.  For the purpose of incorporating the amendment
649made by this act to section 290.016, Florida Statutes, in a
650reference thereto, paragraph (c) of subsection (8) of section
651166.231, Florida Statutes, is reenacted to read:
652     166.231  Municipalities; public service tax.-
653     (8)
654     (c)  This subsection expires on the date specified in s.
655290.016 for the expiration of the Florida Enterprise Zone Act,
656except that any qualified business that has satisfied the
657requirements of this subsection before that date shall be
658allowed the full benefit of the exemption allowed under this
659subsection as if this subsection had not expired on that date.
660     Section 17.  For the purpose of incorporating the amendment
661made by this act to section 290.016, Florida Statutes, in a
662reference thereto, subsection (4) of section 193.077, Florida
663Statutes, is reenacted to read:
664     193.077  Notice of new, rebuilt, or expanded property.-
665     (4)  This section expires on the date specified in s.
666290.016 for the expiration of the Florida Enterprise Zone Act.
667     Section 18.  For the purpose of incorporating the amendment
668made by this act to section 290.016, Florida Statutes, in a
669reference thereto, paragraph (b) of subsection (5) of section
670193.085, Florida Statutes, is reenacted to read:
671     193.085  Listing all property.-
672     (5)
673     (b)  This subsection expires on the date specified in s.
674290.016 for the expiration of the Florida Enterprise Zone Act.
675     Section 19.  For the purpose of incorporating the amendment
676made by this act to section 290.016, Florida Statutes, in a
677reference thereto, paragraph (b) of subsection (4) of section
678195.073, Florida Statutes, is reenacted to read:
679     195.073  Classification of property.-All items required by
680law to be on the assessment rolls must receive a classification
681based upon the use of the property. The department shall
682promulgate uniform definitions for all classifications. The
683department may designate other subclassifications of property.
684No assessment roll may be approved by the department which does
685not show proper classifications.
686     (4)
687     (b)  This subsection expires on the date specified in s.
688290.016 for the expiration of the Florida Enterprise Zone Act.
689     Section 20.  For the purpose of incorporating the amendment
690made by this act to section 290.016, Florida Statutes, in a
691reference thereto, paragraph (b) of subsection (1) of section
692195.099, Florida Statutes, is reenacted to read:
693     195.099  Periodic review.-
694     (1)
695     (b)  This subsection shall expire on the date specified in
696s. 290.016 for the expiration of the Florida Enterprise Zone
697Act.
698     Section 21.  For the purpose of incorporating the amendment
699made by this act to section 290.016, Florida Statutes, in a
700reference thereto, subsection (19) of section 196.012, Florida
701Statutes, is reenacted to read:
702     196.012  Definitions.-For the purpose of this chapter, the
703following terms are defined as follows, except where the context
704clearly indicates otherwise:
705     (19)  "Enterprise zone" means an area designated as an
706enterprise zone pursuant to s. 290.0065. This subsection expires
707on the date specified in s. 290.016 for the expiration of the
708Florida Enterprise Zone Act.
709     Section 22.  For the purpose of incorporating the amendment
710made by this act to section 290.016, Florida Statutes, in a
711reference thereto, subsection (4) of section 205.022, Florida
712Statutes, is reenacted to read:
713     205.022  Definitions.-When used in this chapter, the
714following terms and phrases shall have the meanings ascribed to
715them in this section, except when the context clearly indicates
716a different meaning:
717     (4)  "Enterprise zone" means an area designated as an
718enterprise zone pursuant to s. 290.0065. This subsection expires
719on the date specified in s. 290.016 for the expiration of the
720Florida Enterprise Zone Act.
721     Section 23.  For the purpose of incorporating the amendment
722made by this act to section 290.016, Florida Statutes, in a
723reference thereto, subsection (6) of section 205.054, Florida
724Statutes, is reenacted to read:
725     205.054  Business tax; partial exemption for engaging in
726business or occupation in enterprise zone.-
727     (6)  This section expires on the date specified in s.
