Florida Senate - 2011                                    SB 1820
       
       
       
       By Senator Hays
       
       
       
       
       20-01393A-11                                          20111820__
    1                        A bill to be entitled                      
    2         An act relating to enterprise zones; amending ss.
    3         290.0055, 290.0058, and 290.0065, F.S.; revising
    4         criteria for the designation of enterprise zones;
    5         deleting pervasive poverty from such criteria;
    6         revising the maximum number of enterprise zones
    7         authorized; amending s. 290.0057, F.S.; revising
    8         requirements for the contents of enterprise zone
    9         strategic plans; creating s. 290.0076, F.S.;
   10         authorizing Lake County to apply to the Office of
   11         Tourism, Trade, and Economic Development for
   12         designation of an enterprise zone; providing
   13         requirements; requiring the office to establish an
   14         effective date for the designated enterprise zone;
   15         reenacting s. 290.016, F.S., relating to the scheduled
   16         repeal of the Florida Enterprise Zone Act; amending s.
   17         163.2514, F.S.; revising definition of the term “urban
   18         infill and redevelopment area” for purposes of the
   19         Growth Policy Act to conform; amending s. 288.0659,
   20         F.S.; revising the evaluation criteria for award of
   21         grants under the Local Government Distressed Area
   22         Matching Grant Program to conform; amending s. 212.08,
   23         F.S.; revising the maximum tax refunds for building
   24         materials and business property used in an enterprise
   25         zone; deleting provisions for tax refunds based upon a
   26         certain percentage of employees residing in an
   27         enterprise zone; revising definition of the term
   28         “business property” to revise an exemption from the
   29         tax refunds for such property used in an enterprise
   30         zone; amending ss. 212.096, 220.03, 220.181, and
   31         220.182, F.S.; revising and defining terms; revising
   32         the enterprise zone jobs credits against the sales and
   33         use tax and corporate income tax, and the enterprise
   34         zone property tax credit, to include credit for part
   35         time employment; deleting provisions for tax credits
   36         based upon employment of persons residing in
   37         enterprise zones; deleting obsolete provisions and
   38         conforming provisions; amending ss. 193.077, 193.085,
   39         212.06, 220.02, 220.183, 220.193, 288.1045, 288.106,
   40         290.00677, and 624.5105, F.S.; conforming provisions;
   41         providing for application; providing an effective
   42         date.
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Paragraph (a) of subsection (1) and paragraph
   47  (c) of subsection (4) of section 290.0055, Florida Statutes, are
   48  amended to read:
   49         290.0055 Local nominating procedure.—
   50         (1) If, pursuant to s. 290.0065, an opportunity exists for
   51  designation of a new enterprise zone, any county or
   52  municipality, or a county and one or more municipalities
   53  together, may apply to the office for the designation of an area
   54  as an enterprise zone after completion of the following:
   55         (a) The adoption by the governing body or bodies of a
   56  resolution which:
   57         1. Finds that an area exists in such county or
   58  municipality, or in both the county and one or more
   59  municipalities, which chronically exhibits extreme and
   60  unacceptable levels of poverty, unemployment, physical
   61  deterioration, and economic disinvestment;
   62         2. Determines that the rehabilitation, conservation, or
   63  redevelopment, or a combination thereof, of such area is
   64  necessary in the interest of the public health, safety, and
   65  welfare of the residents of such county or municipality, or such
   66  county and one or more municipalities; and
   67         3. Determines that the revitalization of such area can
   68  occur only if the private sector can be induced to invest its
   69  own resources in productive enterprises that build or rebuild
   70  the economic viability of the area.
   71         (4) An area nominated by a county or municipality, or a
   72  county and one or more municipalities together, for designation
   73  as an enterprise zone shall be eligible for designation under s.
   74  290.0065 only if it meets the following criteria:
   75         (c) The selected area suffers from unacceptable levels of
   76  pervasive poverty, unemployment, and general distress, as
   77  described and measured pursuant to s. 290.0058.
   78         Section 2. Paragraph (c) of subsection (1) of section
   79  290.0057, Florida Statutes, is amended to read:
   80         290.0057 Enterprise zone development plan.—
   81         (1) Any application for designation as a new enterprise
   82  zone must be accompanied by a strategic plan adopted by the
   83  governing body of the municipality or county, or the governing
   84  bodies of the county and one or more municipalities together. At
   85  a minimum, the plan must:
   86         (c) Identify and describe key community goals and the
   87  barriers that restrict the community from achieving these goals,
   88  including a description of unemployment poverty and general
   89  distress, barriers to economic opportunity and development, and
   90  barriers to human development.
   91         Section 3. Section 290.0058, Florida Statutes, is amended
   92  to read:
   93         290.0058 Determination of unacceptable levels of pervasive
   94  poverty, unemployment, and general distress.—
   95         (1) In determining whether an area suffers from
   96  unacceptable levels of pervasive poverty, unemployment, and
   97  general distress, for purposes of ss. 290.0055 and 290.0065, the
   98  governing body and the office shall use data from the most
   99  current decennial census, and from information published by the
  100  Bureau of the Census and the Bureau of Labor Statistics. The
  101  data shall be comparable in point or period of time and
  102  methodology employed.
  103         (2) Pervasive poverty shall be evidenced by a showing that
  104  poverty is widespread throughout the nominated area. The poverty
  105  rate of the nominated area shall be established using the
  106  following criteria:
  107         (a) In each census geographic block group within a
  108  nominated area, the poverty rate may not be less than 20
  109  percent. However, for an area nominated for designation as a
  110  rural enterprise zone which does not have a poverty rate of more
  111  than 20 percent in each census geographic block group within the
  112  nominated area, the poverty rate for the nominated area may be
  113  calculated using the poverty rate for the entire county, which
  114  may not be less than 20 percent.
  115         (b) In at least 50 percent of the census geographic block
  116  groups within the nominated area, the poverty rate may not be
  117  less than 30 percent. This requirement does not apply to an area
  118  nominated for designation as a rural enterprise zone.
  119         (c) Census geographic block groups with no population shall
  120  be treated as having a poverty rate which meets the standards of
  121  paragraph (a), but shall be treated as having a zero poverty
  122  rate for purposes of applying paragraph (b).
  123         (d) A nominated area may not contain a noncontiguous parcel
  124  unless such parcel separately meets the criteria set forth under
  125  paragraphs (a) and (b).
  126         (2)(3) Unemployment must shall be evidenced by data
  127  indicating that the average rate of unemployment for the county
  128  or municipality in which the nominated area is located is not
  129  less than the state’s average of unemployment, or by evidence of
  130  especially severe economic conditions which have brought about
  131  significant job dislocation within the county or municipality in
  132  which the nominated area is located.
  133         (3)(4) General distress must shall be evidenced by
  134  describing adverse conditions within the nominated area other
  135  than that those of pervasive poverty and unemployment. A high
  136  incidence of crime, abandoned structures, land formerly used for
  137  agricultural production that is discontinued due to extreme
  138  weather or horticultural diseases, a residential mortgage
  139  foreclosure rate that exceeds the statewide average,
  140  substantially developed but unused or underutilized
  141  infrastructure due to economic distress, and deteriorated
  142  infrastructure or substantial population decline are examples of
  143  appropriate indicators of general distress.
  144         (4)(5) In making the calculations required by this section,
  145  the local government and the office shall round all fractional
  146  percentages of one-half percent or more up to the next highest
  147  whole percentage figure.
  148         Section 4. Subsections (1) and (2), paragraph (a) of
  149  subsection (4), and paragraph (b) of subsection (6) of section
  150  290.0065, Florida Statutes, are amended to read:
  151         290.0065 State designation of enterprise zones.—
  152         (1) The maximum number of enterprise zones authorized under
  153  this section is the number of enterprise zones having an
  154  effective date on or before January 1, 2005, subject to any
  155  increase due to any new enterprise zones authorized by the
  156  Legislature during the 2005 and 2011 Regular Sessions Session of
  157  the Legislature.
  158         (2) If, pursuant to subsection (4), the office does not
  159  redesignate an enterprise zone, a governing body of a county or
  160  municipality or the governing bodies of a county and one or more
  161  municipalities jointly, pursuant to s. 290.0055, may apply for
  162  designation of an enterprise zone to take the place of the
  163  enterprise zone not redesignated and request designation of an
  164  enterprise zone. The office, in consultation with Enterprise
  165  Florida, Inc., shall determine which areas nominated by such
  166  governing bodies meet the criteria outlined in s. 290.0055 and
  167  are the most appropriate for designation as state enterprise
  168  zones. Each application made pursuant to s. 290.0055 shall be
  169  ranked competitively based on the pervasive poverty,
  170  unemployment, and general distress of the area; the strategic
  171  plan, including local fiscal and regulatory incentives, prepared
  172  pursuant to s. 290.0057; and the prospects for new investment
  173  and economic development in the area. Pervasive poverty,
  174  Unemployment, and general distress shall be weighted 35 percent;
  175  strategic plan and local fiscal and regulatory incentives shall
  176  be weighted 40 percent; and prospects for new investment and
  177  economic development in the area shall be weighted 25 percent.
  178         (4)(a) Notwithstanding s. 290.0055, the office may
  179  redesignate any state enterprise zone having an effective date
  180  on or before January 1, 2011 2005, as a state enterprise zone
  181  upon completion and submittal to the office by the governing
  182  body for an enterprise zone of the following:
  183         1. An updated zone profile for the enterprise zone based on
  184  the most recent census data that complies with s. 290.0055,
  185  except that pervasive poverty criteria may be set aside for
  186  rural enterprise zones.
  187         2. A resolution passed by the governing body for that
  188  enterprise zone requesting redesignation and explaining the
  189  reasons the conditions of the zone merit redesignation.
