HB 1099

1
A bill to be entitled
2An act relating to enterprise zones; creating s. 290.201,
3F.S.; providing a short title; creating s. 290.203, F.S.;
4defining terms for the Urban Job Creation Investment Act;
5creating s. 290.205, F.S.; creating the Florida Urban
6Investment Job Creation Authority; providing for the
7authority's membership and duties; requiring the authority
8to submit annual reports and a fiscal impact study of each
9enterprise program zone to specified officers and
10agencies; creating s. 290.207, F.S.; creating a zone
11development corporation for each enterprise program zone;
12providing for the corporations' membership, officers, and
13duties; requiring that certificates of appointment be
14filed with the respective county or municipal clerk;
15authorizing reimbursement of travel expenses for board
16members; providing for employees and legal services of
17zone development corporations; requiring zone development
18corporations to submit annual reports to specified
19officers and agencies; creating s. 290.209, F.S.;
20providing for the designation of enterprise program zones;
21authorizing the authority to periodically amend the
22boundary of an enterprise program zone; requiring the
23authority to consider certain factors when designating or
24amending zone boundaries; creating s. 290.211, F.S.;
25providing qualifications for businesses to receive state
26enterprise program zone incentives; creating s. 290.213,
27F.S.; establishing enterprise program zone assistance
28funds; authorizing certain state incentives for the
29projects of qualified businesses; providing for project
30applications and the approval of projects; authorizing
31zone development corporations to use loan repayments and
32collected interest for specified purposes; providing that
33unexpended appropriations do not revert to the funds from
34which they were appropriated at the end of fiscal year;
35authorizing administrative fees for zone development
36corporations; creating s. 290.215, F.S.; authorizing
37certain tax credits, exemptions from unemployment
38contributions, and other state incentives for qualified
39businesses; limiting the amount of available incentives in
40any fiscal year; providing for the carryforward of unused
41incentives; providing for the allocation of certain
42appropriations among zone development corporations;
43creating s. 290.217, F.S.; requiring the Office of Program
44Policy Analysis and Government Accountability to submit a
45report to the Governor and Legislature; creating s.
46290.119, F.S.; providing for expiration of the Urban Job
47Creation Investment Act; abolishing designated enterprise
48program zones; creating ss. 212.0965 and 220.1815, F.S.;
49authorizing certain tax credits against the sales tax and
50corporate income tax for qualified businesses located in
51enterprise program zones; providing for application and
52certification of tax credits; providing for carryforward
53of unused corporate income tax credits; providing for
54expiration of tax credits; amending s. 220.02, F.S.;
55revising legislative intent for the order of applying
56corporate income tax credits; amending s. 443.1217, F.S.;
57exempting wages paid by qualified businesses to certain
58employees from unemployment contributions; amending s.
59290.016, F.S.; revising the effective date of the repeal
60of the Florida Enterprise Zone Act; reenacting ss.
61166.231(8)(c), 193.077(4), 193.085(5)(b), 195.073(4)(b),
62195.099(1)(b), 196.012(19), 205.022(4), 205.054(6),
63212.02(6), 212.08(5)(g), 212.096(12), 220.02(6)(c) and
64(7)(c), 220.03(1), 220.13(1)(a), 220.181(9), and
65220.182(14), F.S., relating to an exemption from the
66public service tax, certain duties of property appraisers
67and the Department of Revenue with respect to property
68acquired for a new business or a business expansion or
69restoration, definition of the term "enterprise zone" for
70purposes of property tax exemptions for homesteads, local
71business taxes, and the sales and use tax, exemptions from
72local business taxes and the sales and use tax, and
73legislative intent, definitions, and tax credits for the
74corporate income tax, to incorporate the amendment to s.
75290.016, F.S., in references thereto; providing an
76effective date.
77
78Be It Enacted by the Legislature of the State of Florida:
79
80     Section 1.  Section 290.201, Florida Statutes, is created
81to read:
82     290.201  Short title.-Sections 290.201-290.219 may be cited
83as the "Urban Job Creation Investment Act."
84     Section 2.  Section 290.203, Florida Statutes, is created
85to read:
86     290.203  Definitions.-As used in ss. 290.201-290.219, the
87term:
88     (1)  "Authority" means the Florida Urban Investment Job
89Creation Authority created under s. 290.205.
90     (2)  "Authorized local economic development agency" means a
91public or private entity, including an entity defined in s.
92288.075, authorized by a county or municipality to promote the
93general business or industrial interests of the county or
94municipality.
95     (3)  "Business" has the same meaning as provided in s.
96212.02.
97     (4)  "Emergency" means occurrence of widespread or severe
98damage, injury, or loss of life or property proclaimed under s.
9914.022 or declared under s. 252.36.
100     (5)  "Enterprise program zone" means an urban
101revitalization zone designated under s. 290.209 which is located
102in a legacy enterprise zone or federally designated empowerment
103zone.
104     (6)  "Enterprise program zone assistance fund" means a
105program that provides loans, loan guarantees, loan-loss
106reserves, or investments for projects of qualified businesses as
107provided in s. 290.213.
108     (7)  "Expansion of an existing business" means the
109expansion of an existing business located in an enterprise
110program zone by or through additions to real and personal
111property, resulting in a net increase in employment of not less
112than 10 percent at such business.
113     (8)  "Federally designated empowerment zone" means a
114geographic area of the state designated by the Federal
115Government as an empowerment zone under the Federal Empowerment
116Zone Program as defined in s. 290.0491.
117     (9)  "Florida Enterprise Zone Act" has the same meaning as
118provided in s. 290.001.
119     (10)  "Legacy enterprise zone" means an enterprise zone
120designated under the Florida Enterprise Zone Act.
121     (11)  "New business" means a business that applies for
122state incentives under ss. 290.201-290.219 before beginning
123operations in an enterprise program zone and that is a legal
124entity separate from any other commercial or industrial
125operations owned by the same business.
126     (12)  "Project" means the creation of a new business, or
127the expansion or rebuilding of an existing business, located in
128an enterprise program zone.
129     (13)  "Qualified business" means a business that meets the
130qualifications under s. 290.211 to receive state incentives
131under ss. 290.213 and 290.215.
132     (14)  "Rebuilding of an existing business" means
133replacement or restoration of real or tangible property
134destroyed or damaged in an emergency in an enterprise program
135zone by a business located in the zone.
136     (15)  "Zone development corporation" means a corporation
137not for profit created under s. 290.207 to administer an
138enterprise program zone.
139     Section 3.  Section 290.205, Florida Statutes, is created
140to read:
141     290.205  Florida Urban Investment Job Creation Authority;
142creation; membership and duties.-
143     (1)  There is created within the Office of Tourism, Trade,
144and Economic Development the Florida Urban Investment Job
145Creation Authority. The authority shall be composed of the
146following 11 members:
147     (a)  Five public-sector members, who shall be appointed by
148the Governor, at least three of whom must be employed or reside
149in an enterprise program zone or, for initial members, in a
150legacy enterprise zone or federally designated empowerment zone.
151The Governor may not appoint more than three public-sector
152members of the same political party affiliation. Public-sector
153members shall serve for terms of 4 years, except that the
154Governor, to establish staggered terms, may appoint members to
155initial terms of fewer than 4 years. The Governor shall fill the
156vacancy of a public-sector member for the unexpired portion of
157the member's term in the same manner as the original
158appointment.
159     (b)  One business owner, who shall be appointed by the
160Governor, whose principal place of business is located in an
161enterprise program zone or, for the initial member, in a legacy
162enterprise zone or federally designated empowerment zone.
163     (c)  The Chief Financial Officer of the state or his or her
164designee.