728290.016 for the expiration of the Florida Enterprise Zone Act;
729and a receipt may not be issued with the exemption authorized in
730this section for any period beginning on or after that date.
731     Section 24.  For the purpose of incorporating the amendment
732made by this act to section 290.016, Florida Statutes, in a
733reference thereto, subsection (6) of section 212.02, Florida
734Statutes, is reenacted to read:
735     212.02  Definitions.-The following terms and phrases when
736used in this chapter have the meanings ascribed to them in this
737section, except where the context clearly indicates a different
738meaning:
739     (6)  "Enterprise zone" means an area of the state
740designated pursuant to s. 290.0065. This subsection expires on
741the date specified in s. 290.016 for the expiration of the
742Florida Enterprise Zone Act.
743     Section 25.  For the purpose of incorporating the amendment
744made by this act to section 290.016, Florida Statutes, in a
745reference thereto, paragraph (g) of subsection (5) of section
746212.08, Florida Statutes, is reenacted to read:
747     212.08  Sales, rental, use, consumption, distribution, and
748storage tax; specified exemptions.-The sale at retail, the
749rental, the use, the consumption, the distribution, and the
750storage to be used or consumed in this state of the following
751are hereby specifically exempt from the tax imposed by this
752chapter.
753     (5)  EXEMPTIONS; ACCOUNT OF USE.-
754     (g)  Building materials used in the rehabilitation of real
755property located in an enterprise zone.-
756     1.  Building materials used in the rehabilitation of real
757property located in an enterprise zone are exempt from the tax
758imposed by this chapter upon an affirmative showing to the
759satisfaction of the department that the items have been used for
760the rehabilitation of real property located in an enterprise
761zone. Except as provided in subparagraph 2., this exemption
762inures to the owner, lessee, or lessor at the time the real
763property is rehabilitated, but only through a refund of
764previously paid taxes. To receive a refund pursuant to this
765paragraph, the owner, lessee, or lessor of the rehabilitated
766real property must file an application under oath with the
767governing body or enterprise zone development agency having
768jurisdiction over the enterprise zone where the business is
769located, as applicable. A single application for a refund may be
770submitted for multiple, contiguous parcels that were part of a
771single parcel that was divided as part of the rehabilitation of
772the property. All other requirements of this paragraph apply to
773each parcel on an individual basis. The application must
774include:
775     a.  The name and address of the person claiming the refund.
776     b.  An address and assessment roll parcel number of the
777rehabilitated real property for which a refund of previously
778paid taxes is being sought.
779     c.  A description of the improvements made to accomplish
780the rehabilitation of the real property.
781     d.  A copy of a valid building permit issued by the county
782or municipal building department for the rehabilitation of the
783real property.
784     e.  A sworn statement, under penalty of perjury, from the
785general contractor licensed in this state with whom the
786applicant contracted to make the improvements necessary to
787rehabilitate the real property, which lists the building
788materials used to rehabilitate the real property, the actual
789cost of the building materials, and the amount of sales tax paid
790in this state on the building materials. If a general contractor
791was not used, the applicant, not a general contractor, shall
792make the sworn statement required by this sub-subparagraph.
793Copies of the invoices that evidence the purchase of the
794building materials used in the rehabilitation and the payment of
795sales tax on the building materials must be attached to the
796sworn statement provided by the general contractor or by the
797applicant. Unless the actual cost of building materials used in
798the rehabilitation of real property and the payment of sales
799taxes is documented by a general contractor or by the applicant
800in this manner, the cost of the building materials is deemed to
801be an amount equal to 40 percent of the increase in assessed
802value for ad valorem tax purposes.
803     f.  The identifying number assigned pursuant to s. 290.0065
804to the enterprise zone in which the rehabilitated real property
805is located.
806     g.  A certification by the local building code inspector
807that the improvements necessary to rehabilitate the real
808property are substantially completed.
809     h.  A statement of whether the business is a small business
810as defined by s. 288.703.
811     i.  If applicable, the name and address of each permanent
812employee of the business, including, for each employee who is a
813resident of an enterprise zone, the identifying number assigned
814pursuant to s. 290.0065 to the enterprise zone in which the
815employee resides.