  190         3. Measurable goals for the enterprise zone developed by
  191  the enterprise zone development agency, which may be the goals
  192  established in the enterprise zone’s strategic plan.
  193  
  194  The governing body may also submit a request for a boundary
  195  change in an enterprise zone in the same application to the
  196  office as long as the new area complies with the requirements of
  197  s. 290.0055, except that pervasive poverty criteria may be set
  198  aside for rural enterprise zones.
  199         (6)
  200         (b) Such guidelines shall provide for the measurement of
  201  pervasive poverty, unemployment, and general distress using the
  202  criteria outlined by s. 290.0058.
  203         Section 5. Section 290.0076, Florida Statutes, is created
  204  to read:
  205         290.0076 Enterprise zone designation for Lake County.—Lake
  206  County may apply to the Office of Tourism, Trade, and Economic
  207  Development for designation of one enterprise zone encompassing
  208  an area not to exceed 10 square miles. The application must be
  209  submitted by December 31, 2011. Notwithstanding the provisions
  210  of s. 290.0065 limiting the total number of enterprise zones
  211  designated and the number of enterprise zones within a
  212  population category, the Office of Tourism, Trade, and Economic
  213  Development may designate one enterprise zone under this
  214  section. The Office of Tourism, Trade, and Economic Development
  215  shall establish the initial effective date of the enterprise
  216  zone designated pursuant to this section.
  217         Section 6. Section 290.016, Florida Statutes, is reenacted
  218  to read:
  219         290.016 Repeal.—Sections 290.001-290.014 are repealed
  220  December 31, 2015.
  221         Section 7. Paragraph (b) of subsection (2) of section
  222  163.2514, Florida Statutes, is amended to read:
  223         163.2514 Growth Policy Act; definitions.—As used in ss.
  224  163.2511-163.2523, the term:
  225         (2) “Urban infill and redevelopment area” means an area or
  226  areas designated by a local government where:
  227         (b) The area, or one or more neighborhoods within the area,
  228  suffers from unacceptable levels of pervasive poverty,
  229  unemployment, and general distress as defined in by s. 290.0058;
  230         Section 8. Paragraph (a) of subsection (5) of section
  231  288.0659, Florida Statutes, is amended to read:
  232         288.0659 Local Government Distressed Area Matching Grant
  233  Program.—
  234         (5) To qualify for a grant, the business being targeted by
  235  a local government must create at least 15 full-time jobs, must
  236  be new to this state, must be expanding its operations in this
  237  state, or would otherwise leave the state absent state and local
  238  assistance, and the local government applying for the grant must
  239  expedite its permitting processes for the target business by
  240  accelerating the normal review and approval timelines. In
  241  addition to these requirements, the office shall review the
  242  grant requests using the following evaluation criteria, with
  243  priority given in descending order:
  244         (a) The presence and degree of pervasive poverty,
  245  unemployment, and general distress as determined pursuant to s.
  246  290.0058 in the area where the business will locate, with
  247  priority given to locations with greater degrees of poverty,
  248  unemployment, and general distress.
  249         Section 9. Paragraphs (g) and (h) of subsection (5) of
  250  section 212.08, Florida Statutes, are amended to read:
  251         212.08 Sales, rental, use, consumption, distribution, and
  252  storage tax; specified exemptions.—The sale at retail, the
  253  rental, the use, the consumption, the distribution, and the
  254  storage to be used or consumed in this state of the following
  255  are hereby specifically exempt from the tax imposed by this
  256  chapter.
  257         (5) EXEMPTIONS; ACCOUNT OF USE.—
  258         (g) Building materials used in the rehabilitation of real
  259  property located in an enterprise zone.—
  260         1. Building materials used in the rehabilitation of real
  261  property located in an enterprise zone are exempt from the tax
  262  imposed by this chapter upon an affirmative showing to the
  263  satisfaction of the department that the items have been used for
  264  the rehabilitation of real property located in an enterprise
  265  zone. Except as provided in subparagraph 2., this exemption
  266  inures to the owner, lessee, or lessor at the time the real
  267  property is rehabilitated, but only through a refund of
  268  previously paid taxes. To receive a refund pursuant to this
  269  paragraph, the owner, lessee, or lessor of the rehabilitated
  270  real property must file an application under oath with the
  271  governing body or enterprise zone development agency having
  272  jurisdiction over the enterprise zone where the business is
  273  located, as applicable. A single application for a refund may be
  274  submitted for multiple, contiguous parcels that were part of a
  275  single parcel that was divided as part of the rehabilitation of
  276  the property. All other requirements of this paragraph apply to
  277  each parcel on an individual basis. The application must
  278  include:
  279         a. The name and address of the person claiming the refund.
  280         b. An address and assessment roll parcel number of the
  281  rehabilitated real property for which a refund of previously
  282  paid taxes is being sought.
  283         c. A description of the improvements made to accomplish the
  284  rehabilitation of the real property.
  285         d. A copy of a valid building permit issued by the county
  286  or municipal building department for the rehabilitation of the
  287  real property.
  288         e. A sworn statement, under penalty of perjury, from the
  289  general contractor licensed in this state with whom the
  290  applicant contracted to make the improvements necessary to
  291  rehabilitate the real property, which lists the building
  292  materials used to rehabilitate the real property, the actual
  293  cost of the building materials, and the amount of sales tax paid
  294  in this state on the building materials. If a general contractor
  295  was not used, the applicant, not a general contractor, shall
  296  make the sworn statement required by this sub-subparagraph.
  297  Copies of the invoices that evidence the purchase of the
  298  building materials used in the rehabilitation and the payment of
  299  sales tax on the building materials must be attached to the
  300  sworn statement provided by the general contractor or by the
  301  applicant. Unless the actual cost of building materials used in
  302  the rehabilitation of real property and the payment of sales
  303  taxes is documented by a general contractor or by the applicant
  304  in this manner, the cost of the building materials is deemed to
  305  be an amount equal to 40 percent of the increase in assessed
  306  value for ad valorem tax purposes.
  307         f. The identifying number assigned pursuant to s. 290.0065
  308  to the enterprise zone in which the rehabilitated real property
  309  is located.
  310         g. A certification by the local building code inspector
  311  that the improvements necessary to rehabilitate the real
  312  property are substantially completed.
  313         h. A statement of whether the business is a small business
  314  as defined in by s. 288.703(1).
  315         i. If applicable, the name and address of each permanent
  316  employee of the business, including, for each employee who is a
  317  resident of an enterprise zone, the identifying number assigned
  318  pursuant to s. 290.0065 to the enterprise zone in which the
  319  employee resides.
  320         2. This exemption inures to a municipality, county, other
  321  governmental unit or agency, or nonprofit community-based
  322  organization through a refund of previously paid taxes if the
  323  building materials used in the rehabilitation are paid for from
  324  the funds of a community development block grant, State Housing
  325  Initiatives Partnership Program, or similar grant or loan
  326  program. To receive a refund, a municipality, county, other
  327  governmental unit or agency, or nonprofit community-based
  328  organization must file an application that includes the same
  329  information required in subparagraph 1. In addition, the
  330  application must include a sworn statement signed by the chief
  331  executive officer of the municipality, county, other
  332  governmental unit or agency, or nonprofit community-based
  333  organization seeking a refund which states that the building
  334  materials for which a refund is sought were funded by a
  335  community development block grant, State Housing Initiatives
  336  Partnership Program, or similar grant or loan program.
  337         3. Within 10 working days after receipt of an application,
  338  the governing body or enterprise zone development agency shall
  339  review the application to determine if it contains all the
  340  information required by subparagraph 1. or subparagraph 2. and
  341  meets the criteria set out in this paragraph. The governing body
  342  or agency shall certify all applications that contain the
  343  required information and are eligible to receive a refund. If
  344  applicable, the governing body or agency shall also certify if
  345  20 percent of the employees of the business are residents of an
  346  enterprise zone, excluding temporary and part-time employees.
  347  The certification must be in writing, and a copy of the
  348  certification shall be transmitted to the executive director of
  349  the department. The applicant is responsible for forwarding a
  350  certified application to the department within the time
  351  specified in subparagraph 4.
  352         4. An application for a refund must be submitted to the
  353  department within 6 months after the rehabilitation of the
  354  property is deemed to be substantially completed by the local
  355  building code inspector or by November 1 after the rehabilitated
  356  property is first subject to assessment.
  357         5. Only one exemption through a refund of previously paid
  358  taxes for the rehabilitation of real property is permitted for
  359  any single parcel of property unless there is a change in
  360  ownership, a new lessor, or a new lessee of the real property. A
  361  refund may not be granted unless the amount to be refunded
  362  exceeds $500. A refund may not exceed the lesser of 97 percent
  363  of the Florida sales or use tax paid on the cost of the building
  364  materials used in the rehabilitation of the real property as
  365  determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
  366  at least 20 percent of the employees of the business are
  367  residents of an enterprise zone, excluding temporary and part
  368  time employees, the amount of refund may not exceed the lesser
  369  of 97 percent of the sales tax paid on the cost of the building
  370  materials or $10,000. A refund shall be made within 30 days
  371  after formal approval by the department of the application for
  372  the refund.
  373         6. The department shall adopt rules governing the manner
  374  and form of refund applications and may establish guidelines as
  375  to the requisites for an affirmative showing of qualification
  376  for exemption under this paragraph.
  377         7. The department shall deduct an amount equal to 10
  378  percent of each refund granted under this paragraph from the
  379  amount transferred into the Local Government Half-cent Sales Tax
  380  Clearing Trust Fund pursuant to s. 212.20 for the county area in
  381  which the rehabilitated real property is located and shall
  382  transfer that amount to the General Revenue Fund.
  383         8. For the purposes of the exemption provided in this
  384  paragraph, the term:
  385         a. “Building materials” means tangible personal property
  386  that becomes a component part of improvements to real property.