165     (d)  The director of the Office of Tourism, Trade, and
166Economic Development or his or her designee.
167     (e)  The president of Enterprise Florida, Inc., or his or
168her designee.
169     (f)  One member appointed by the President of the Senate
170and one member appointed by the Speaker of the House of
171Representatives, both of whom must have training and experience
172in local government, finance, economic development, or
173redevelopment or participate in volunteer, civic, or community
174organizations.
175     (2)  Each member shall hold office until his or her
176successor is appointed and qualified, unless the member ceases
177to be qualified or is removed from office.
178     (3)  The Office of Tourism, Trade, and Economic Development
179shall provide administrative and staff support services for the
180authority.
181     (4)  The authority shall:
182     (a)  Designate enterprise program zones in accordance with
183s. 290.209.
184     (b)  Approve or deny applications, based upon the
185recommendations of the zone development corporations, for the
186qualification of businesses to receive state incentives under
187ss. 290.213 and 290.215.
188     (c)  Certify annually to the Chief Financial Officer the
189amounts to be paid from the enterprise program zone assistance
190funds to support proposed projects under s. 290.213.
191     (d)  By February 15 of each year, submit an annual report
192to the Governor, the President of the Senate, the Speaker of the
193House of Representatives, and the Office of Tourism, Trade, and
194Economic Development on the authority's activities for the
195previous fiscal year. The report must include a complete
196financial statement setting forth the authority's assets,
197liabilities, income, and operating expenses as of the end of the
198fiscal year.
199     (5)  One year after the designation of the enterprise
200program zones under s. 290.209, the authority shall prepare a
201fiscal impact study of each enterprise program zone. The report
202shall include, but is not limited to, an analysis of the effects
203of each enterprise program zone on the economy of the county or
204municipality in which the enterprise program zone is located,
205and any recommendations for legislation to improve the
206effectiveness of the enterprise program zones. By July 1, 2014,
207the authority shall submit a copy of the report to the Governor,
208the President of the Senate, the Speaker of the House of
209Representatives, and the Chief Financial Officer of the state.
210After submitting the initial fiscal impact study, the authority
211shall prepare such report annually. The authority may use a
212portion of any funds provided for projects of qualified
213businesses by the enterprise program zone assistance funds to
214pay the costs of each study.
215     Section 4.  Section 290.207, Florida Statutes, is created
216to read:
217     290.207  Zone development corporations; creation; board of
218directors; membership.-
219     (1)  A zone development corporation shall be created within
220each legacy enterprise zone and federally designated empowerment
221zone in the state. Each zone development corporation shall be
222organized as a corporation not for profit.
223     (2)  The board of directors of each zone development
224corporation shall be composed of the following members:
225     (a)  One business owner, who shall be appointed by the
226Governor, whose principal place of business is located in the
227enterprise program zone or, for the initial member, in the
228legacy enterprise zone or federally designated empowerment zone.
229     (b)  Two business or community leaders who reside in, or
230whose principal place of business is located in, the enterprise
231program zone or, for initial members, in the legacy enterprise
232zone or federally designated empowerment zone, one of whom shall
233be appointed by the President of the Senate and one of whom
234shall be appointed by the Speaker of the House of
235Representatives.
236     (c)  For each county all or part of whose territory lies
237within the enterprise program zone or, for initial members,
238within the legacy enterprise zone or federally designated
239empowerment zone, one member appointed by the board of county
240commissioners of the county.
241     (d)  For each municipality all or part of whose territory
242lies within the enterprise program zone or, for initial members,
243within the legacy enterprise zone or federally designated
244empowerment zone, one member appointed by the governing board of
245the municipality.
246     (3)(a)  Board members shall serve terms of 4 years, except
247that members appointed by the President of the Senate and the
248Speaker of the House of Representatives shall serve terms of 2
249years. A vacancy of the unexpired portion of a member's term
250shall be filled in the same manner as the original appointment.
251Each board member shall hold office until his or her successor
252is appointed and qualified, unless the member ceases to be
253qualified or is removed from office.
254     (b)  Upon the appointment or reappointment of a board
255member, the corporation must file a certificate of appointment
256or reappointment with the clerk of the respective county or
257municipality.
258     (c)  Board members shall serve without compensation but are
259entitled to per diem and travel expenses as provided in s.
260112.061.
261     (4)(a)  Each zone development corporation shall select a
262chair and vice chair from among its members.
263     (b)  Subject to funding provided by a county, municipality,
264or authorized local economic development agency, a zone
265development corporation may employ or designate an executive
266director, technical experts, and other agents and employees,
267permanent and temporary, and determine their qualifications,
268duties, and compensation. For legal services, a zone development
269corporation may employ private counsel or use attorneys of the
270county, municipality, or authorized local economic development
271agency at the discretion of the county, municipality, or
272authorized local economic development agency.
273     (5)  Each zone development corporation shall:
274     (a)  Adopt and administer a zone development plan that sets
275forth the boundary of the enterprise program zone designated
276under s. 290.209, the development goals of the enterprise
277program zone, and direction for qualified businesses located in
278the enterprise program zone.
279     (b)  Conduct meetings of the board of directors at least
280quarterly to evaluate applications for qualified businesses to
281receive tax credits and other state incentives under s. 290.215.
282     (c)  Administer an enterprise program zone assistance fund
283to provide loans, loan guarantees, loan-loss reserves, and
284investments for projects of qualified businesses located in the
285enterprise program zone under s. 290.213.
286     (d)  Conduct an open public forum at least quarterly at
287which urban development projects and the use of enterprise
288program zone assistance funds may be proposed and discussed.
289     (6)(a)  By March 1 of each year, each zone development
290corporation shall submit to the county or municipal clerk a
291report of its activities for the previous fiscal year. The
292report must include a complete financial statement setting forth
293the corporation's assets, liabilities, income, and operating
294expenses as of the end of the fiscal year. When filing the
295report, each zone development corporation shall publish a notice
296in a newspaper of general circulation in the enterprise program
297zone that such report was filed with the respective county or
298municipal clerk and is available for inspection during business
299hours at the offices of the zone development corporation.
300     (b)  By February 15 of each year, each zone development
301corporation shall submit a report of its activities to the
302Governor, the President of the Senate, the Speaker of the House
303of Representatives, and the authority.
304     (c)  Each zone development corporation shall annually
305submit a report to the authority accounting for the expenditure
306of enterprise program zone assistance funds.
307     Section 5.  Section 290.209, Florida Statutes, is created
308to read:
309     290.209  Designation of enterprise program zones.-
310     (1)  The authority shall, in each legacy enterprise zone
311and federally designated empowerment zone in the state,
312establish an enterprise program zone and designate the
313geographic boundary of the zone.
314     (2)  By October 1, 2011, each zone development corporation
315shall submit to the authority the following:
316     (a)  An economic report prepared by the corporation for the
317respective enterprise program zone. The report must include
318current census data and other economic indicators that identify
319the most economically distressed areas in the legacy enterprise
320zone or federally designated empowerment zone.
321     (b)  The corporation's written recommendations for the
322initial boundary of the enterprise program zone based upon
323findings of the economic report.
324     (3)  Before establishing the initial boundary of an
325enterprise program zone, the authority must consider:
326     (a)  The zone development corporation's economic report and
327recommendations for the initial boundary.
328     (b)  The historical boundary of the legacy enterprise zone
329or federally designated empowerment zone.
330     (4)  A zone development corporation may periodically apply
331to the authority for amendment of the enterprise program zone's
332boundary. The application must be based on a revised economic
333report and recommendations submitted to the authority in the
334same manner as provided under paragraphs (2)(a) and (b) for the
335initial boundary. Before amending the boundary, the authority
336must consider the factors described in paragraphs (3)(a) and (b)
337and the historical boundary of the enterprise program zone.