816     2.  This exemption inures to a municipality, county, other
817governmental unit or agency, or nonprofit community-based
818organization through a refund of previously paid taxes if the
819building materials used in the rehabilitation are paid for from
820the funds of a community development block grant, State Housing
821Initiatives Partnership Program, or similar grant or loan
822program. To receive a refund, a municipality, county, other
823governmental unit or agency, or nonprofit community-based
824organization must file an application that includes the same
825information required in subparagraph 1. In addition, the
826application must include a sworn statement signed by the chief
827executive officer of the municipality, county, other
828governmental unit or agency, or nonprofit community-based
829organization seeking a refund which states that the building
830materials for which a refund is sought were funded by a
831community development block grant, State Housing Initiatives
832Partnership Program, or similar grant or loan program.
833     3.  Within 10 working days after receipt of an application,
834the governing body or enterprise zone development agency shall
835review the application to determine if it contains all the
836information required by subparagraph 1. or subparagraph 2. and
837meets the criteria set out in this paragraph. The governing body
838or agency shall certify all applications that contain the
839required information and are eligible to receive a refund. If
840applicable, the governing body or agency shall also certify if
84120 percent of the employees of the business are residents of an
842enterprise zone, excluding temporary and part-time employees.
843The certification must be in writing, and a copy of the
844certification shall be transmitted to the executive director of
845the department. The applicant is responsible for forwarding a
846certified application to the department within the time
847specified in subparagraph 4.
848     4.  An application for a refund must be submitted to the
849department within 6 months after the rehabilitation of the
850property is deemed to be substantially completed by the local
851building code inspector or by November 1 after the rehabilitated
852property is first subject to assessment.
853     5.  Only one exemption through a refund of previously paid
854taxes for the rehabilitation of real property is permitted for
855any single parcel of property unless there is a change in
856ownership, a new lessor, or a new lessee of the real property. A
857refund may not be granted unless the amount to be refunded
858exceeds $500. A refund may not exceed the lesser of 97 percent
859of the Florida sales or use tax paid on the cost of the building
860materials used in the rehabilitation of the real property as
861determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
862at least 20 percent of the employees of the business are
863residents of an enterprise zone, excluding temporary and part-
864time employees, the amount of refund may not exceed the lesser
865of 97 percent of the sales tax paid on the cost of the building
866materials or $10,000. A refund shall be made within 30 days
867after formal approval by the department of the application for
868the refund.
869     6.  The department shall adopt rules governing the manner
870and form of refund applications and may establish guidelines as
871to the requisites for an affirmative showing of qualification
872for exemption under this paragraph.
873     7.  The department shall deduct an amount equal to 10
874percent of each refund granted under this paragraph from the
875amount transferred into the Local Government Half-cent Sales Tax
876Clearing Trust Fund pursuant to s. 212.20 for the county area in
877which the rehabilitated real property is located and shall
878transfer that amount to the General Revenue Fund.
879     8.  For the purposes of the exemption provided in this
880paragraph, the term:
881     a.  "Building materials" means tangible personal property
882that becomes a component part of improvements to real property.
883     b.  "Real property" has the same meaning as provided in s.
884192.001(12), except that the term does not include a condominium
885parcel or condominium property as defined in s. 718.103.
886     c.  "Rehabilitation of real property" means the
887reconstruction, renovation, restoration, rehabilitation,
888construction, or expansion of improvements to real property.
889     d.  "Substantially completed" has the same meaning as
890provided in s. 192.042(1).
891     9.  This paragraph expires on the date specified in s.
892290.016 for the expiration of the Florida Enterprise Zone Act.
893     Section 26.  For the purpose of incorporating the amendment
894made by this act to section 290.016, Florida Statutes, in a
895reference thereto, subsection (12) of section 212.096, Florida
896Statutes, is reenacted to read:
897     212.096  Sales, rental, storage, use tax; enterprise zone
898jobs credit against sales tax.-
899     (12)  This section, except for subsection (11), expires on
900the date specified in s. 290.016 for the expiration of the
901Florida Enterprise Zone Act.