  387         b. “Real property” has the same meaning as provided in s.
  388  192.001(12), except that the term does not include a condominium
  389  parcel or condominium property as defined in s. 718.103.
  390         c. “Rehabilitation of real property” means the
  391  reconstruction, renovation, restoration, rehabilitation,
  392  construction, or expansion of improvements to real property.
  393         d. “Substantially completed” has the same meaning as
  394  provided in s. 192.042(1).
  395         9. This paragraph expires on the date specified in s.
  396  290.016 for the expiration of the Florida Enterprise Zone Act.
  397         (h) Business property used in an enterprise zone.—
  398         1. Business property purchased for use by businesses
  399  located in an enterprise zone which is subsequently used in an
  400  enterprise zone shall be exempt from the tax imposed by this
  401  chapter. This exemption inures to the business only through a
  402  refund of previously paid taxes. A refund shall be authorized
  403  upon an affirmative showing by the taxpayer to the satisfaction
  404  of the department that the requirements of this paragraph have
  405  been met.
  406         2. To receive a refund, the business must file under oath
  407  with the governing body or enterprise zone development agency
  408  having jurisdiction over the enterprise zone where the business
  409  is located, as applicable, an application which includes:
  410         a. The name and address of the business claiming the
  411  refund.
  412         b. The identifying number assigned pursuant to s. 290.0065
  413  to the enterprise zone in which the business is located.
  414         c. A specific description of the property for which a
  415  refund is sought, including its serial number or other permanent
  416  identification number.
  417         d. The location of the property.
  418         e. The sales invoice or other proof of purchase of the
  419  property, showing the amount of sales tax paid, the date of
  420  purchase, and the name and address of the sales tax dealer from
  421  whom the property was purchased.
  422         f. Whether the business is a small business as defined in
  423  by s. 288.703(1).
  424         g. If applicable, the name and address of each permanent
  425  employee of the business, including, for each employee who is a
  426  resident of an enterprise zone, the identifying number assigned
  427  pursuant to s. 290.0065 to the enterprise zone in which the
  428  employee resides.
  429         3. Within 10 working days after receipt of an application,
  430  the governing body or enterprise zone development agency shall
  431  review the application to determine if it contains all the
  432  information required pursuant to subparagraph 2. and meets the
  433  criteria set out in this paragraph. The governing body or agency
  434  shall certify all applications that contain the information
  435  required pursuant to subparagraph 2. and meet the criteria set
  436  out in this paragraph as eligible to receive a refund. If
  437  applicable, the governing body or agency shall also certify if
  438  20 percent of the employees of the business are residents of an
  439  enterprise zone, excluding temporary and part-time employees.
  440  The certification shall be in writing, and a copy of the
  441  certification shall be transmitted to the executive director of
  442  the Department of Revenue. The business shall be responsible for
  443  forwarding a certified application to the department within the
  444  time specified in subparagraph 4.
  445         4. An application for a refund pursuant to this paragraph
  446  must be submitted to the department within 6 months after the
  447  tax is due on the business property that is purchased.
  448         5. The amount refunded on purchases of business property
  449  under this paragraph shall be the lesser of 97 percent of the
  450  sales tax paid on such business property or $5,000, or, if no
  451  less than 20 percent of the employees of the business are
  452  residents of an enterprise zone, excluding temporary and part
  453  time employees, the amount refunded on purchases of business
  454  property under this paragraph shall be the lesser of 97 percent
  455  of the sales tax paid on such business property or $10,000. A
  456  refund approved pursuant to this paragraph shall be made within
  457  30 days of formal approval by the department of the application
  458  for the refund. A No refund may not shall be granted under this
  459  paragraph unless the amount to be refunded exceeds $100 in sales
  460  tax paid on purchases made within a 60-day time period.
  461         6. The department shall adopt rules governing the manner
  462  and form of refund applications and may establish guidelines as
  463  to the requisites for an affirmative showing of qualification
  464  for exemption under this paragraph.
  465         7. If the department determines that the business property
  466  is used outside an enterprise zone within 3 years from the date
  467  of purchase, the amount of taxes refunded to the business
  468  purchasing such business property shall immediately be due and
  469  payable to the department by the business, together with the
  470  appropriate interest and penalty, computed from the date of
  471  purchase, in the manner provided by this chapter.
  472  Notwithstanding this subparagraph, business property used
  473  exclusively in:
  474         a. Licensed commercial fishing vessels,
  475         b. Fishing guide boats, or
  476         c. Ecotourism guide boats
  477  
  478  that leave and return to a fixed location within an area
  479  designated under s. 379.2353 are eligible for the exemption
  480  provided under this paragraph if all requirements of this
  481  paragraph are met. Such vessels and boats must be owned by a
  482  business that is eligible to receive the exemption provided
  483  under this paragraph. This exemption does not apply to the
  484  purchase of a vessel or boat.
  485         8. The department shall deduct an amount equal to 10
  486  percent of each refund granted under the provisions of this
  487  paragraph from the amount transferred into the Local Government
  488  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
  489  for the county area in which the business property is located
  490  and shall transfer that amount to the General Revenue Fund.
  491         9. For the purposes of this exemption, “business property”
  492  means new or used property defined as “recovery property” in s.
  493  168(c) of the Internal Revenue Code of 1954, as amended, except:
  494         a. Property classified as 3-year property under s.
  495  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
  496         b. Industrial machinery and equipment as defined in sub
  497  subparagraph (b)6.a. and eligible for exemption under paragraph
  498  (b);
  499         c. Building materials as defined in sub-subparagraph
  500  (g)8.a.; and
  501         d. Business property having a sales price of less than $500
  502  under $5,000 per unit.
  503         10. This paragraph expires on the date specified in s.
  504  290.016 for the expiration of the Florida Enterprise Zone Act.
  505         Section 10. Section 212.096, Florida Statutes, is amended
  506  to read:
  507         212.096 Sales, rental, storage, use tax; enterprise zone
  508  jobs credit against sales tax.—
  509         (1) As used For the purposes of the credit provided in this
  510  section, the term:
  511         (a) “Eligible business” means any sole proprietorship,
  512  firm, partnership, corporation, bank, savings association,
  513  estate, trust, business trust, receiver, syndicate, or other
  514  group or combination, or successor business, located in an
  515  enterprise zone. The business must demonstrate to the department
  516  that, on the date of application, the total number of full-time
  517  jobs as defined in under paragraph (c) (d) is greater than the
  518  total was 12 months before prior to that date. The term An
  519  eligible business does not include any business that which has
  520  claimed the credit permitted under s. 220.181 for any new
  521  business employee first beginning employment with the business
  522  after July 1, 1995.
  523         (b) “Full-time position” means employment for at least 40
  524  hours per week.
  525         (c)(d) “Job” means a full-time or part-time position, as
  526  consistent with terms used by the Agency for Workforce
  527  Innovation and the United States Department of Labor for
  528  purposes of unemployment compensation tax administration and
  529  employment estimation resulting directly from a business
  530  operation in this state. The This term does may not include a
  531  temporary construction job involved with the construction of
  532  facilities or any job that has previously been included in any
  533  application for tax credits under s. 220.181(1). The term also
  534  includes employment of an employee leased from an employee
  535  leasing company licensed under chapter 468 if such employee has
  536  been continuously leased to the employer for an average of at
  537  least 20 36 hours per week for more than 6 months.
  538         (d)(b) “Month” means either a calendar month or the time
  539  period from any day of any month to the corresponding day of the
  540  next succeeding month or, if there is no corresponding day in
  541  the next succeeding month, the last day of the succeeding month.
  542         (e)(c) “New employee” means a person residing in an
  543  enterprise zone or a participant in the welfare transition
  544  program who begins employment with an eligible business after
  545  July 1, 1995, and who has not been previously employed full time
  546  or part time within the preceding 12 months by the eligible
  547  business, or a successor eligible business, claiming the credit
  548  allowed by this section.
  549         (f)(e) “New job has been created” means that, on the date
  550  of application, the total number of full-time jobs is greater
  551  than the total was 12 months before prior to that date, as
  552  demonstrated to the department by a business located in the
  553  enterprise zone.
  554         (g) “Part-time position” means employment for at least 20,
  555  but less than 40, hours per week.
  556  
  557  A person is shall be deemed to be employed if the person
  558  performs duties in connection with the operations of the
  559  business on a regular, full-time or part-time basis, provided
  560  the person is performing such duties for an average of at least
  561  20 36 hours per week each month, and. the person is must be
  562  performing such duties at a business site located in the
  563  enterprise zone.
  564         (2)(a) Upon an affirmative showing by an eligible business
  565  to the satisfaction of the department that the requirements of
  566  this section are have been met, the business shall be allowed a
  567  credit against the tax remitted under this chapter.
  568         (b) The credit shall be computed as 20 percent of the
  569  actual monthly wages paid in this state to each new employee
  570  hired when a new job is has been created, unless the business is
  571  located within a rural enterprise zone pursuant to s.
  572  290.004(6), in which case the credit shall be 30 percent of the
  573  actual monthly wages paid. If no less than 20 percent of the
  574  employees of the business are residents of an enterprise zone,
  575  excluding temporary and part-time employees, the credit shall be
  576  computed as 30 percent of the actual monthly wages paid in this
  577  state to each new employee hired when a new job has been
  578  created, unless the business is located within a rural
  579  enterprise zone, in which case the credit shall be 45 percent of
  580  the actual monthly wages paid. If the new employee hired when a
  581  new job is created is a participant in the welfare transition
  582  program, the following credit shall be a percent of the actual
  583  monthly wages paid: 40 percent for $4 above the hourly federal
  584  minimum wage rate; 41 percent for $5 above the hourly federal
  585  minimum wage rate; 42 percent for $6 above the hourly federal
  586  minimum wage rate; 43 percent for $7 above the hourly federal
  587  minimum wage rate; and 44 percent for $8 above the hourly
  588  federal minimum wage rate. For purposes of this paragraph,
  589  monthly wages shall be computed as one-twelfth of the expected
  590  annual wages paid to such employee. The amount paid as wages to
  591  a new employee is the compensation paid to such employee that is
  592  subject to unemployment tax. The credit shall be allowed for up
  593  to 24 consecutive months, beginning with the first tax return
  594  due pursuant to s. 212.11 after approval by the department.