338     (5)  The total area of an enterprise program zone may not
339exceed 25 percent of the total area of the legacy enterprise
340zone or federally designated empowerment zone.
341     Section 6.  Section 290.211, Florida Statutes, is created
342to read:
343     290.211  Qualified businesses.-
344     (1)  Effective July 1, 2012, a business is qualified to
345receive the state incentives provided under s. 290.215 if:
346     (a)  The business is authorized to transact business in the
347state.
348     (b)  The business is actively engaged in the conduct of a
349trade or business located in an enterprise program zone
350designated under s. 290.209.
351     (c)  The business is not an adult entertainment
352establishment as defined in s. 847.001.
353     (d)  At least 25 percent of the business' full-time
354employees:
355     1.  Reside in the enterprise program zone;
356     2.  Reside in the state and were totally unemployed as
357defined in s. 443.036(43)(a) for at least 6 months before
358employment by the business;
359     3.  Were recipients of temporary cash assistance under s.
360414.045 for at least 6 months before employment by the business;
361or
362     4.  Are low-income individuals as defined in the federal
363Workforce Investment Act, Pub. L. 105-220, 29 U.S.C. s. 2801.
364     (2)  A qualified business must maintain its qualifications
365under subsection (1) to continue to receive the state incentives
366provided under s. 290.215. Upon ceasing to meet the
367qualifications, a business may not receive additional
368incentives.
369     Section 7.  Section 290.213, Florida Statutes, is created
370to read:
371     290.213  Enterprise program zone assistance funds.-
372     (1)(a)  Effective July 1, 2012, and subject to legislative
373appropriations, each zone development corporation shall
374administer a separate assistance fund to provide loans, loan
375guarantees, loan-loss reserves, and investments for projects of
376qualified businesses located in the corporation's enterprise
377program zone.
378     (b)  Each zone development corporation shall develop
379criteria for the approval of projects in its enterprise program
380zone relating to comprehensive urban planning, neighborhood
381aesthetics and compatibility, and the maximization of economic
382development and job creation opportunities.
383     (2)(a)  To receive assistance for a project under this
384section, a qualified business must apply to the zone development
385corporation. The application shall be developed by the authority
386in consultation with the Office of Tourism, Trade, and Economic
387Development. The application must demonstrate whether the
388business is a new business or an expansion or rebuilding of an
389existing business located in the enterprise program zone.
390     (b)  The zone development corporation shall review and,
391based upon the corporation's criteria, evaluate each submitted
392application and recommend approval or disapproval to the
393authority.
394     (c)  Upon receipt of an application and recommendation from
395the zone development corporation, the authority shall review,
396evaluate, and determine whether to approve or deny the
397application. The authority shall notify the applicant, the zone
398development corporation, and the Office of Tourism, Trade, and
399Economic Development of each approved application.
400     (d)  If the authority denies an application, it shall
401notify the applicant and the zone development corporation and
402describe the reasons for denial. The authority has final
403approval authority for projects under this section.
404     (3)  A zone development corporation shall use any loan
405repayments and collected interest to provide additional
406assistance to qualified businesses for projects under this
407section.
408     (4)  Unexpended balances of an appropriation provided for
409assistance to qualified businesses under this section shall not
410revert to the fund from which the appropriation was made at the
411end of the fiscal year but shall be retained in the Economic
412Development Trust Fund and be carried forward to provide
413additional assistance to qualified businesses under this section
414during the following fiscal year.
415     (5)  A zone development corporation may collect an
416administrative fee not exceed 10 percent of the assistance
417provided to qualified businesses under this section.
418     Section 8.  Section 290.215, Florida Statutes, is created
419to read:
420     290.215  State incentives available for enterprise program
421zones; tax increment financing.-
422     (1)  Effective July 1, 2012, the following state incentives
423are available for qualified businesses located in an enterprise
424program zone:
425     (a)  The enterprise program zone sales and use tax credits
426provided under s. 212.0965.
427     (b)  The enterprise program zone corporate income tax
428credits provided under s. 220.183.
429     (c)  Loans, loan guarantees, loan-loss reserves, and
430investments provided for projects by enterprise program zone
431assistance funds under s. 290.213.
432     (d)  A credit against unemployment contributions provided
433under s. 443.1217(2)(h).
434     (2)  By June 1, 2012, the authority, in consultation with
435the Office of Tourism, Trade, and Economic Development and the
436Department of Revenue, shall determine the tax floor for each
437enterprise program zone designated under s. 290.209. As used in
438this section, the term "tax floor" means the aggregate amount of
439sales and use tax collections from all businesses in an
440enterprise program zone for the 2010-2011 fiscal year.
441     (3)(a)  By June 1 of each year, the authority, in
442consultation with the Office of Tourism, Trade, and Economic
443Development and the Department of Revenue, shall calculate the
444maximum aggregate amount of state incentives described in
445paragraphs (1)(a)-(c) which are available for each enterprise
446program zone for the following fiscal year. Such maximum amount
447may not exceed the aggregate amount of the sales and use tax
448collections from all businesses in the enterprise program zone
449during the previous fiscal year which exceed the tax floor
450established for the enterprise program zone under subsection
451(2).
452     (b)  Any portion of the maximum amount of state incentives
453established per fiscal year that is not used by the end of a
454fiscal year shall be carried forward and made available for use
455during the following 2 fiscal years in addition to the amounts
456available for use under paragraph (a) for those fiscal years.
457     (4)(a)  The authority shall annually allocate legislative
458appropriations among the zone development corporations for the
459enterprise program zone assistance funds provided to projects of
460qualified businesses under s. 290.213. The authority shall
461certify annually to the State Treasurer amounts to be paid from
462the Economic Development Trust Fund to support the approved
463projects.
464     (b)  The amount available for state incentives in the
465enterprise program zone, including tax credits, loans, loan
466guarantees, loan-loss reserves, and investments authorized in
467paragraphs (1)(a)-(c), may not exceed the maximum aggregate
468amount calculated for these incentives under paragraph (3)(a).
469     Section 9.  Section 290.217, Florida Statutes, is created
470to read:
471     290.217  Review of enterprise program zones.-
472     (1)  By January 15, 2021, the Office of Program Policy
473Analysis and Government Accountability shall submit a report to
474the Governor, the President of the Senate, and the Speaker of
475the House of Representatives of its findings and recommendations
476on the Urban Job Creation Investment Act. The report shall
477review and evaluate the effectiveness of each enterprise program
478zone using the annual fiscal reports prepared by the authority
479under s. 290.205(5). The report shall also evaluate whether the
480state incentives provided to businesses in each enterprise
481program zone caused or contributed to:
482     (a)  New investment and development in the enterprise
483program zone;
484     (b)  An increased number of jobs created or retained in the
485enterprise program zone;
486     (c)  The renovation, rehabilitation, restoration,
487improvement, or new construction of businesses or housing in the
488enterprise program zone; or
489     (d)  The economic viability and profitability of businesses
490and commerce in the enterprise program zone.
491     (2)  Before the 2021 Regular Session of the Legislature,
492the appropriate committees of the Senate and House of
493Representatives shall consider legislation to implement the
494report's recommendations.
495     Section 10.  Section 290.219, Florida Statutes, is created
496to read:
497     290.219  Expiration.-
498     (1)  Sections 290.201-290.219 expire June 30, 2021.
499     (2)  Effective June 30, 2021, each enterprise program zone
500designated under s. 290.209 is abolished, and a business may not
501claim or receive a state incentive provided under s. 290.213 or
502s. 290.215 after that date.