902     Section 27.  For the purpose of incorporating the amendment
903made by this act to section 290.016, Florida Statutes, in
904references thereto, paragraph (c) of subsection (6) and
905paragraph (c) of subsection (7) of section 220.02, Florida
906Statutes, are reenacted to read:
907     220.02  Legislative intent.-
908     (6)
909     (c)  This subsection expires on the date specified in s.
910290.016 for the expiration of the Florida Enterprise Zone Act.
911     (7)
912     (c)  This subsection expires on the date specified in s.
913290.016 for the expiration of the Florida Enterprise Zone Act.
914     Section 28.  For the purpose of incorporating the amendment
915made by this act to section 290.016, Florida Statutes, in
916references thereto, subsection (1) of section 220.03, Florida
917Statutes, is reenacted to read:
918     220.03  Definitions.-
919     (1)  SPECIFIC TERMS.-When used in this code, and when not
920otherwise distinctly expressed or manifestly incompatible with
921the intent thereof, the following terms shall have the following
922meanings:
923     (a)  "Ad valorem taxes paid" means 96 percent of property
924taxes levied for operating purposes and does not include
925interest, penalties, or discounts foregone. In addition, the
926term "ad valorem taxes paid," for purposes of the credit in s.
927220.182, means the ad valorem tax paid on new or additional real
928or personal property acquired to establish a new business or
929facilitate a business expansion, including pollution and waste
930control facilities, or any part thereof, and including one or
931more buildings or other structures, machinery, fixtures, and
932equipment. This paragraph expires on the date specified in s.
933290.016 for the expiration of the Florida Enterprise Zone Act.
934     (b)  "Affiliated group of corporations" means two or more
935corporations which constitute an affiliated group of
936corporations as defined in s. 1504(a) of the Internal Revenue
937Code.
938     (c)  "Business" or "business firm" means any business
939entity authorized to do business in this state as defined in
940paragraph (e), and any bank or savings and loan association as
941defined in s. 220.62, subject to the tax imposed by the
942provisions of this chapter. This paragraph expires on the date
943specified in s. 290.016 for the expiration of the Florida
944Enterprise Zone Act.
945     (d)  "Community contribution" means the grant by a business
946firm of any of the following items:
947     1.  Cash or other liquid assets.
948     2.  Real property.
949     3.  Goods or inventory.
950     4.  Other physical resources as identified by the
951department.
952
953This paragraph expires on the date specified in s. 290.016 for
954the expiration of the Florida Enterprise Zone Act.
955     (e)  "Corporation" includes all domestic corporations;
956foreign corporations qualified to do business in this state or
957actually doing business in this state; joint-stock companies;
958limited liability companies, under chapter 608; common-law
959declarations of trust, under chapter 609; corporations not for
960profit, under chapter 617; agricultural cooperative marketing
961associations, under chapter 618; professional service
962corporations, under chapter 621; foreign unincorporated
963associations, under chapter 622; private school corporations,
964under chapter 623; foreign corporations not for profit which are
965carrying on their activities in this state; and all other
966organizations, associations, legal entities, and artificial
967persons which are created by or pursuant to the statutes of this
968state, the United States, or any other state, territory,
969possession, or jurisdiction. The term "corporation" does not
970include proprietorships, even if using a fictitious name;
971partnerships of any type, as such; limited liability companies
972that are taxable as partnerships for federal income tax
973purposes; state or public fairs or expositions, under chapter
974616; estates of decedents or incompetents; testamentary trusts;
975or private trusts.
976     (f)  "Department" means the Department of Revenue of this
977state.
978     (g)  "Director" means the executive director of the
979Department of Revenue and, when there has been an appropriate
980delegation of authority, the executive director's delegate.
981     (h)  "Earned," "accrued," "paid," or "incurred" shall be
982construed according to the method of accounting upon the basis
983of which a taxpayer's income is computed under this code.