  595         (3) In order to claim this credit, an eligible business
  596  must file under oath with the governing body or enterprise zone
  597  development agency having jurisdiction over the enterprise zone
  598  where the business is located, as applicable, a statement which
  599  includes:
  600         (a) For each new employee for whom this credit is claimed,
  601  the employee’s name and address place of residence, including
  602  the identifying number assigned pursuant to s. 290.0065 to the
  603  enterprise zone in which the employee resides if the new
  604  employee is a person residing in an enterprise zone, and, if
  605  applicable, documentation that the employee is a welfare
  606  transition program participant.
  607         (b) If applicable, the name and address of each permanent
  608  employee of the business, including, for each employee who is a
  609  resident of an enterprise zone, the identifying number assigned
  610  pursuant to s. 290.0065 to the enterprise zone in which the
  611  employee resides.
  612         (b)(c) The name and address of the eligible business.
  613         (c)(d) The starting salary or hourly wages paid to the new
  614  employee.
  615         (d)(e) Demonstration to the department that, on the date of
  616  application, the total number of full-time jobs as defined in
  617  under paragraph (1)(c)(d) is greater than the total was 12
  618  months before prior to that date.
  619         (e)(f) The identifying number assigned pursuant to s.
  620  290.0065 to the enterprise zone in which the business is
  621  located.
  622         (f)(g) Whether the business is a small business as defined
  623  in by s. 288.703(1).
  624         (g)(h) Within 10 working days after receipt of an
  625  application, the governing body or enterprise zone development
  626  agency shall review the application to determine if it contains
  627  all the information required pursuant to this subsection and
  628  meets the criteria set out in this section. The governing body
  629  or agency shall certify all applications that contain the
  630  information required pursuant to this subsection and meet the
  631  criteria set out in this section as eligible to receive a
  632  credit. If applicable, the governing body or agency shall also
  633  certify if 20 percent of the employees of the business are
  634  residents of an enterprise zone, excluding temporary and part
  635  time employees. The certification shall be in writing, and a
  636  copy of the certification shall be transmitted to the executive
  637  director of the Department of Revenue. The business is shall be
  638  responsible for forwarding a certified application to the
  639  department within the time specified in paragraph (i).
  640         (h)(i) All applications for a credit pursuant to this
  641  section must be submitted to the department within 6 months
  642  after the new employee is hired, except applications for credit
  643  for leased employees. Applications for credit for leased
  644  employees must be submitted to the department within 7 months
  645  after the employee is leased.
  646         (4) Within 10 working days after receipt of a completed
  647  application for a credit authorized in this section, the
  648  department shall inform the business that the application is has
  649  been approved. The credit may be taken on the first return due
  650  after receipt of approval from the department.
  651         (5) If In the event the application is incomplete or
  652  insufficient to support the credit authorized in this section,
  653  the department shall deny the credit and notify the business of
  654  that fact. The business may reapply for this credit.
  655         (6) The credit provided in this section does not apply:
  656         (a) For any new employee who is an owner, partner, or
  657  majority stockholder of an eligible business.
  658         (b) For any new employee who is employed for any period
  659  less than 3 months.
  660         (7) The credit provided in this section is shall not be
  661  allowed for any month in which the tax due for such period or
  662  the tax return required pursuant to s. 212.11 for such period is
  663  delinquent.
  664         (8) If In the event an eligible business has a credit
  665  larger than the amount owed the state on the tax return for the
  666  time period in which the credit is claimed, the amount of the
  667  credit for that time period shall be the amount owed the state
  668  on that tax return.
  669         (9) Any business which has claimed this credit is shall not
  670  be allowed any credit under the provisions of s. 220.181 for any
  671  new employee beginning employment after July 1, 1995.
  672         (10) It shall be the responsibility of Each business must
  673  to affirmatively demonstrate to the satisfaction of the
  674  department that it meets the requirements of this section.
  675         (11) Any person who fraudulently claims this credit is
  676  liable for repayment of the credit plus a mandatory penalty of
  677  100 percent of the credit plus interest at the rate provided in
  678  this chapter, and such person commits is guilty of a misdemeanor
  679  of the second degree, punishable as provided in s. 775.082 or s.
  680  775.083.
  681         (12) This section, except for subsection (11), expires on
  682  the date specified in s. 290.016 for the expiration of the
  683  Florida Enterprise Zone Act.
  684         Section 11. Subsection (1) and paragraph (c) of subsection
  685  (5) of section 220.03, Florida Statutes, are amended to read:
  686         220.03 Definitions.—
  687         (1) SPECIFIC TERMS.—When used in this code, and when not
  688  otherwise distinctly expressed or manifestly incompatible with
  689  the intent thereof, the following terms shall have the following
  690  meanings:
  691         (a) “Ad valorem taxes paid” means 96 percent of property
  692  taxes levied for operating purposes and does not include
  693  interest, penalties, or discounts foregone. In addition, the
  694  term “ad valorem taxes paid,” for purposes of the credit in s.
  695  220.182, means the ad valorem tax paid on new or additional real
  696  or personal property acquired to establish a new business or
  697  facilitate a business expansion, including pollution and waste
  698  control facilities, or any part thereof, and including one or
  699  more buildings or other structures, machinery, fixtures, and
  700  equipment. This paragraph expires on the date specified in s.
  701  290.016 for the expiration of the Florida Enterprise Zone Act.
  702         (b) “Affiliated group of corporations” means two or more
  703  corporations which constitute an affiliated group of
  704  corporations as defined in s. 1504(a) of the Internal Revenue
  705  Code.
  706         (c) “Business” or “business firm” means any business entity
  707  authorized to do business in this state as defined in paragraph
  708  (g) (e), and any bank or savings and loan association as defined
  709  in s. 220.62, subject to the tax imposed by the provisions of
  710  this chapter. This paragraph expires on the date specified in s.
  711  290.016 for the expiration of the Florida Enterprise Zone Act.
  712         (d)(bb) “Child care facility startup costs” means
  713  expenditures for substantial renovation, equipment, including
  714  playground equipment and kitchen appliances and cooking
  715  equipment, real property, including land and improvements, and
  716  for reduction of debt, made in connection with a child care
  717  facility as defined in by s. 402.302, or any facility providing
  718  daily care to children who are mildly ill, which is located in
  719  this state on the taxpayer’s premises and used by the employees
  720  of the taxpayer.
  721         (e)(dd) “Citrus processing company” means a corporation
  722  which, during the 60-month period ending on December 31, 1997,
  723  had derived more than 50 percent of its total gross receipts
  724  from the processing of citrus products and the manufacture of
  725  juices.
  726         (f)(d) “Community contribution” means the grant by a
  727  business firm of any of the following items:
  728         1. Cash or other liquid assets.
  729         2. Real property.
  730         3. Goods or inventory.
  731         4. Other physical resources as identified by the
  732  department.
  733  
  734  This paragraph expires on the date specified in s. 290.016 for
  735  the expiration of the Florida Enterprise Zone Act.
  736         (g)(e) “Corporation” includes all domestic corporations;
  737  foreign corporations qualified to do business in this state or
  738  actually doing business in this state; joint-stock companies;
  739  limited liability companies, under chapter 608; common-law
  740  declarations of trust, under chapter 609; corporations not for
  741  profit, under chapter 617; agricultural cooperative marketing
  742  associations, under chapter 618; professional service
  743  corporations, under chapter 621; foreign unincorporated
  744  associations, under chapter 622; private school corporations,
  745  under chapter 623; foreign corporations not for profit which are
  746  carrying on their activities in this state; and all other
  747  organizations, associations, legal entities, and artificial
  748  persons which are created by or pursuant to the statutes of this
  749  state, the United States, or any other state, territory,
  750  possession, or jurisdiction. The term “corporation” does not
  751  include proprietorships, even if using a fictitious name;
  752  partnerships of any type, as such; limited liability companies
  753  that are taxable as partnerships for federal income tax
  754  purposes; state or public fairs or expositions, under chapter
  755  616; estates of decedents or incompetents; testamentary trusts;
  756  or private trusts.
  757         (h)(f) “Department” means the Department of Revenue of this
  758  state.
  759         (i)(g) “Director” means the executive director of the
  760  Department of Revenue and, when there has been an appropriate
  761  delegation of authority, the executive director’s delegate.
  762         (j)(h) “Earned,” “accrued,” “paid,” or “incurred” shall be
  763  construed according to the method of accounting upon the basis
  764  of which a taxpayer’s income is computed under this code.
  765         (k)(i) “Emergency,” as used in s. 220.02 and in paragraph
  766  (dd) (u) of this subsection, means occurrence of widespread or
  767  severe damage, injury, or loss of life or property proclaimed
  768  pursuant to s. 14.022 or declared pursuant to s. 252.36. This
  769  paragraph expires on the date specified in s. 290.016 for the
  770  expiration of the Florida Enterprise Zone Act.