503     Section 11.  Section 212.0965, Florida Statutes, is created
504to read:
505     212.0965  Sales, rental, storage, use tax; enterprise
506program zone credit against sales tax.-
507     (1)  Effective July 1, 2012, there shall be allowed the
508following credits against the tax imposed by this chapter for
509any qualified business as defined in s. 290.203 located in an
510enterprise program zone:
511     (a)  A credit equal to 50 percent of the business' sales
512and use tax liability imposed under this chapter, except for tax
513liability resulting from the purchase of a new or used motor
514vehicle or mobile home or the sale of obscene material as
515defined in s. 847.0133.
516     (b)  A credit equal to 50 percent of the business' sales
517and use tax liability from the purchase of tangible personal
518property that has a depreciable life of 3 years of more.
519     (2)(a)  To be eligible to receive a tax credit provided
520under paragraph (1)(a) or paragraph (1)(b), a qualified business
521must initially apply to the zone development corporation created
522under s. 290.207.
523     (b)  An original certification is valid for 2 years. In
524lieu of submitting a new application, the original certification
525may be renewed biennially by submitting to the Florida Urban
526Investment Job Creation Authority a statement, certified under
527oath, that there has been no material change in the conditions
528or circumstances entitling the qualified business to the
529original certification. The initial application and the
530certification renewal statement shall be developed by the
531Florida Urban Investment Job Creation Authority in consultation
532with the Office of Tourism, Trade, and Economic Development and
533the department.
534     (c)  The zone development corporation shall review each
535submitted initial application and determine whether or not the
536application is complete. Once complete, the zone development
537corporation shall evaluate the application and recommend
538approval or disapproval to the Florida Urban Investment Job
539Creation Authority.
540     (d)  Upon receipt of an initial application and
541recommendation from the zone development corporation, or upon
542receipt of a certification renewal statement, the Florida Urban
543Investment Job Creation Authority shall certify qualified
544businesses that meet the requirements of s. 290.211 and notify
545the applicant, the zone development corporation, the Office of
546Tourism, Trade, and Economic Development, and the department of
547the original certification or certification renewal.
548     (e)  If the Florida Urban Investment Job Creation Authority
549finds that the applicant does not meet the requirements of s.
550290.211, it shall notify the applicant and the zone development
551corporation that the application for certification is denied and
552the reasons for denial. The Florida Urban Investment Job
553Creation Authority has final approval authority for
554certification under this section.
555     (3)  This section expires on the date specified in s.
556290.219 for the expiration of the Urban Job Creation Investment
557Act.
558     Section 12.  Section 220.1815, Florida Statutes, is created
559to read:
560     220.1815  Enterprise program zone tax credits.-
561     (1)  Effective July 1, 2012, there shall be allowed the
562following credits against the tax imposed by this chapter for
563any qualified business as defined in s. 290.203 located in an
564enterprise program zone:
565     (a)  A credit equal to 8 percent of the business' corporate
566income tax liability imposed under this chapter.
567     (b)  A credit equal to $1,500 of the business' corporate
568income tax liability for hiring a new full-time employee who
569resides in the enterprise program zone, if such employee
570received temporary cash assistance under s. 414.045, or was
571totally unemployed as defined in s. 443.036(43)(a), for at least
57290 days before such employment. The tax credit provided under
573this paragraph may be claimed only once per new full-time
574employee for the taxable year during which the business
575initially hires such employee.
576     (2)(a)  To be eligible to receive a tax credit provided
577under paragraph (1)(a) or paragraph (1)(b), a qualified business
578must initially apply to the zone development corporation created
579under s. 290.207. The application shall be developed by the
580Florida Urban Investment Job Creation Authority in consultation
581with the Office of Tourism, Trade, and Economic Development and
582the 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 or not the
593application is complete. Once complete, the zone development
594corporation shall evaluate the application and recommend
595approval or disapproval to the Florida Urban Investment Job
596Creation Authority.
597     (d)  Upon receipt of an application and recommendation from
598the zone development corporation, the Florida Urban Investment
599Job Creation Authority shall certify qualified businesses that
600meet the requirements of s. 290.211 and this section and notify
601the applicant, the zone development corporation, the Office of
602Tourism, Trade, and Economic Development, and the department of
603the certification.
604     (e)  If the Florida Urban Investment Job Creation Authority
605finds that the applicant does not meet the requirements of s.
606290.211 or this section, it shall notify the applicant and the
607zone development corporation that the application for
608certification is denied and the reasons for denial. The Florida
609Urban Investment Job Creation Authority has final approval
610authority for certification under this section.
611     (3)  If a tax credit certified under this section is not
612fully used in any one year, the unused amount may be carried
613forward for a period not to exceed 5 years. The carryover credit
614may be used in a subsequent year when the tax imposed by this
615chapter for such year exceeds the credit for such year after
616applying the other credits and unused credit carryovers in the
617order provided in s. 220.02(8).
618     (4)  This section expires on the date specified in s.
619290.219 for the expiration of the Urban Job Creation Investment
620Act.
621     Section 13.  Subsection (8) of section 220.02, Florida
622Statutes, is amended to read:
623     220.02  Legislative intent.-
624     (8)  It is the intent of the Legislature that credits
625against either the corporate income tax or the franchise tax be
626applied in the following order: those enumerated in s. 631.828,
627those enumerated in s. 220.191, those enumerated in s. 220.181,
628those enumerated in s. 220.183, those enumerated in s. 220.182,
629those enumerated in s. 220.1895, those enumerated in s. 221.02,
630those enumerated in s. 220.184, those enumerated in s. 220.186,
631those enumerated in s. 220.1845, those enumerated in s. 220.19,
632those enumerated in s. 220.185, those enumerated in s. 220.1875,
633those enumerated in s. 220.192, those enumerated in s. 220.193,
634those enumerated in s. 288.9916, those enumerated in s.
635220.1899, and those enumerated in s. 220.1896, and those
636enumerated in s. 220.1815.
637     Section 14.  Paragraph (h) is added to subsection (2) of
638section 443.1217, Florida Statutes, to read:
639     443.1217  Wages.-
640     (2)  For the purpose of determining an employer's
641contributions, the following wages are exempt from this chapter:
642     (h)  Beginning July 1, 2012, remuneration paid by a
643qualified business as defined in s. 290.203 to an individual who
644earns less than $4,500 during the calendar quarter.
645     Section 15.  Section 290.016, Florida Statutes, is amended
646to read:
647     290.016  Repeal.-Sections 290.001-290.014 are repealed June
64830, 2012 December 31, 2015.
649     Section 16.  For the purpose of incorporating the amendment
650made by this act to section 290.016, Florida Statutes, in a
651reference thereto, paragraph (c) of subsection (8) of section
652166.231, Florida Statutes, is reenacted to read:
653     166.231  Municipalities; public service tax.-
654     (8)
655     (c)  This subsection expires on the date specified in s.
656290.016 for the expiration of the Florida Enterprise Zone Act,
657except that any qualified business that has satisfied the
658requirements of this subsection before that date shall be
659allowed the full benefit of the exemption allowed under this
660subsection as if this subsection had not expired on that date.
661     Section 17.  For the purpose of incorporating the amendment
662made by this act to section 290.016, Florida Statutes, in a
663reference thereto, subsection (4) of section 193.077, Florida
664Statutes, is reenacted to read:
665     193.077  Notice of new, rebuilt, or expanded property.-
666     (4)  This section expires on the date specified in s.
667290.016 for the expiration of the Florida Enterprise Zone Act.