984     (i)  "Emergency," as used in s. 220.02 and in paragraph (u)
985of this subsection, means occurrence of widespread or severe
986damage, injury, or loss of life or property proclaimed pursuant
987to s. 14.022 or declared pursuant to s. 252.36. This paragraph
988expires on the date specified in s. 290.016 for the expiration
989of the Florida Enterprise Zone Act.
990     (j)  "Enterprise zone" means an area in the state
991designated pursuant to s. 290.0065. This paragraph expires on
992the date specified in s. 290.016 for the expiration of the
993Florida Enterprise Zone Act.
994     (k)  "Expansion of an existing business," for the purposes
995of the enterprise zone property tax credit, means any business
996entity authorized to do business in this state as defined in
997paragraph (e), and any bank or savings and loan association as
998defined in s. 220.62, subject to the tax imposed by the
999provisions of this chapter, located in an enterprise zone, which
1000expands by or through additions to real and personal property
1001and which establishes five or more new jobs to employ five or
1002more additional full-time employees at such location. This
1003paragraph expires on the date specified in s. 290.016 for the
1004expiration of the Florida Enterprise Zone Act.
1005     (l)  "Fiscal year" means an accounting period of 12 months
1006or less ending on the last day of any month other than December
1007or, in the case of a taxpayer with an annual accounting period
1008of 52-53 weeks under s. 441(f) of the Internal Revenue Code, the
1009period determined under that subsection.
1010     (m)  "Includes" or "including," when used in a definition
1011contained in this code, shall not be deemed to exclude other
1012things otherwise within the meaning of the term defined.
1013     (n)  "Internal Revenue Code" means the United States
1014Internal Revenue Code of 1986, as amended and in effect on
1015January 1, 2011, except as provided in subsection (3).
1016     (o)  "Local government" means any county or incorporated
1017municipality in the state. This paragraph expires on the date
1018specified in s. 290.016 for the expiration of the Florida
1019Enterprise Zone Act.
1020     (p)  "New business," for the purposes of the enterprise
1021zone property tax credit, means any business entity authorized
1022to do business in this state as defined in paragraph (e), or any
1023bank or savings and loan association as defined in s. 220.62,
1024subject to the tax imposed by the provisions of this chapter,
1025first beginning operations on a site located in an enterprise
1026zone and clearly separate from any other commercial or
1027industrial operations owned by the same entity, bank, or savings
1028and loan association and which establishes five or more new jobs
1029to employ five or more additional full-time employees at such
1030location. This paragraph expires on the date specified in s.
1031290.016 for the expiration of the Florida Enterprise Zone Act.
1032     (q)  "New employee," for the purposes of the enterprise
1033zone jobs credit, means a person residing in an enterprise zone
1034or a participant in the welfare transition program who is
1035employed at a business located in an enterprise zone who begins
1036employment in the operations of the business after July 1, 1995,
1037and who has not been previously employed full time within the
1038preceding 12 months by the business or a successor business
1039claiming the credit pursuant to s. 220.181. A person shall be
1040deemed to be employed by such a business if the person performs
1041duties in connection with the operations of the business on a
1042full-time basis, provided she or he is performing such duties
1043for an average of at least 36 hours per week each month. The
1044person must be performing such duties at a business site located
1045in an enterprise zone. This paragraph expires on the date
1046specified in s. 290.016 for the expiration of the Florida
1047Enterprise Zone Act.
1048     (r)  "Nonbusiness income" means rents and royalties from
1049real or tangible personal property, capital gains, interest,
1050dividends, and patent and copyright royalties, to the extent
1051that they do not arise from transactions and activities in the
1052regular course of the taxpayer's trade or business. The term
1053"nonbusiness income" does not include income from tangible and
1054intangible property if the acquisition, management, and
1055disposition of the property constitute integral parts of the
1056taxpayer's regular trade or business operations, or any amounts
1057which could be included in apportionable income without
1058violating the due process clause of the United States
1059Constitution. For purposes of this definition, "income" means
1060gross receipts less all expenses directly or indirectly
1061attributable thereto. Functionally related dividends are
1062presumed to be business income.