  771         (l)(j) “Enterprise zone” means an area in the state
  772  designated pursuant to s. 290.0065. This paragraph expires on
  773  the date specified in s. 290.016 for the expiration of the
  774  Florida Enterprise Zone Act.
  775         (m)(k) “Expansion of an existing business,” for the
  776  purposes of the enterprise zone property tax credit, means any
  777  business entity authorized to do business in this state as
  778  defined in paragraph (g) (e), and any bank or savings and loan
  779  association as defined in s. 220.62, subject to the tax imposed
  780  by the provisions of this chapter, located in an enterprise
  781  zone, which expands by or through additions to real and personal
  782  property and which establishes five or more new jobs to employ
  783  five or more additional full-time or part-time employees at such
  784  location. This paragraph expires on the date specified in s.
  785  290.016 for the expiration of the Florida Enterprise Zone Act.
  786         (n)(l) “Fiscal year” means an accounting period of 12
  787  months or less ending on the last day of any month other than
  788  December or, in the case of a taxpayer with an annual accounting
  789  period of 52-53 weeks under s. 441(f) of the Internal Revenue
  790  Code, the period determined under that subsection.
  791         (o) “Florida Income Tax Code” or “code” means this chapter.
  792         (p) “Full-time position” means employment for at least 40
  793  hours per week.
  794         (q)(aa) “Functionally related dividends” include the
  795  following types of dividends:
  796         1. Those received from a subsidiary of which the voting
  797  stock is more than 50 percent owned or controlled by the
  798  taxpayer or members of its affiliated group and which is engaged
  799  in the same general line of business.
  800         2. Those received from any corporation which is either a
  801  significant source of supply for the taxpayer or its affiliated
  802  group or a significant purchaser of the output of the taxpayer
  803  or its affiliated group, or which sells a significant part of
  804  its output or obtains a significant part of its raw materials or
  805  input from the taxpayer or its affiliated group. “Significant”
  806  means an amount of 15 percent or more.
  807         3. Those resulting from the investment of working capital
  808  or some other purpose in furtherance of the taxpayer or its
  809  affiliated group.
  810  
  811  However, dividends not otherwise subject to tax under this
  812  chapter are excluded.
  813         (r)(m) “Includes” or “including,” when used in a definition
  814  contained in this code, shall not be deemed to exclude other
  815  things otherwise within the meaning of the term defined.
  816         (s)(n) “Internal Revenue Code” means the United States
  817  Internal Revenue Code of 1986, as amended and in effect on
  818  January 1, 2010, except as provided in subsection (3).
  819         (t)(ff) “Job” means a full-time or part-time position, as
  820  consistent with terms used by the Agency for Workforce
  821  Innovation and the United States Department of Labor for
  822  purposes of unemployment compensation tax administration and
  823  employment estimation resulting directly from business
  824  operations in this state. The term may not include a temporary
  825  construction job involved with the construction of facilities or
  826  any job that has previously been included in any application for
  827  tax credits under s. 212.096. The term also includes employment
  828  of an employee leased from an employee leasing company licensed
  829  under chapter 468 if the employee has been continuously leased
  830  to the employer for an average of at least 20 36 hours per week
  831  for more than 6 months.
  832         (u)(o) “Local government” means any county or incorporated
  833  municipality in the state. This paragraph expires on the date
  834  specified in s. 290.016 for the expiration of the Florida
  835  Enterprise Zone Act.
  836         (v)(p) “New business,” for the purposes of the enterprise
  837  zone property tax credit, means any business entity authorized
  838  to do business in this state as defined in paragraph (g) (e), or
  839  any bank or savings and loan association as defined in s.
  840  220.62, subject to the tax imposed by the provisions of this
  841  chapter, first beginning operations on a site located in an
  842  enterprise zone and clearly separate from any other commercial
  843  or industrial operations owned by the same entity, bank, or
  844  savings and loan association and which establishes five or more
  845  new jobs to employ five or more additional full-time or part
  846  time employees at such location. This paragraph expires on the
  847  date specified in s. 290.016 for the expiration of the Florida
  848  Enterprise Zone Act.
  849         (w)(q) “New employee,” for the purposes of the enterprise
  850  zone jobs credit, means a person residing in an enterprise zone
  851  or a participant in the welfare transition program who is
  852  employed at a business located in an enterprise zone who begins
  853  employment in the operations of the business after July 1, 1995,
  854  and who has not been previously employed full time within the
  855  preceding 12 months by the business or a successor business
  856  claiming the credit under pursuant to s. 220.181. A person is
  857  shall be deemed to be employed by such a business if the person
  858  performs duties in connection with the operations of the
  859  business on a full-time or part-time basis, the person provided
  860  she or he is performing such duties for an average of at least
  861  20 36 hours per week each month, and. the person is must be
  862  performing such duties at a business site located in an
  863  enterprise zone. This paragraph expires on the date specified in
  864  s. 290.016 for the expiration of the Florida Enterprise Zone
  865  Act.
  866         (x)(ee) “New job has been created” means that, on the date
  867  of application, the total number of full-time and part-time jobs
  868  is greater than the total was 12 months before prior to that
  869  date, as demonstrated to the department by a business located in
  870  the enterprise zone.
  871         (y)(r) “Nonbusiness income” means rents and royalties from
  872  real or tangible personal property, capital gains, interest,
  873  dividends, and patent and copyright royalties, to the extent
  874  that they do not arise from transactions and activities in the
  875  regular course of the taxpayer’s trade or business. The term
  876  “nonbusiness income” does not include income from tangible and
  877  intangible property if the acquisition, management, and
  878  disposition of the property constitute integral parts of the
  879  taxpayer’s regular trade or business operations, or any amounts
  880  which could be included in apportionable income without
  881  violating the due process clause of the United States
  882  Constitution. For purposes of this definition, “income” means
  883  gross receipts less all expenses directly or indirectly
  884  attributable thereto. Functionally related dividends are
  885  presumed to be business income.
  886         (z)(cc) “Operation of a child care facility” means
  887  operation of a child care facility as defined in by s. 402.302,
  888  or any facility providing daily care to children who are mildly
  889  ill, which is located in this state within 5 miles of at least
  890  one place of business of the taxpayer and which is used by the
  891  employees of the taxpayer.
  892         (aa)(s) “Partnership” includes a syndicate, group, pool,
  893  joint venture, or other unincorporated organization through or
  894  by means of which any business, financial operation, or venture
  895  is carried on, including a limited partnership; and the term
  896  “partner” includes a member having a capital or a profits
  897  interest in a partnership.
  898         (bb) “Part-time position” means employment for at least 20,
  899  but less than 40, hours per week.
  900         (cc)(t) “Project” means any activity undertaken by an
  901  eligible sponsor, as defined in s. 220.183(2)(c), which is
  902  designed to construct, improve, or substantially rehabilitate
  903  housing that is affordable to low-income or very-low-income
  904  households as defined in s. 420.9071(19) and (28); designed to
  905  provide commercial, industrial, or public resources and
  906  facilities; or designed to improve entrepreneurial and job
  907  development opportunities for low-income persons. A project may
  908  be the investment necessary to increase access to high-speed
  909  broadband capability in rural communities with enterprise zones,
  910  including projects that result in improvements to communications
  911  assets that are owned by a business. A project may include the
  912  provision of museum educational programs and materials that are
  913  directly related to any project approved between January 1,
  914  1996, and December 31, 1999, and located in an enterprise zone
  915  designated pursuant to s. 290.0065. This paragraph does not
  916  preclude projects that propose to construct or rehabilitate low
  917  income or very-low-income housing on scattered sites. With
  918  respect to housing, contributions may be used to pay the
  919  following eligible project-related activities:
  920         1. Project development, impact, and management fees for
  921  low-income or very-low-income housing projects;
  922         2. Down payment and closing costs for eligible persons, as
  923  defined in s. 420.9071(19) and (28);
  924         3. Administrative costs, including housing counseling and
  925  marketing fees, not to exceed 10 percent of the community
  926  contribution, directly related to low-income or very-low-income
  927  projects; and
  928         4. Removal of liens recorded against residential property
  929  by municipal, county, or special-district local governments when
  930  satisfaction of the lien is a necessary precedent to the
  931  transfer of the property to an eligible person, as defined in s.
  932  420.9071(19) and (28), for the purpose of promoting home
  933  ownership. Contributions for lien removal must be received from
  934  a nonrelated third party.
  935  
  936  The provisions of this paragraph shall expire and be void on
  937  June 30, 2015.
  938         (dd)(u) “Rebuilding of an existing business” means
  939  replacement or restoration of real or tangible property
  940  destroyed or damaged in an emergency, as defined in paragraph
  941  (k) (i), after July 1, 1995, in an enterprise zone, by a
  942  business entity authorized to do business in this state as
  943  defined in paragraph (g) (e), or a bank or savings and loan
  944  association as defined in s. 220.62, subject to the tax imposed
  945  by the provisions of this chapter, located in the enterprise
  946  zone. This paragraph expires on the date specified in s. 290.016
  947  for the expiration of the Florida Enterprise Zone Act.
  948         (ee)(v) “Regulations” includes rules promulgated, and forms
  949  prescribed, by the department.
  950         (ff)(w) “Returns” includes declarations of estimated tax
  951  required under this code.
  952         (gg)(x) “State,” when applied to a jurisdiction other than
  953  Florida, means any state of the United States, the District of
  954  Columbia, the Commonwealth of Puerto Rico, any territory or
  955  possession of the United States, and any foreign country, or any
  956  political subdivision of any of the foregoing.
  957         (hh)(y) “Taxable year” means the calendar or fiscal year
  958  upon the basis of which net income is computed under this code,
  959  including, in the case of a return made for a fractional part of
  960  a year, the period for which such return is made.