668     Section 18.  For the purpose of incorporating the amendment
669made by this act to section 290.016, Florida Statutes, in a
670reference thereto, paragraph (b) of subsection (5) of section
671193.085, Florida Statutes, is reenacted to read:
672     193.085  Listing all property.-
673     (5)
674     (b)  This subsection expires on the date specified in s.
675290.016 for the expiration of the Florida Enterprise Zone Act.
676     Section 19.  For the purpose of incorporating the amendment
677made by this act to section 290.016, Florida Statutes, in a
678reference thereto, paragraph (b) of subsection (4) of section
679195.073, Florida Statutes, is reenacted to read:
680     195.073  Classification of property.-All items required by
681law to be on the assessment rolls must receive a classification
682based upon the use of the property. The department shall
683promulgate uniform definitions for all classifications. The
684department may designate other subclassifications of property.
685No assessment roll may be approved by the department which does
686not show proper classifications.
687     (4)
688     (b)  This subsection expires on the date specified in s.
689290.016 for the expiration of the Florida Enterprise Zone Act.
690     Section 20.  For the purpose of incorporating the amendment
691made by this act to section 290.016, Florida Statutes, in a
692reference thereto, paragraph (b) of subsection (1) of section
693195.099, Florida Statutes, is reenacted to read:
694     195.099  Periodic review.-
695     (1)
696     (b)  This subsection shall expire on the date specified in
697s. 290.016 for the expiration of the Florida Enterprise Zone
698Act.
699     Section 21.  For the purpose of incorporating the amendment
700made by this act to section 290.016, Florida Statutes, in a
701reference thereto, subsection (19) of section 196.012, Florida
702Statutes, is reenacted to read:
703     196.012  Definitions.-For the purpose of this chapter, the
704following terms are defined as follows, except where the context
705clearly indicates otherwise:
706     (19)  "Enterprise zone" means an area designated as an
707enterprise zone pursuant to s. 290.0065. This subsection expires
708on the date specified in s. 290.016 for the expiration of the
709Florida Enterprise Zone Act.
710     Section 22.  For the purpose of incorporating the amendment
711made by this act to section 290.016, Florida Statutes, in a
712reference thereto, subsection (4) of section 205.022, Florida
713Statutes, is reenacted to read:
714     205.022  Definitions.-When used in this chapter, the
715following terms and phrases shall have the meanings ascribed to
716them in this section, except when the context clearly indicates
717a different meaning:
718     (4)  "Enterprise zone" means an area designated as an
719enterprise zone pursuant to s. 290.0065. This subsection expires
720on the date specified in s. 290.016 for the expiration of the
721Florida Enterprise Zone Act.
722     Section 23.  For the purpose of incorporating the amendment
723made by this act to section 290.016, Florida Statutes, in a
724reference thereto, subsection (6) of section 205.054, Florida
725Statutes, is reenacted to read:
726     205.054  Business tax; partial exemption for engaging in
727business or occupation in enterprise zone.-
728     (6)  This section expires on the date specified in s.
729290.016 for the expiration of the Florida Enterprise Zone Act;
730and a receipt may not be issued with the exemption authorized in
731this section for any period beginning on or after that date.
732     Section 24.  For the purpose of incorporating the amendment
733made by this act to section 290.016, Florida Statutes, in a
734reference thereto, subsection (6) of section 212.02, Florida
735Statutes, is reenacted to read:
736     212.02  Definitions.-The following terms and phrases when
737used in this chapter have the meanings ascribed to them in this
738section, except where the context clearly indicates a different
739meaning:
740     (6)  "Enterprise zone" means an area of the state
741designated pursuant to s. 290.0065. This subsection expires on
742the date specified in s. 290.016 for the expiration of the
743Florida Enterprise Zone Act.
744     Section 25.  For the purpose of incorporating the amendment
745made by this act to section 290.016, Florida Statutes, in a
746reference thereto, paragraph (g) of subsection (5) of section
747212.08, Florida Statutes, is reenacted to read:
748     212.08  Sales, rental, use, consumption, distribution, and
749storage tax; specified exemptions.-The sale at retail, the
750rental, the use, the consumption, the distribution, and the
751storage to be used or consumed in this state of the following
752are hereby specifically exempt from the tax imposed by this
753chapter.
754     (5)  EXEMPTIONS; ACCOUNT OF USE.-
755     (g)  Building materials used in the rehabilitation of real
756property located in an enterprise zone.-
757     1.  Building materials used in the rehabilitation of real
758property located in an enterprise zone are exempt from the tax
759imposed by this chapter upon an affirmative showing to the
760satisfaction of the department that the items have been used for
761the rehabilitation of real property located in an enterprise
762zone. Except as provided in subparagraph 2., this exemption
763inures to the owner, lessee, or lessor at the time the real
764property is rehabilitated, but only through a refund of
765previously paid taxes. To receive a refund pursuant to this
766paragraph, the owner, lessee, or lessor of the rehabilitated
767real property must file an application under oath with the
768governing body or enterprise zone development agency having
769jurisdiction over the enterprise zone where the business is
770located, as applicable. A single application for a refund may be
771submitted for multiple, contiguous parcels that were part of a
772single parcel that was divided as part of the rehabilitation of
773the property. All other requirements of this paragraph apply to
774each parcel on an individual basis. The application must
775include:
776     a.  The name and address of the person claiming the refund.
777     b.  An address and assessment roll parcel number of the
778rehabilitated real property for which a refund of previously
779paid taxes is being sought.
780     c.  A description of the improvements made to accomplish
781the rehabilitation of the real property.
782     d.  A copy of a valid building permit issued by the county
783or municipal building department for the rehabilitation of the
784real property.
785     e.  A sworn statement, under penalty of perjury, from the
786general contractor licensed in this state with whom the
787applicant contracted to make the improvements necessary to
788rehabilitate the real property, which lists the building
789materials used to rehabilitate the real property, the actual
790cost of the building materials, and the amount of sales tax paid
791in this state on the building materials. If a general contractor
792was not used, the applicant, not a general contractor, shall
793make the sworn statement required by this sub-subparagraph.
794Copies of the invoices that evidence the purchase of the
795building materials used in the rehabilitation and the payment of
796sales tax on the building materials must be attached to the
797sworn statement provided by the general contractor or by the
798applicant. Unless the actual cost of building materials used in
799the rehabilitation of real property and the payment of sales
800taxes is documented by a general contractor or by the applicant
801in this manner, the cost of the building materials is deemed to
802be an amount equal to 40 percent of the increase in assessed
803value for ad valorem tax purposes.
804     f.  The identifying number assigned pursuant to s. 290.0065
805to the enterprise zone in which the rehabilitated real property
806is located.
807     g.  A certification by the local building code inspector
808that the improvements necessary to rehabilitate the real
809property are substantially completed.
810     h.  A statement of whether the business is a small business
811as defined by s. 288.703(1).
812     i.  If applicable, the name and address of each permanent
813employee of the business, including, for each employee who is a
814resident of an enterprise zone, the identifying number assigned
815pursuant to s. 290.0065 to the enterprise zone in which the
816employee resides.
817     2.  This exemption inures to a municipality, county, other
818governmental unit or agency, or nonprofit community-based
819organization through a refund of previously paid taxes if the
820building materials used in the rehabilitation are paid for from
821the funds of a community development block grant, State Housing
822Initiatives Partnership Program, or similar grant or loan
823program. To receive a refund, a municipality, county, other
824governmental unit or agency, or nonprofit community-based
825organization must file an application that includes the same
826information required in subparagraph 1. In addition, the
827application must include a sworn statement signed by the chief
828executive officer of the municipality, county, other
829governmental unit or agency, or nonprofit community-based
830organization seeking a refund which states that the building
831materials for which a refund is sought were funded by a
832community development block grant, State Housing Initiatives
833Partnership Program, or similar grant or loan program.