1063     (s)  "Partnership" includes a syndicate, group, pool, joint
1064venture, or other unincorporated organization through or by
1065means of which any business, financial operation, or venture is
1066carried on, including a limited partnership; and the term
1067"partner" includes a member having a capital or a profits
1068interest in a partnership.
1069     (t)  "Project" means any activity undertaken by an eligible
1070sponsor, as defined in s. 220.183(2)(c), which is designed to
1071construct, improve, or substantially rehabilitate housing that
1072is affordable to low-income or very-low-income households as
1073defined in s. 420.9071(19) and (28); designed to provide
1074commercial, industrial, or public resources and facilities; or
1075designed to improve entrepreneurial and job-development
1076opportunities for low-income persons. A project may be the
1077investment necessary to increase access to high-speed broadband
1078capability in rural communities with enterprise zones, including
1079projects that result in improvements to communications assets
1080that are owned by a business. A project may include the
1081provision of museum educational programs and materials that are
1082directly related to any project approved between January 1,
10831996, and December 31, 1999, and located in an enterprise zone
1084designated pursuant to s. 290.0065. This paragraph does not
1085preclude projects that propose to construct or rehabilitate low-
1086income or very-low-income housing on scattered sites. With
1087respect to housing, contributions may be used to pay the
1088following eligible project-related activities:
1089     1.  Project development, impact, and management fees for
1090low-income or very-low-income housing projects;
1091     2.  Down payment and closing costs for eligible persons, as
1092defined in s. 420.9071(19) and (28);
1093     3.  Administrative costs, including housing counseling and
1094marketing fees, not to exceed 10 percent of the community
1095contribution, directly related to low-income or very-low-income
1096projects; and
1097     4.  Removal of liens recorded against residential property
1098by municipal, county, or special-district local governments when
1099satisfaction of the lien is a necessary precedent to the
1100transfer of the property to an eligible person, as defined in s.
1101420.9071(19) and (28), for the purpose of promoting home
1102ownership. Contributions for lien removal must be received from
1103a nonrelated third party.
1104
1105The provisions of this paragraph shall expire and be void on
1106June 30, 2015.
1107     (u)  "Rebuilding of an existing business" means replacement
1108or restoration of real or tangible property destroyed or damaged
1109in an emergency, as defined in paragraph (i), after July 1,
11101995, in an enterprise zone, by a business entity authorized to
1111do business in this state as defined in paragraph (e), or a bank
1112or savings and loan association as defined in s. 220.62, subject
1113to the tax imposed by the provisions of this chapter, located in
1114the enterprise zone. This paragraph expires on the date
1115specified in s. 290.016 for the expiration of the Florida
1116Enterprise Zone Act.
1117     (v)  "Regulations" includes rules promulgated, and forms
1118prescribed, by the department.
1119     (w)  "Returns" includes declarations of estimated tax
1120required under this code.
1121     (x)  "State," when applied to a jurisdiction other than
1122Florida, means any state of the United States, the District of
1123Columbia, the Commonwealth of Puerto Rico, any territory or
1124possession of the United States, and any foreign country, or any
1125political subdivision of any of the foregoing.
1126     (y)  "Taxable year" means the calendar or fiscal year upon
1127the basis of which net income is computed under this code,
1128including, in the case of a return made for a fractional part of
1129a year, the period for which such return is made.
1130     (z)  "Taxpayer" means any corporation subject to the tax
1131imposed by this code, and includes all corporations for which a
1132consolidated return is filed under s. 220.131. However,
1133"taxpayer" does not include a corporation having no individuals
1134(including individuals employed by an affiliate) receiving
1135compensation in this state as defined in s. 220.15 when the only
1136property owned or leased by said corporation (including an
1137affiliate) in this state is located at the premises of a printer
1138with which it has contracted for printing, if such property
1139consists of the final printed product, property which becomes a
1140part of the final printed product, or property from which the
1141printed product is produced.