  961         (ii)(z) “Taxpayer” means any corporation subject to the tax
  962  imposed by this code, and includes all corporations for which a
  963  consolidated return is filed under s. 220.131. However,
  964  “taxpayer” does not include a corporation having no individuals
  965  (including individuals employed by an affiliate) receiving
  966  compensation in this state as defined in s. 220.15 when the only
  967  property owned or leased by said corporation (including an
  968  affiliate) in this state is located at the premises of a printer
  969  with which it has contracted for printing, if such property
  970  consists of the final printed product, property which becomes a
  971  part of the final printed product, or property from which the
  972  printed product is produced.
  973         (5)
  974         (c) A taxpayer may make an election, in the manner
  975  prescribed by the department, by August 26, 1982, or a taxpayer
  976  filing an initial return may make an election upon filing the
  977  first return for the tax due under this chapter, whichever is
  978  later, to report and pay the tax levied by this chapter as if:
  979         1. The Internal Revenue Code of 1954, as amended and in
  980  effect on January 1, 1980, is in effect indefinitely thereafter;
  981  and
  982         2. Solely for the purpose of computing depreciation
  983  deductions, the provisions of chapter 220, Florida Statutes,
  984  1980 Supplement, are in effect indefinitely thereafter.
  985  
  986  For the purposes of taxation of taxpayers who make the election
  987  provided for in this paragraph, the Internal Revenue Code of
  988  1954, as amended and in effect on January 1, 1980, shall
  989  include, for tax years beginning on or after January 1, 1982,
  990  the provisions of the Foreign Investment in Real Property Tax
  991  Act of 1980, Subtitle C of Title XI of Pub. L. No. 96-499 and
  992  the amendments to those provisions codified in the Internal
  993  Revenue Code, as defined in paragraph (1)(s)(n). Taxpayers may
  994  one time only revoke an election made pursuant to this
  995  paragraph, in accordance with rules formulated by the
  996  department. Such revocation shall be prospective in nature, and
  997  all transactions and events occurring during the period during
  998  which the election provided for in this paragraph is in effect
  999  and the continuing tax ramifications of such events and
 1000  transactions shall be governed by the provisions of this
 1001  paragraph.
 1002         Section 12. Section 220.181, Florida Statutes, is amended
 1003  to read:
 1004         220.181 Enterprise zone jobs credit.—
 1005         (1)(a) There shall be allowed a credit against the tax
 1006  imposed by this chapter to any business located in an enterprise
 1007  zone which demonstrates to the department that, on the date of
 1008  application, the total number of full-time and part-time jobs is
 1009  greater than the total was 12 months before prior to that date.
 1010  The credit shall be computed as 20 percent of the actual monthly
 1011  wages paid in this state to each new employee hired when a new
 1012  job is has been created, as defined under s. 220.03(1)(ee),
 1013  unless the business is located in a rural enterprise zone,
 1014  pursuant to s. 290.004(6), in which case the credit shall be 30
 1015  percent of the actual monthly wages paid. If no less than 20
 1016  percent of the employees of the business are residents of an
 1017  enterprise zone, excluding temporary and part-time employees,
 1018  the credit shall be computed as 30 percent of the actual monthly
 1019  wages paid in this state to each new employee hired when a new
 1020  job has been created, unless the business is located in a rural
 1021  enterprise zone, in which case the credit shall be 45 percent of
 1022  the actual monthly wages paid, for a period of up to 24
 1023  consecutive months. If the new employee hired when a new job is
 1024  created is a participant in the welfare transition program, the
 1025  following credit shall be a percent of the actual monthly wages
 1026  paid: 40 percent for $4 above the hourly federal minimum wage
 1027  rate; 41 percent for $5 above the hourly federal minimum wage
 1028  rate; 42 percent for $6 above the hourly federal minimum wage
 1029  rate; 43 percent for $7 above the hourly federal minimum wage
 1030  rate; and 44 percent for $8 above the hourly federal minimum
 1031  wage rate.
 1032         (b) This credit applies only with respect to wages subject
 1033  to unemployment tax. The credit provided in this section does
 1034  not apply:
 1035         1. For any employee who is an owner, partner, or majority
 1036  stockholder of an eligible business.
 1037         2. For any new employee who is employed for any period less
 1038  than 3 months.
 1039         (c) If this credit is not fully used in any one year, the
 1040  unused amount may be carried forward for a period not to exceed
 1041  5 years. The carryover credit may be used in a subsequent year
 1042  when the tax imposed by this chapter for such year exceeds the
 1043  credit for such year after applying the other credits and unused
 1044  credit carryovers in the order provided in s. 220.02(8).
 1045         (2) When filing for an enterprise zone jobs credit, a
 1046  business must file under oath with the governing body or
 1047  enterprise zone development agency having jurisdiction over the
 1048  enterprise zone where the business is located, as applicable, a
 1049  statement which includes:
 1050         (a) For each new employee for whom this credit is claimed,
 1051  the employee’s name and address place of residence during the
 1052  taxable year, including the identifying number assigned pursuant
 1053  to s. 290.0065 to the enterprise zone in which the new employee
 1054  resides if the new employee is a person residing in an
 1055  enterprise zone, and, if applicable, documentation that the
 1056  employee is a welfare transition program participant.
 1057         (b) If applicable, the name and address of each permanent
 1058  employee of the business, including, for each employee who is a
 1059  resident of an enterprise zone, the identifying number assigned
 1060  pursuant to s. 290.0065 to the enterprise zone in which the
 1061  employee resides.
 1062         (b)(c) The name and address of the business.
 1063         (c)(d) The identifying number assigned pursuant to s.
 1064  290.0065 to the enterprise zone in which the eligible business
 1065  is located.
 1066         (d)(e) The salary or hourly wages paid to each new employee
 1067  claimed.
 1068         (e)(f) Demonstration to the department that, on the date of
 1069  application, the total number of full-time and part-time jobs is
 1070  greater than the total was 12 months before prior to that date.
 1071         (f)(g) Whether the business is a small business as defined
 1072  in by s. 288.703(1).
 1073         (3) Within 10 working days after receipt of an application,
 1074  the governing body or enterprise zone development agency shall
 1075  review the application to determine if it contains all the
 1076  information required pursuant to subsection (2) and meets the
 1077  criteria set out in this section. The governing body or agency
 1078  shall certify all applications that contain the information
 1079  required pursuant to subsection (2) and meet the criteria set
 1080  out in this section as eligible to receive a credit. If
 1081  applicable, the governing body or agency shall also certify if
 1082  20 percent of the employees of the business are residents of an
 1083  enterprise zone, excluding temporary and part-time employees.
 1084  The certification shall be in writing, and a copy of the
 1085  certification shall be transmitted to the executive director of
 1086  the Department of Revenue. The business is shall be responsible
 1087  for forwarding a certified application to the department.
 1088         (4) It shall be the responsibility of The taxpayer must to
 1089  affirmatively demonstrate to the satisfaction of the department
 1090  that it meets the requirements of this section act.
 1091         (5) For the purpose of this section, the term “month” means
 1092  either a calendar month or the time period from any day of any
 1093  month to the corresponding day of the next succeeding month or,
 1094  if there is no corresponding day in the next succeeding month,
 1095  the last day of the succeeding month.
 1096         (6) A No business that which files an amended return for a
 1097  taxable year is not shall be allowed any amount of credit or
 1098  credit carryforward pursuant to this section in excess of the
 1099  amount claimed by such business on its original return for the
 1100  taxable year. The provisions of This subsection does do not
 1101  apply to increases in the amount of credit claimed under this
 1102  section on an amended return due to the use of any credit amount
 1103  previously carried forward for the taxable year on the original
 1104  return or any eligible prior year under paragraph (1)(c).
 1105         (7) Any business which has claimed this credit is shall not
 1106  be allowed any credit under the provision of s. 212.096 for any
 1107  new employee beginning employment after July 1, 1995. The
 1108  provisions of This subsection does shall not apply when a
 1109  corporation converts to an S corporation for purposes of
 1110  compliance with the Internal Revenue Code of 1986, as amended;
 1111  however, a no corporation is not shall be allowed the benefit of
 1112  this credit and the credit under s. 212.096 either for the same
 1113  new employee or for the same taxable year. In addition, such a
 1114  corporation is shall not be allowed any credit under s. 212.096
 1115  until it has filed notice of its intent to change its status for
 1116  tax purposes and until its final return under this chapter for
 1117  the taxable year before prior to such change is has been filed.
 1118         (8)(a) Any person who fraudulently claims this credit is
 1119  liable for repayment of the credit, plus a mandatory penalty in
 1120  the amount of 200 percent of the credit, plus interest at the
 1121  rate provided in s. 220.807, and commits a felony of the third
 1122  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1123  775.084.
 1124         (b) Any person who makes an underpayment of tax as a result
 1125  of a grossly overstated claim for this credit commits is guilty
 1126  of a felony of the third degree, punishable as provided in s.
 1127  775.082, s. 775.083, or s. 775.084. For purposes of this
 1128  paragraph, a grossly overstated claim means a claim in an amount
 1129  in excess of 100 percent of the amount of credit allowable under
 1130  this section.
 1131         (9) This section, except paragraph (1)(c) and subsection
 1132  (8), expires on the date specified in s. 290.016 for the
 1133  expiration of the Florida Enterprise Zone Act, and a business
 1134  may not begin claiming the enterprise zone jobs credit after
 1135  that date; however, the expiration of this section does not
 1136  affect the operation of any credit for which a business has
 1137  qualified under this section before that date, or any
 1138  carryforward of unused credit amounts as provided in paragraph
 1139  (1)(c).
 1140         Section 13. Section 220.182, Florida Statutes, is amended
 1141  to read:
 1142         220.182 Enterprise zone property tax credit.—
 1143         (1)(a) Beginning July 1, 1995, There shall be allowed a
 1144  credit against the tax imposed by this chapter to any business
 1145  which establishes a new business as defined in s.
 1146  220.03(1)(v)(p), expands an existing business as defined in s.