834     3.  Within 10 working days after receipt of an application,
835the governing body or enterprise zone development agency shall
836review the application to determine if it contains all the
837information required by subparagraph 1. or subparagraph 2. and
838meets the criteria set out in this paragraph. The governing body
839or agency shall certify all applications that contain the
840required information and are eligible to receive a refund. If
841applicable, the governing body or agency shall also certify if
84220 percent of the employees of the business are residents of an
843enterprise zone, excluding temporary and part-time employees.
844The certification must be in writing, and a copy of the
845certification shall be transmitted to the executive director of
846the department. The applicant is responsible for forwarding a
847certified application to the department within the time
848specified in subparagraph 4.
849     4.  An application for a refund must be submitted to the
850department within 6 months after the rehabilitation of the
851property is deemed to be substantially completed by the local
852building code inspector or by November 1 after the rehabilitated
853property is first subject to assessment.
854     5.  Only one exemption through a refund of previously paid
855taxes for the rehabilitation of real property is permitted for
856any single parcel of property unless there is a change in
857ownership, a new lessor, or a new lessee of the real property. A
858refund may not be granted unless the amount to be refunded
859exceeds $500. A refund may not exceed the lesser of 97 percent
860of the Florida sales or use tax paid on the cost of the building
861materials used in the rehabilitation of the real property as
862determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
863at least 20 percent of the employees of the business are
864residents of an enterprise zone, excluding temporary and part-
865time employees, the amount of refund may not exceed the lesser
866of 97 percent of the sales tax paid on the cost of the building
867materials or $10,000. A refund shall be made within 30 days
868after formal approval by the department of the application for
869the refund.
870     6.  The department shall adopt rules governing the manner
871and form of refund applications and may establish guidelines as
872to the requisites for an affirmative showing of qualification
873for exemption under this paragraph.
874     7.  The department shall deduct an amount equal to 10
875percent of each refund granted under this paragraph from the
876amount transferred into the Local Government Half-cent Sales Tax
877Clearing Trust Fund pursuant to s. 212.20 for the county area in
878which the rehabilitated real property is located and shall
879transfer that amount to the General Revenue Fund.
880     8.  For the purposes of the exemption provided in this
881paragraph, the term:
882     a.  "Building materials" means tangible personal property
883that becomes a component part of improvements to real property.
884     b.  "Real property" has the same meaning as provided in s.
885192.001(12), except that the term does not include a condominium
886parcel or condominium property as defined in s. 718.103.
887     c.  "Rehabilitation of real property" means the
888reconstruction, renovation, restoration, rehabilitation,
889construction, or expansion of improvements to real property.
890     d.  "Substantially completed" has the same meaning as
891provided in s. 192.042(1).
892     9.  This paragraph expires on the date specified in s.
893290.016 for the expiration of the Florida Enterprise Zone Act.
894     Section 26.  For the purpose of incorporating the amendment
895made by this act to section 290.016, Florida Statutes, in a
896reference thereto, subsection (12) of section 212.096, Florida
897Statutes, is reenacted to read:
898     212.096  Sales, rental, storage, use tax; enterprise zone
899jobs credit against sales tax.-
900     (12)  This section, except for subsection (11), expires on
901the date specified in s. 290.016 for the expiration of the
902Florida Enterprise Zone Act.
903     Section 27.  For the purpose of incorporating the amendment
904made by this act to section 290.016, Florida Statutes, in
905references thereto, paragraph (c) of subsection (6) and
906paragraph (c) of subsection (7) of section 220.02, Florida
907Statutes, are reenacted to read:
908     220.02  Legislative intent.-
909     (6)
910     (c)  This subsection expires on the date specified in s.
911290.016 for the expiration of the Florida Enterprise Zone Act.
912     (7)
913     (c)  This subsection expires on the date specified in s.
914290.016 for the expiration of the Florida Enterprise Zone Act.
915     Section 28.  For the purpose of incorporating the amendment
916made by this act to section 290.016, Florida Statutes, in
917references thereto, subsection (1) of section 220.03, Florida
918Statutes, is reenacted to read:
919     220.03  Definitions.-
920     (1)  SPECIFIC TERMS.-When used in this code, and when not
921otherwise distinctly expressed or manifestly incompatible with
922the intent thereof, the following terms shall have the following
923meanings:
924     (a)  "Ad valorem taxes paid" means 96 percent of property
925taxes levied for operating purposes and does not include
926interest, penalties, or discounts foregone. In addition, the
927term "ad valorem taxes paid," for purposes of the credit in s.
928220.182, means the ad valorem tax paid on new or additional real
929or personal property acquired to establish a new business or
930facilitate a business expansion, including pollution and waste
931control facilities, or any part thereof, and including one or
932more buildings or other structures, machinery, fixtures, and
933equipment. This paragraph expires on the date specified in s.
934290.016 for the expiration of the Florida Enterprise Zone Act.
935     (b)  "Affiliated group of corporations" means two or more
936corporations which constitute an affiliated group of
937corporations as defined in s. 1504(a) of the Internal Revenue
938Code.
939     (c)  "Business" or "business firm" means any business
940entity authorized to do business in this state as defined in
941paragraph (e), and any bank or savings and loan association as
942defined in s. 220.62, subject to the tax imposed by the
943provisions of this chapter. This paragraph expires on the date
944specified in s. 290.016 for the expiration of the Florida
945Enterprise Zone Act.
946     (d)  "Community contribution" means the grant by a business
947firm of any of the following items:
948     1.  Cash or other liquid assets.
949     2.  Real property.
950     3.  Goods or inventory.
951     4.  Other physical resources as identified by the
952department.
953
954This paragraph expires on the date specified in s. 290.016 for
955the expiration of the Florida Enterprise Zone Act.
956     (e)  "Corporation" includes all domestic corporations;
957foreign corporations qualified to do business in this state or
958actually doing business in this state; joint-stock companies;
959limited liability companies, under chapter 608; common-law
960declarations of trust, under chapter 609; corporations not for
961profit, under chapter 617; agricultural cooperative marketing
962associations, under chapter 618; professional service
963corporations, under chapter 621; foreign unincorporated
964associations, under chapter 622; private school corporations,
965under chapter 623; foreign corporations not for profit which are
966carrying on their activities in this state; and all other
967organizations, associations, legal entities, and artificial
968persons which are created by or pursuant to the statutes of this
969state, the United States, or any other state, territory,
970possession, or jurisdiction. The term "corporation" does not
971include proprietorships, even if using a fictitious name;
972partnerships of any type, as such; limited liability companies
973that are taxable as partnerships for federal income tax
974purposes; state or public fairs or expositions, under chapter
975616; estates of decedents or incompetents; testamentary trusts;
976or private trusts.
977     (f)  "Department" means the Department of Revenue of this
978state.
979     (g)  "Director" means the executive director of the
980Department of Revenue and, when there has been an appropriate
981delegation of authority, the executive director's delegate.
982     (h)  "Earned," "accrued," "paid," or "incurred" shall be
983construed according to the method of accounting upon the basis
984of which a taxpayer's income is computed under this code.
985     (i)  "Emergency," as used in s. 220.02 and in paragraph (u)
986of this subsection, means occurrence of widespread or severe
987damage, injury, or loss of life or property proclaimed pursuant
988to s. 14.022 or declared pursuant to s. 252.36. This paragraph
989expires on the date specified in s. 290.016 for the expiration
990of the Florida Enterprise Zone Act.