1142     (aa)  "Functionally related dividends" include the
1143following types of dividends:
1144     1.  Those received from a subsidiary of which the voting
1145stock is more than 50 percent owned or controlled by the
1146taxpayer or members of its affiliated group and which is engaged
1147in the same general line of business.
1148     2.  Those received from any corporation which is either a
1149significant source of supply for the taxpayer or its affiliated
1150group or a significant purchaser of the output of the taxpayer
1151or its affiliated group, or which sells a significant part of
1152its output or obtains a significant part of its raw materials or
1153input from the taxpayer or its affiliated group. "Significant"
1154means an amount of 15 percent or more.
1155     3.  Those resulting from the investment of working capital
1156or some other purpose in furtherance of the taxpayer or its
1157affiliated group.
1158
1159However, dividends not otherwise subject to tax under this
1160chapter are excluded.
1161     (bb)  "Child care facility startup costs" means
1162expenditures for substantial renovation, equipment, including
1163playground equipment and kitchen appliances and cooking
1164equipment, real property, including land and improvements, and
1165for reduction of debt, made in connection with a child care
1166facility as defined by s. 402.302, or any facility providing
1167daily care to children who are mildly ill, which is located in
1168this state on the taxpayer's premises and used by the employees
1169of the taxpayer.
1170     (cc)  "Operation of a child care facility" means operation
1171of a child care facility as defined by s. 402.302, or any
1172facility providing daily care to children who are mildly ill,
1173which is located in this state within 5 miles of at least one
1174place of business of the taxpayer and which is used by the
1175employees of the taxpayer.
1176     (dd)  "Citrus processing company" means a corporation
1177which, during the 60-month period ending on December 31, 1997,
1178had derived more than 50 percent of its total gross receipts
1179from the processing of citrus products and the manufacture of
1180juices.
1181     (ee)  "New job has been created" means that, on the date of
1182application, the total number of full-time jobs is greater than
1183the total was 12 months prior to that date, as demonstrated to
1184the department by a business located in the enterprise zone.
1185     (ff)  "Job" means a full-time position, as consistent with
1186terms used by the Department of Economic Opportunity and the
1187United States Department of Labor for purposes of unemployment
1188compensation tax administration and employment estimation
1189resulting directly from business operations in this state. The
1190term may not include a temporary construction job involved with
1191the construction of facilities or any job that has previously
1192been included in any application for tax credits under s.
1193212.096. The term also includes employment of an employee leased
1194from an employee leasing company licensed under chapter 468 if
1195the employee has been continuously leased to the employer for an
1196average of at least 36 hours per week for more than 6 months.
1197     Section 29.  For the purpose of incorporating the amendment
1198made by this act to section 290.016, Florida Statutes, in
1199references thereto, paragraph (a) of subsection (1) of section
1200220.13, Florida Statutes, is reenacted to read:
1201     220.13  "Adjusted federal income" defined.-
1202     (1)  The term "adjusted federal income" means an amount
1203equal to the taxpayer's taxable income as defined in subsection
1204(2), or such taxable income of more than one taxpayer as
1205provided in s. 220.131, for the taxable year, adjusted as
1206follows:
1207     (a)  Additions.-There shall be added to such taxable
1208income:
1209     1.  The amount of any tax upon or measured by income,
1210excluding taxes based on gross receipts or revenues, paid or
1211accrued as a liability to the District of Columbia or any state
1212of the United States which is deductible from gross income in
1213the computation of taxable income for the taxable year.
1214     2.  The amount of interest which is excluded from taxable
1215income under s. 103(a) of the Internal Revenue Code or any other
1216federal law, less the associated expenses disallowed in the
1217computation of taxable income under s. 265 of the Internal
1218Revenue Code or any other law, excluding 60 percent of any
1219amounts included in alternative minimum taxable income, as
1220defined in s. 55(b)(2) of the Internal Revenue Code, if the
1221taxpayer pays tax under s. 220.11(3).
1222     3.  In the case of a regulated investment company or real
1223estate investment trust, an amount equal to the excess of the
1224net long-term capital gain for the taxable year over the amount
1225of the capital gain dividends attributable to the taxable year.