 1147  220.03(1)(m)(k), or rebuilds an existing business as defined in
 1148  s. 220.03(1)(dd)(u) in this state. The credit shall be computed
 1149  annually as ad valorem taxes paid in this state, in the case of
 1150  a new business; the additional ad valorem tax paid in this state
 1151  resulting from assessments on additional real or tangible
 1152  personal property acquired to facilitate the expansion of an
 1153  existing business; or the ad valorem taxes paid in this state
 1154  resulting from assessments on property replaced or restored, in
 1155  the case of a rebuilt business, including pollution and waste
 1156  control facilities, or any part thereof, and including one or
 1157  more buildings or other structures, machinery, fixtures, and
 1158  equipment.
 1159         (b) If the credit granted pursuant to this section is not
 1160  fully used in any one year, the unused amount may be carried
 1161  forward for a period not to exceed 5 years. The carryover credit
 1162  may be used in a subsequent year when the tax imposed by this
 1163  chapter for such year exceeds the credit for such year under
 1164  this section after applying the other credits and unused credit
 1165  carryovers in the order provided in s. 220.02(8). The amount of
 1166  credit taken under this section in any one year, however, may
 1167  shall not exceed $25,000, or, if no less than 20 percent of the
 1168  employees of the business are residents of an enterprise zone,
 1169  excluding temporary employees, the amount shall not exceed
 1170  $50,000.
 1171         (2) To be eligible to receive an expanded enterprise zone
 1172  property tax credit of up to $50,000, the business must provide
 1173  a statement, under oath, on the form prescribed by the
 1174  department for claiming the credit authorized by this section,
 1175  that no less than 20 percent of its employees, excluding
 1176  temporary and part-time employees, are residents of an
 1177  enterprise zone. It shall be a condition precedent to the
 1178  granting of each annual tax credit that such employment
 1179  requirements be fulfilled throughout each year during the 5-year
 1180  period of the credit. The statement shall set forth the name and
 1181  place of residence of each permanent employee on the last day of
 1182  business of the tax year for which the credit is claimed or, if
 1183  the employee is no longer employed or eligible for the credit on
 1184  that date, the last calendar day of the last full calendar month
 1185  the employee was employed or eligible for the credit at the
 1186  relevant site.
 1187         (2)(3) The credit shall be available to a new business for
 1188  a period not to exceed the year in which ad valorem taxes are
 1189  first levied against the business and the 4 years immediately
 1190  thereafter. The credit shall be available to an expanded
 1191  existing business for a period not to exceed the year in which
 1192  ad valorem taxes are first levied on additional real or tangible
 1193  personal property acquired to facilitate the expansion or
 1194  rebuilding and the 4 years immediately thereafter. A No business
 1195  may not shall be entitled to claim the credit authorized by this
 1196  section, except any amount attributable to the carryover of a
 1197  previously earned credit, for more than 5 consecutive years.
 1198         (3)(4) To be eligible for an enterprise zone property tax
 1199  credit, a new, expanded, or rebuilt business shall file a notice
 1200  with the property appraiser of the county in which the business
 1201  property is located or to be located. The notice shall be filed
 1202  no later than April 1 of the year in which new or additional
 1203  real or tangible personal property acquired to facilitate such
 1204  new, expanded, or rebuilt facility is first subject to
 1205  assessment. The notice shall be made on a form prescribed by the
 1206  department and shall include separate descriptions of:
 1207         (a) Real and tangible personal property owned or leased by
 1208  the business before prior to expansion, if any.
 1209         (b) Net new or additional real and tangible personal
 1210  property acquired to facilitate the new, expanded, or rebuilt
 1211  facility.
 1212         (4)(5) When filing for an enterprise zone property tax
 1213  credit as a new business, a business shall include a copy of its
 1214  receipt indicating payment of ad valorem taxes for the current
 1215  year.
 1216         (5)(6) When filing for an enterprise zone property tax
 1217  credit as an expanded or rebuilt business, a business shall
 1218  include copies of its receipts indicating payment of ad valorem
 1219  taxes for the current year for prior existing property and for
 1220  expansion-related or rebuilt property.
 1221         (6)(7) The receipts described in subsections (4) (5) and
 1222  (5) (6) shall indicate the assessed value of the property, the
 1223  property taxes paid, a brief description of the property, and an
 1224  indication, if applicable, that the property was separately
 1225  assessed as expansion-related or rebuilt property.
 1226         (7)(8) The department may has authority to adopt rules
 1227  pursuant to ss. 120.536(1) and 120.54 to implement the
 1228  provisions of this section act.
 1229         (8)(9)It shall be the responsibility of The taxpayer must
 1230  to affirmatively demonstrate to the satisfaction of the
 1231  department that he or she meets the requirements of this section
 1232  act.
 1233         (9)(10) When filing for an enterprise zone property tax
 1234  credit as an expansion of an existing business or as a new
 1235  business, it shall be a condition precedent to the granting of
 1236  each annual tax credit that there have been, throughout each
 1237  year during the 5-year period, at least no fewer than five more
 1238  employees than in the year preceding the initial granting of the
 1239  credit.
 1240         (10)(11) To apply for an enterprise zone property tax
 1241  credit, a new, expanded, or rebuilt business must file under
 1242  oath with the governing body or enterprise zone development
 1243  agency having jurisdiction over the enterprise zone where the
 1244  business is located, as applicable, an application prescribed by
 1245  the department for claiming the credit authorized by this
 1246  section. Within 10 working days after receipt of an application,
 1247  the governing body or enterprise zone development agency shall
 1248  review the application to determine if it contains all the
 1249  information required pursuant to this section and meets the
 1250  criteria set out in this section. The governing body or agency
 1251  shall certify all applications that contain the information
 1252  required pursuant to this section and meet the criteria set out
 1253  in this section as eligible to receive a credit. If applicable,
 1254  the governing body or agency shall also certify if 20 percent of
 1255  the employees of the business are residents of an enterprise
 1256  zone, excluding temporary and part-time employees. The
 1257  certification shall be in writing, and a copy of the
 1258  certification shall be transmitted to the executive director of
 1259  the Department of Revenue. The business shall be responsible for
 1260  forwarding all certified applications to the department.
 1261         (11)(12) When filing for an enterprise zone property tax
 1262  credit, a business shall include the identifying number assigned
 1263  pursuant to s. 290.0065 to the enterprise zone in which the
 1264  business is located.
 1265         (12)(13) When filing for an enterprise zone property tax
 1266  credit, a business shall indicate whether the business is a
 1267  small business as defined in by s. 288.703(1).
 1268         (13)(14) This section expires on the date specified in s.
 1269  290.016 for the expiration of the Florida Enterprise Zone Act,
 1270  and a business may not begin claiming the enterprise zone
 1271  property tax credit after that date; however, the expiration of
 1272  this section does not affect the operation of any credit for
 1273  which a business has qualified under this section before that
 1274  date, or any carryforward of unused credit amounts as provided
 1275  in paragraph (1)(b).
 1276         Section 14. Subsection (1) of section 193.077, Florida
 1277  Statutes, is amended to read:
 1278         193.077 Notice of new, rebuilt, or expanded property.—
 1279         (1) The property appraiser shall accept notices on or
 1280  before April 1 of the year in which the new or additional real
 1281  or personal property acquired to establish a new business or
 1282  facilitate a business expansion or restoration is first subject
 1283  to assessment. The notice shall be filed, on a form prescribed
 1284  by the department, by any business seeking to qualify for an
 1285  enterprise zone property tax credit as a new or expanded
 1286  business pursuant to s. 220.182(3)(4).
 1287         Section 15. Paragraph (a) of subsection (5) of section
 1288  193.085, Florida Statutes, is amended to read:
 1289         193.085 Listing all property.—
 1290         (5)(a) Beginning in the year in which a notice of new,
 1291  rebuilt, or expanded property is accepted and certified pursuant
 1292  to s. 193.077 and for the 4 years immediately thereafter, the
 1293  property appraiser shall separately assess the prior existing
 1294  property and the expansion-related or rebuilt property, if any,
 1295  of each business having submitted said notice pursuant to s.
 1296  220.182(3)(4). The listing of expansion-related or rebuilt
 1297  property on an assessment roll shall immediately follow the
 1298  listing of prior existing property for each expanded business.
 1299  However, beginning with the first assessment roll following
 1300  receipt of a notice from the department that a business has been
 1301  disallowed an enterprise zone property tax credit, the property
 1302  appraiser shall singly list the property of such business.
 1303         Section 16. Paragraph (a) of subsection (15) of section
 1304  212.06, Florida Statutes, is amended to read:
 1305         212.06 Sales, storage, use tax; collectible from dealers;
 1306  “dealer” defined; dealers to collect from purchasers;
 1307  legislative intent as to scope of tax.—
 1308         (15)(a) When a contractor secures rock, shell, fill dirt,
 1309  or similar materials from a location that he or she owns or
 1310  leases and uses such materials to fulfill a real property
 1311  contract on the property of another person, the contractor is
 1312  the ultimate consumer of such materials and is liable for use
 1313  tax thereon. This paragraph does not apply to a person or a
 1314  corporation or affiliated group as defined in by s. 220.03(1)(b)
 1315  or (g) (e) that secures such materials from a location that he,
 1316  she, or it owns for use on his, her, or its own property. The
 1317  basis upon which the contractor shall remit the tax is the fair
 1318  retail market value determined by establishing either the price
 1319  he or she would have to pay for it on the open market or the
 1320  price he or she would regularly charge if he or she sold it to
 1321  other contractors or users.