991     (j)  "Enterprise zone" means an area in the state
992designated pursuant to s. 290.0065. This paragraph expires on
993the date specified in s. 290.016 for the expiration of the
994Florida Enterprise Zone Act.
995     (k)  "Expansion of an existing business," for the purposes
996of the enterprise zone property tax credit, means any business
997entity authorized to do business in this state as defined in
998paragraph (e), and any bank or savings and loan association as
999defined in s. 220.62, subject to the tax imposed by the
1000provisions of this chapter, located in an enterprise zone, which
1001expands by or through additions to real and personal property
1002and which establishes five or more new jobs to employ five or
1003more additional full-time employees at such location. This
1004paragraph expires on the date specified in s. 290.016 for the
1005expiration of the Florida Enterprise Zone Act.
1006     (l)  "Fiscal year" means an accounting period of 12 months
1007or less ending on the last day of any month other than December
1008or, in the case of a taxpayer with an annual accounting period
1009of 52-53 weeks under s. 441(f) of the Internal Revenue Code, the
1010period determined under that subsection.
1011     (m)  "Includes" or "including," when used in a definition
1012contained in this code, shall not be deemed to exclude other
1013things otherwise within the meaning of the term defined.
1014     (n)  "Internal Revenue Code" means the United States
1015Internal Revenue Code of 1986, as amended and in effect on
1016January 1, 2010, except as provided in subsection (3).
1017     (o)  "Local government" means any county or incorporated
1018municipality in the state. This paragraph expires on the date
1019specified in s. 290.016 for the expiration of the Florida
1020Enterprise Zone Act.
1021     (p)  "New business," for the purposes of the enterprise
1022zone property tax credit, means any business entity authorized
1023to do business in this state as defined in paragraph (e), or any
1024bank or savings and loan association as defined in s. 220.62,
1025subject to the tax imposed by the provisions of this chapter,
1026first beginning operations on a site located in an enterprise
1027zone and clearly separate from any other commercial or
1028industrial operations owned by the same entity, bank, or savings
1029and loan association and which establishes five or more new jobs
1030to employ five or more additional full-time employees at such
1031location. This paragraph expires on the date specified in s.
1032290.016 for the expiration of the Florida Enterprise Zone Act.
1033     (q)  "New employee," for the purposes of the enterprise
1034zone jobs credit, means a person residing in an enterprise zone
1035or a participant in the welfare transition program who is
1036employed at a business located in an enterprise zone who begins
1037employment in the operations of the business after July 1, 1995,
1038and who has not been previously employed full time within the
1039preceding 12 months by the business or a successor business
1040claiming the credit pursuant to s. 220.181. A person shall be
1041deemed to be employed by such a business if the person performs
1042duties in connection with the operations of the business on a
1043full-time basis, provided she or he is performing such duties
1044for an average of at least 36 hours per week each month. The
1045person must be performing such duties at a business site located
1046in an enterprise zone. This paragraph expires on the date
1047specified in s. 290.016 for the expiration of the Florida
1048Enterprise Zone Act.
1049     (r)  "Nonbusiness income" means rents and royalties from
1050real or tangible personal property, capital gains, interest,
1051dividends, and patent and copyright royalties, to the extent
1052that they do not arise from transactions and activities in the
1053regular course of the taxpayer's trade or business. The term
1054"nonbusiness income" does not include income from tangible and
1055intangible property if the acquisition, management, and
1056disposition of the property constitute integral parts of the
1057taxpayer's regular trade or business operations, or any amounts
1058which could be included in apportionable income without
1059violating the due process clause of the United States
1060Constitution. For purposes of this definition, "income" means
1061gross receipts less all expenses directly or indirectly
1062attributable thereto. Functionally related dividends are
1063presumed to be business income.
1064     (s)  "Partnership" includes a syndicate, group, pool, joint
1065venture, or other unincorporated organization through or by
1066means of which any business, financial operation, or venture is
1067carried on, including a limited partnership; and the term
1068"partner" includes a member having a capital or a profits
1069interest in a partnership.
1070     (t)  "Project" means any activity undertaken by an eligible
1071sponsor, as defined in s. 220.183(2)(c), which is designed to
1072construct, improve, or substantially rehabilitate housing that
1073is affordable to low-income or very-low-income households as
1074defined in s. 420.9071(19) and (28); designed to provide
1075commercial, industrial, or public resources and facilities; or
1076designed to improve entrepreneurial and job-development
1077opportunities for low-income persons. A project may be the
1078investment necessary to increase access to high-speed broadband
1079capability in rural communities with enterprise zones, including
1080projects that result in improvements to communications assets
1081that are owned by a business. A project may include the
1082provision of museum educational programs and materials that are
1083directly related to any project approved between January 1,
10841996, and December 31, 1999, and located in an enterprise zone
1085designated pursuant to s. 290.0065. This paragraph does not
1086preclude projects that propose to construct or rehabilitate low-
1087income or very-low-income housing on scattered sites. With
1088respect to housing, contributions may be used to pay the
1089following eligible project-related activities:
1090     1.  Project development, impact, and management fees for
1091low-income or very-low-income housing projects;
1092     2.  Down payment and closing costs for eligible persons, as
1093defined in s. 420.9071(19) and (28);
1094     3.  Administrative costs, including housing counseling and
1095marketing fees, not to exceed 10 percent of the community
1096contribution, directly related to low-income or very-low-income
1097projects; and
1098     4.  Removal of liens recorded against residential property
1099by municipal, county, or special-district local governments when
1100satisfaction of the lien is a necessary precedent to the
1101transfer of the property to an eligible person, as defined in s.
1102420.9071(19) and (28), for the purpose of promoting home
1103ownership. Contributions for lien removal must be received from
1104a nonrelated third party.
1105
1106The provisions of this paragraph shall expire and be void on
1107June 30, 2015.
1108     (u)  "Rebuilding of an existing business" means replacement
1109or restoration of real or tangible property destroyed or damaged
1110in an emergency, as defined in paragraph (i), after July 1,
11111995, in an enterprise zone, by a business entity authorized to
1112do business in this state as defined in paragraph (e), or a bank
1113or savings and loan association as defined in s. 220.62, subject
1114to the tax imposed by the provisions of this chapter, located in
1115the enterprise zone. This paragraph expires on the date
1116specified in s. 290.016 for the expiration of the Florida
1117Enterprise Zone Act.
1118     (v)  "Regulations" includes rules promulgated, and forms
1119prescribed, by the department.
1120     (w)  "Returns" includes declarations of estimated tax
1121required under this code.
1122     (x)  "State," when applied to a jurisdiction other than
1123Florida, means any state of the United States, the District of
1124Columbia, the Commonwealth of Puerto Rico, any territory or
1125possession of the United States, and any foreign country, or any
1126political subdivision of any of the foregoing.
1127     (y)  "Taxable year" means the calendar or fiscal year upon
1128the basis of which net income is computed under this code,
1129including, in the case of a return made for a fractional part of
1130a year, the period for which such return is made.
1131     (z)  "Taxpayer" means any corporation subject to the tax
1132imposed by this code, and includes all corporations for which a
1133consolidated return is filed under s. 220.131. However,
1134"taxpayer" does not include a corporation having no individuals
1135(including individuals employed by an affiliate) receiving
1136compensation in this state as defined in s. 220.15 when the only
1137property owned or leased by said corporation (including an
1138affiliate) in this state is located at the premises of a printer
1139with which it has contracted for printing, if such property
1140consists of the final printed product, property which becomes a
1141part of the final printed product, or property from which the
1142printed product is produced.
1143     (aa)  "Functionally related dividends" include the
1144following types of dividends:
1145     1.  Those received from a subsidiary of which the voting
1146stock is more than 50 percent owned or controlled by the
1147taxpayer or members of its affiliated group and which is engaged
1148in the same general line of business.