1226     4.  That portion of the wages or salaries paid or incurred
1227for the taxable year which is equal to the amount of the credit
1228allowable for the taxable year under s. 220.181. This
1229subparagraph shall expire on the date specified in s. 290.016
1230for the expiration of the Florida Enterprise Zone Act.
1231     5.  That portion of the ad valorem school taxes paid or
1232incurred for the taxable year which is equal to the amount of
1233the credit allowable for the taxable year under s. 220.182. This
1234subparagraph shall expire on the date specified in s. 290.016
1235for the expiration of the Florida Enterprise Zone Act.
1236     6.  The amount taken as a credit under s. 220.195 which is
1237deductible from gross income in the computation of taxable
1238income for the taxable year.
1239     7.  That portion of assessments to fund a guaranty
1240association incurred for the taxable year which is equal to the
1241amount of the credit allowable for the taxable year.
1242     8.  In the case of a nonprofit corporation which holds a
1243pari-mutuel permit and which is exempt from federal income tax
1244as a farmers' cooperative, an amount equal to the excess of the
1245gross income attributable to the pari-mutuel operations over the
1246attributable expenses for the taxable year.
1247     9.  The amount taken as a credit for the taxable year under
1248s. 220.1895.
1249     10.  Up to nine percent of the eligible basis of any
1250designated project which is equal to the credit allowable for
1251the taxable year under s. 220.185.
1252     11.  The amount taken as a credit for the taxable year
1253under s. 220.1875. The addition in this subparagraph is intended
1254to ensure that the same amount is not allowed for the tax
1255purposes of this state as both a deduction from income and a
1256credit against the tax. This addition is not intended to result
1257in adding the same expense back to income more than once.
1258     12.  The amount taken as a credit for the taxable year
1259under s. 220.192.
1260     13.  The amount taken as a credit for the taxable year
1261under s. 220.193.
1262     14.  Any portion of a qualified investment, as defined in
1263s. 288.9913, which is claimed as a deduction by the taxpayer and
1264taken as a credit against income tax pursuant to s. 288.9916.
1265     15.  The costs to acquire a tax credit pursuant to s.
1266288.1254(5) that are deducted from or otherwise reduce federal
1267taxable income for the taxable year.
1268     16.  The amount taken as a credit for the taxable year
1269pursuant to s. 220.194.
1270     17.  The amount taken as a credit for the taxable year
1271under s. 220.196. The addition in this subparagraph is intended
1272to ensure that the same amount is not allowed for the tax
1273purposes of this state as both a deduction from income and a
1274credit against the tax. The addition is not intended to result
1275in adding the same expense back to income more than once.
1276     Section 30.  For the purpose of incorporating the amendment
1277made by this act to section 290.016, Florida Statutes, in a
1278reference thereto, subsection (9) of section 220.181, Florida
1279Statutes, is reenacted to read:
1280     220.181  Enterprise zone jobs credit.-
1281     (9)  This section, except paragraph (1)(c) and subsection
1282(8), expires on the date specified in s. 290.016 for the
1283expiration of the Florida Enterprise Zone Act, and a business
1284may not begin claiming the enterprise zone jobs credit after
1285that date; however, the expiration of this section does not
1286affect the operation of any credit for which a business has
1287qualified under this section before that date, or any
1288carryforward of unused credit amounts as provided in paragraph
1289(1)(c).
1290     Section 31.  For the purpose of incorporating the amendment
1291made by this act to section 290.016, Florida Statutes, in a
1292reference thereto, subsection (14) of section 220.182, Florida
1293Statutes, is reenacted to read:
1294     220.182  Enterprise zone property tax credit.-
1295     (14)  This section expires on the date specified in s.
1296290.016 for the expiration of the Florida Enterprise Zone Act,
1297and a business may not begin claiming the enterprise zone
1298property tax credit after that date; however, the expiration of
1299this section does not affect the operation of any credit for
1300which a business has qualified under this section before that
1301date, or any carryforward of unused credit amounts as provided
1302in paragraph (1)(b).
1303     Section 32.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.