 1322         Section 17. Paragraph (b) of subsection (6) and paragraph
 1323  (b) of subsection (7) of section 220.02, Florida Statutes, are
 1324  amended to read:
 1325         220.02 Legislative intent.—
 1326         (6)
 1327         (b) Any person charged with any criminal offense arising
 1328  from a civil disorder associated with an emergency, as defined
 1329  in s. 220.03(1)(i), and found guilty, whether or not
 1330  adjudication of guilt or imposition of sentence is suspended,
 1331  deferred, or withheld, is not eligible to make application for,
 1332  receive, or in any other manner enjoy the benefits or any form
 1333  of assistance available under chapter 80-247, Laws of Florida.
 1334         (7)
 1335         (b) Any person charged with any criminal offense arising
 1336  from a civil disorder associated with an emergency, as defined
 1337  in s. 220.03(1)(i), and found guilty, whether or not
 1338  adjudication of guilt or imposition of sentence is suspended,
 1339  deferred, or withheld, is not eligible to make application for,
 1340  receive, or in any other manner enjoy the benefits or any form
 1341  of assistance available under chapter 80-248, Laws of Florida.
 1342         Section 18. Paragraphs (a) and (b) of subsection (2) of
 1343  section 220.183, Florida Statutes, are amended to read:
 1344         220.183 Community contribution tax credit.—
 1345         (2) ELIGIBILITY REQUIREMENTS.—
 1346         (a) All community contributions by a business firm shall be
 1347  in the form specified in s. 220.03(1)(f)(d).
 1348         (b)1. All community contributions must be reserved
 1349  exclusively for use in projects as defined in s.
 1350  220.03(1)(cc)(t).
 1351         2. If, during the first 10 business days of the state
 1352  fiscal year, eligible tax credit applications for projects that
 1353  provide homeownership opportunities for low-income or very-low
 1354  income households as defined in s. 420.9071(19) and (28) are
 1355  received for less than the annual tax credits available for
 1356  those projects, the Office of Tourism, Trade, and Economic
 1357  Development shall grant tax credits for those applications and
 1358  shall grant remaining tax credits on a first-come, first-served
 1359  basis for any subsequent eligible applications received before
 1360  the end of the state fiscal year. If, during the first 10
 1361  business days of the state fiscal year, eligible tax credit
 1362  applications for projects that provide homeownership
 1363  opportunities for low-income or very-low-income households as
 1364  defined in s. 420.9071(19) and (28) are received for more than
 1365  the annual tax credits available for those projects, the office
 1366  shall grant the tax credits for those applications as follows:
 1367         a. If tax credit applications submitted for approved
 1368  projects of an eligible sponsor do not exceed $200,000 in total,
 1369  the credit shall be granted in full if the tax credit
 1370  applications are approved.
 1371         b. If tax credit applications submitted for approved
 1372  projects of an eligible sponsor exceed $200,000 in total, the
 1373  amount of tax credits granted under sub-subparagraph a. shall be
 1374  subtracted from the amount of available tax credits, and the
 1375  remaining credits shall be granted to each approved tax credit
 1376  application on a pro rata basis.
 1377         3. If, during the first 10 business days of the state
 1378  fiscal year, eligible tax credit applications for projects other
 1379  than those that provide homeownership opportunities for low
 1380  income or very-low-income households as defined in s.
 1381  420.9071(19) and (28) are received for less than the annual tax
 1382  credits available for those projects, the office shall grant tax
 1383  credits for those applications and shall grant remaining tax
 1384  credits on a first-come, first-served basis for any subsequent
 1385  eligible applications received before the end of the state
 1386  fiscal year. If, during the first 10 business days of the state
 1387  fiscal year, eligible tax credit applications for projects other
 1388  than those that provide homeownership opportunities for low
 1389  income or very-low-income households as defined in s.
 1390  420.9071(19) and (28) are received for more than the annual tax
 1391  credits available for those projects, the office shall grant the
 1392  tax credits for those applications on a pro rata basis.
 1393         Section 19. Paragraph (g) of subsection (2) of section
 1394  220.193, Florida Statutes, is amended to read:
 1395         220.193 Florida renewable energy production credit.—
 1396         (2) As used in this section, the term:
 1397         (g) “Taxpayer” includes a general partnership, limited
 1398  partnership, limited liability company, trust, or other
 1399  artificial entity in which a corporation, as defined in s.
 1400  220.03(1)(e), owns an interest and is taxed as a partnership or
 1401  is disregarded as a separate entity from the corporation under
 1402  this chapter.
 1403         Section 20. Paragraphs (a) and (u) of subsection (1) and
 1404  paragraph (f) of subsection (2) of section 288.1045, Florida
 1405  Statutes, are amended to read:
 1406         288.1045 Qualified defense contractor and space flight
 1407  business tax refund program.—
 1408         (1) DEFINITIONS.—As used in this section:
 1409         (a) “Applicant” means any business entity that holds a
 1410  valid Department of Defense contract or space flight business
 1411  contract, any business entity that is a subcontractor under a
 1412  valid Department of Defense contract or space flight business
 1413  contract, or any business entity that holds a valid contract for
 1414  the reuse of a defense-related facility, including all members
 1415  of an affiliated group of corporations as defined in s.
 1416  220.03(1)(b).
 1417         (u) “Taxable year” has means the same meaning as provided
 1418  in s. 220.03(1)(y).
 1419         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 1420         (f) After entering into a tax refund agreement pursuant to
 1421  subsection (4), a qualified applicant may:
 1422         1. Receive refunds from the account for corporate income
 1423  taxes due and paid pursuant to chapter 220 by that business
 1424  beginning with the first taxable year of the business which
 1425  begins after entering into the agreement.
 1426         2. Receive refunds from the account for the following taxes
 1427  due and paid by that business after entering into the agreement:
 1428         a. Taxes on sales, use, and other transactions paid
 1429  pursuant to chapter 212.
 1430         b. Intangible personal property taxes paid pursuant to
 1431  chapter 199.
 1432         c. Emergency excise taxes paid pursuant to chapter 221.
 1433         d. Excise taxes paid on documents pursuant to chapter 201.
 1434         e. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 1435  June 1, 1996.
 1436         f. State communications services taxes administered under
 1437  chapter 202. This provision does not apply to the gross receipts
 1438  tax imposed under chapter 203 and administered under chapter 202
 1439  or the local communications services tax authorized under s.
 1440  202.19.
 1441  
 1442  However, a qualified applicant may not receive a tax refund
 1443  pursuant to this section for any amount of credit, refund, or
 1444  exemption granted such contractor for any of such taxes. If a
 1445  refund for such taxes is provided by the office, which taxes are
 1446  subsequently adjusted by the application of any credit, refund,
 1447  or exemption granted to the qualified applicant other than that
 1448  provided in this section, the qualified applicant shall
 1449  reimburse the Economic Development Trust Fund for the amount of
 1450  such credit, refund, or exemption. A qualified applicant must
 1451  notify and tender payment to the office within 20 days after
 1452  receiving a credit, refund, or exemption, other than that
 1453  provided in this section. The addition of communications
 1454  services taxes administered under chapter 202 is remedial in
 1455  nature and retroactive to October 1, 2001. The office may make
 1456  supplemental tax refund payments to allow for tax refunds for
 1457  communications services taxes paid by an eligible qualified
 1458  defense contractor after October 1, 2001.
 1459         Section 21. Paragraph (u) of subsection (2) of section
 1460  288.106, Florida Statutes, is amended to read:
 1461         288.106 Tax refund program for qualified target industry
 1462  businesses.—
 1463         (2) DEFINITIONS.—As used in this section:
 1464         (u) “Taxable year” has the same meaning as provided means
 1465  taxable year as defined in s. 220.03(1)(y).
 1466         Section 22. Section 290.00677, Florida Statutes, is amended
 1467  to read:
 1468         290.00677 Rural enterprise zones; special qualifications.—
 1469         (1) An Notwithstanding the enterprise zone residency
 1470  requirements set out in s. 212.096(1)(c), eligible business
 1471  businesses as defined in s. 212.096(1)(a) located in rural
 1472  enterprise zones as defined in s. 290.004 may receive the basic
 1473  minimum credit provided under s. 212.096 for creating a new job
 1474  and hiring a person residing within the jurisdiction of a rural
 1475  community as defined in s. 288.106(2). All other provisions of
 1476  s. 212.096, including, but not limited to, those relating to the
 1477  award of enhanced credits, apply to such businesses.
 1478         (2) A business Notwithstanding the enterprise zone
 1479  residency requirements set out in s. 220.03(1)(q), businesses as
 1480  defined in s. 220.03(1)(c) located in rural enterprise zones as
 1481  defined in s. 290.004 may receive the basic minimum credit
 1482  provided under s. 220.181 for creating a new job and hiring a
 1483  person residing within the jurisdiction of a rural community as
 1484  defined in s. 288.106(2). The All other provisions of s.
 1485  220.181, including, but not limited to, those relating to the
 1486  award of enhanced credits, apply to such businesses.
 1487         Section 23. Paragraph (b) of subsection (2) and paragraph
 1488  (e) of subsection (5) of section 624.5105, Florida Statutes, are
 1489  amended to read:
 1490         624.5105 Community contribution tax credit; authorization;
 1491  limitations; eligibility and application requirements;
 1492  administration; definitions; expiration.—
 1493         (2) ELIGIBILITY REQUIREMENTS.—
 1494         (b) Each community contribution must be reserved
 1495  exclusively for use in a project as defined in s. 220.03(1)(t).
 1496         (5) DEFINITIONS.—For the purpose of this section:
 1497         (e) “Project” means an activity as defined in s.
 1498  220.03(1)(cc)(t).
 1499         Section 24. The amendments made by this act to ss. 212.08,
 1500  212.096, 220.03, 220.181, and 220.182, Florida Statutes, shall
 1501  apply prospectively and do not affect the operation of any
 1502  credit for which a business has qualified before the effective
 1503  date of this act.
 1504         Section 25. This act shall take effect July 1, 2011.