1149     2.  Those received from any corporation which is either a
1150significant source of supply for the taxpayer or its affiliated
1151group or a significant purchaser of the output of the taxpayer
1152or its affiliated group, or which sells a significant part of
1153its output or obtains a significant part of its raw materials or
1154input from the taxpayer or its affiliated group. "Significant"
1155means an amount of 15 percent or more.
1156     3.  Those resulting from the investment of working capital
1157or some other purpose in furtherance of the taxpayer or its
1158affiliated group.
1159
1160However, dividends not otherwise subject to tax under this
1161chapter are excluded.
1162     (bb)  "Child care facility startup costs" means
1163expenditures for substantial renovation, equipment, including
1164playground equipment and kitchen appliances and cooking
1165equipment, real property, including land and improvements, and
1166for reduction of debt, made in connection with a child care
1167facility as defined by s. 402.302, or any facility providing
1168daily care to children who are mildly ill, which is located in
1169this state on the taxpayer's premises and used by the employees
1170of the taxpayer.
1171     (cc)  "Operation of a child care facility" means operation
1172of a child care facility as defined by s. 402.302, or any
1173facility providing daily care to children who are mildly ill,
1174which is located in this state within 5 miles of at least one
1175place of business of the taxpayer and which is used by the
1176employees of the taxpayer.
1177     (dd)  "Citrus processing company" means a corporation
1178which, during the 60-month period ending on December 31, 1997,
1179had derived more than 50 percent of its total gross receipts
1180from the processing of citrus products and the manufacture of
1181juices.
1182     (ee)  "New job has been created" means that, on the date of
1183application, the total number of full-time jobs is greater than
1184the total was 12 months prior to that date, as demonstrated to
1185the department by a business located in the enterprise zone.
1186     (ff)  "Job" means a full-time position, as consistent with
1187terms used by the Agency for Workforce Innovation and the United
1188States Department of Labor for purposes of unemployment
1189compensation tax administration and employment estimation
1190resulting directly from business operations in this state. The
1191term may not include a temporary construction job involved with
1192the construction of facilities or any job that has previously
1193been included in any application for tax credits under s.
1194212.096. The term also includes employment of an employee leased
1195from an employee leasing company licensed under chapter 468 if
1196the employee has been continuously leased to the employer for an
1197average of at least 36 hours per week for more than 6 months.
1198     Section 29.  For the purpose of incorporating the amendment
1199made by this act to section 290.016, Florida Statutes, in
1200references thereto, paragraph (a) of subsection (1) of section
1201220.13, Florida Statutes, is reenacted to read:
1202     220.13  "Adjusted federal income" defined.-
1203     (1)  The term "adjusted federal income" means an amount
1204equal to the taxpayer's taxable income as defined in subsection
1205(2), or such taxable income of more than one taxpayer as
1206provided in s. 220.131, for the taxable year, adjusted as
1207follows:
1208     (a)  Additions.-There shall be added to such taxable
1209income:
1210     1.  The amount of any tax upon or measured by income,
1211excluding taxes based on gross receipts or revenues, paid or
1212accrued as a liability to the District of Columbia or any state
1213of the United States which is deductible from gross income in
1214the computation of taxable income for the taxable year.
1215     2.  The amount of interest which is excluded from taxable
1216income under s. 103(a) of the Internal Revenue Code or any other
1217federal law, less the associated expenses disallowed in the
1218computation of taxable income under s. 265 of the Internal
1219Revenue Code or any other law, excluding 60 percent of any
1220amounts included in alternative minimum taxable income, as
1221defined in s. 55(b)(2) of the Internal Revenue Code, if the
1222taxpayer pays tax under s. 220.11(3).
1223     3.  In the case of a regulated investment company or real
1224estate investment trust, an amount equal to the excess of the
1225net long-term capital gain for the taxable year over the amount
1226of the capital gain dividends attributable to the taxable year.
1227     4.  That portion of the wages or salaries paid or incurred
1228for the taxable year which is equal to the amount of the credit
1229allowable for the taxable year under s. 220.181. This
1230subparagraph shall expire on the date specified in s. 290.016
1231for the expiration of the Florida Enterprise Zone Act.
1232     5.  That portion of the ad valorem school taxes paid or
1233incurred for the taxable year which is equal to the amount of
1234the credit allowable for the taxable year under s. 220.182. This
1235subparagraph shall expire on the date specified in s. 290.016
1236for the expiration of the Florida Enterprise Zone Act.
1237     6.  The amount of emergency excise tax paid or accrued as a
1238liability to this state under chapter 221 which tax is
1239deductible from gross income in the computation of taxable
1240income for the taxable year.
1241     7.  That portion of assessments to fund a guaranty
1242association incurred for the taxable year which is equal to the
1243amount of the credit allowable for the taxable year.
1244     8.  In the case of a nonprofit corporation which holds a
1245pari-mutuel permit and which is exempt from federal income tax
1246as a farmers' cooperative, an amount equal to the excess of the
1247gross income attributable to the pari-mutuel operations over the
1248attributable expenses for the taxable year.
1249     9.  The amount taken as a credit for the taxable year under
1250s. 220.1895.
1251     10.  Up to nine percent of the eligible basis of any
1252designated project which is equal to the credit allowable for
1253the taxable year under s. 220.185.
1254     11.  The amount taken as a credit for the taxable year
1255under s. 220.1875. The addition in this subparagraph is intended
1256to ensure that the same amount is not allowed for the tax
1257purposes of this state as both a deduction from income and a
1258credit against the tax. This addition is not intended to result
1259in adding the same expense back to income more than once.
1260     12.  The amount taken as a credit for the taxable year
1261under s. 220.192.
1262     13.  The amount taken as a credit for the taxable year
1263under s. 220.193.
1264     14.  Any portion of a qualified investment, as defined in
1265s. 288.9913, which is claimed as a deduction by the taxpayer and
1266taken as a credit against income tax pursuant to s. 288.9916.
1267     15.  The costs to acquire a tax credit pursuant to s.
1268288.1254(5) that are deducted from or otherwise reduce federal
1269taxable income for the taxable year.
1270     Section 30.  For the purpose of incorporating the amendment
1271made by this act to section 290.016, Florida Statutes, in a
1272reference thereto, subsection (9) of section 220.181, Florida
1273Statutes, is reenacted to read:
1274     220.181  Enterprise zone jobs credit.-
1275     (9)  This section, except paragraph (1)(c) and subsection
1276(8), expires on the date specified in s. 290.016 for the
1277expiration of the Florida Enterprise Zone Act, and a business
1278may not begin claiming the enterprise zone jobs credit after
1279that date; however, the expiration of this section does not
1280affect the operation of any credit for which a business has
1281qualified under this section before that date, or any
1282carryforward of unused credit amounts as provided in paragraph
1283(1)(c).
1284     Section 31.  For the purpose of incorporating the amendment
1285made by this act to section 290.016, Florida Statutes, in a
1286reference thereto, subsection (14) of section 220.182, Florida
1287Statutes, is reenacted to read:
1288     220.182  Enterprise zone property tax credit.-
1289     (14)  This section expires on the date specified in s.
1290290.016 for the expiration of the Florida Enterprise Zone Act,
1291and a business may not begin claiming the enterprise zone
1292property tax credit after that date; however, the expiration of
1293this section does not affect the operation of any credit for
1294which a business has qualified under this section before that
1295date, or any carryforward of unused credit amounts as provided
1296in paragraph (1)(b).
1297     Section 32.  This act shall take effect July 1, 2011.


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