Florida Senate - 2012                                     SB 588
       
       
       
       By Senator Garcia
       
       
       
       
       40-00487-12                                            2012588__
    1                        A bill to be entitled                      
    2         An act relating to enterprise zones; creating s.
    3         290.201, F.S.; providing a short title; creating s.
    4         290.203, F.S.; providing definitions for the Urban Job
    5         Creation Investment Act; creating s. 290.205, F.S.;
    6         creating the Florida Urban Investment Job Creation
    7         Authority; providing for the authority’s membership
    8         and duties; requiring the authority to submit annual
    9         reports and a fiscal impact study of each enterprise
   10         program zone to specified officers and agencies;
   11         creating s. 290.207, F.S.; creating a zone development
   12         corporation for each enterprise program zone;
   13         providing for the corporations’ membership, officers,
   14         and duties; requiring that certificates of appointment
   15         be filed with the respective county or municipal
   16         clerk; authorizing reimbursement of travel expenses
   17         for board members; providing for employees and legal
   18         services of zone development corporations; requiring
   19         zone development corporations to submit annual reports
   20         to specified officers and agencies; creating s.
   21         290.209, F.S.; providing for the designation of
   22         enterprise program zones; authorizing the authority to
   23         periodically amend the boundary of an enterprise
   24         program zone; requiring the authority to consider
   25         certain factors when designating or amending zone
   26         boundaries; creating s. 290.211, F.S.; specifying the
   27         qualifications for businesses to receive state
   28         enterprise program zone incentives; creating s.
   29         290.213, F.S.; establishing enterprise program zone
   30         assistance funds; authorizing certain state incentives
   31         for the projects of qualified businesses; providing
   32         for project applications and the approval of projects;
   33         authorizing zone development corporations to use loan
   34         repayments and collected interest for specified
   35         purposes; providing that unexpended appropriations are
   36         to be retained in the Economic Development Trust Fund
   37         at the end of the fiscal year; authorizing
   38         administrative fees for zone development corporations;
   39         creating s. 290.215, F.S.; authorizing certain tax
   40         credits, exemptions from unemployment contributions,
   41         and other state incentives for qualified businesses;
   42         limiting the amount of available incentives in any
   43         fiscal year; providing for the carryforward of unused
   44         incentives; providing for the allocation of certain
   45         appropriations among zone development corporations;
   46         creating s. 290.217, F.S.; requiring the Office of
   47         Program Policy Analysis and Government Accountability
   48         to submit a report evaluating the Urban Job Creation
   49         and Investment Act to the Governor and Legislature;
   50         creating s. 290.219, F.S.; providing for expiration of
   51         the Urban Job Creation Investment Act; abolishing
   52         designated enterprise program zones; creating ss.
   53         212.0965 and 220.1815, F.S.; authorizing certain tax
   54         credits against the sales tax and corporate income tax
   55         for qualified businesses located in enterprise program
   56         zones; providing for application and certification of
   57         tax credits; providing for carryforward of unused
   58         corporate income tax credits; providing for expiration
   59         of tax credits; amending s. 220.02, F.S.; revising
   60         legislative intent for the order of applying corporate
   61         income tax credits; amending s. 443.1217, F.S.;
   62         exempting wages paid by qualified businesses to
   63         certain employees from unemployment contributions;
   64         amending s. 290.016, F.S.; revising the effective date
   65         of the repeal of the Florida Enterprise Zone Act;
   66         reenacting ss. 166.231(8)(c), 193.077(4),
   67         193.085(5)(b), 195.073(4)(b), 195.099(1)(b),
   68         196.012(19), 205.022(4), 205.054(6), 212.02(6),
   69         212.08(5)(g), 212.096(12), 220.02(6)(c) and (7)(c),
   70         220.03(1), 220.13(1)(a), 220.181(9), and 220.182(14),
   71         F.S., relating to an exemption from the public service
   72         tax, certain duties of property appraisers and the
   73         Department of Revenue with respect to property
   74         acquired for a new business or a business expansion or
   75         restoration, definition of the term “enterprise zone”
   76         for purposes of property tax exemptions for
   77         homesteads, local business taxes, and the sales and
   78         use tax, exemptions from local business taxes and the
   79         sales and use tax, and legislative intent,
   80         definitions, and tax credits for the corporate income
   81         tax, to incorporate the amendment to s. 290.016, F.S.,
   82         in references thereto; providing an effective date.
   83  
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Section 290.201, Florida Statutes, is created to
   87  read:
   88         290.201 Short title.—Sections 290.201-290.219 may be cited
   89  as the “Urban Job Creation Investment Act.”
   90         Section 2. Section 290.203, Florida Statutes, is created to
   91  read:
   92         290.203 Definitions.—As used in ss. 290.201-290.219, the
   93  term:
   94         (1) “Authority” means the Florida Urban Investment Job
   95  Creation Authority created under s. 290.205.
   96         (2) “Authorized local economic development agency” means a
   97  public or private entity, including an economic development
   98  agency as defined in s. 288.075, authorized by a county or
   99  municipality to promote the general business or industrial
  100  interests of the county or municipality.
  101         (3) “Business” has the same meaning as provided in s.
  102  212.02.
  103         (4) “Emergency” means occurrence of widespread or severe
  104  damage, injury, or loss of life or property proclaimed under s.
  105  14.022 or declared under s. 252.36.
  106         (5) “Enterprise program zone” means an urban revitalization
  107  zone designated under s. 290.209 which is located in a legacy
  108  enterprise zone or federally designated empowerment zone.
  109         (6) “Enterprise program zone assistance fund” means a
  110  program that provides loans, loan guarantees, loan-loss
  111  reserves, or investments for projects of qualified businesses as
  112  provided in s. 290.213.
  113         (7) “Expansion of an existing business” means the expansion
  114  of an existing business located in an enterprise program zone by
  115  or through additions to real and personal property, resulting in
  116  a net increase in employment of at least 10 percent at such
  117  business.
  118         (8) “Federally designated empowerment zone” means a
  119  geographic area of the state designated by the Federal
  120  Government as an empowerment zone under the Federal Empowerment
  121  Zone Program as defined in s. 290.0491.
  122         (9) “Florida Enterprise Zone Act” has the same meaning as
  123  provided in s. 290.001.
  124         (10) “Legacy enterprise zone” means an enterprise zone
  125  designated under the Florida Enterprise Zone Act.
  126         (11) “New business” means a business that applies for state
  127  incentives under ss. 290.201-290.219 before beginning operations
  128  in an enterprise program zone and that is a legal entity
  129  separate from any other commercial or industrial operations
  130  owned by the same business.
  131         (12) “Project” means the creation of a new business, or the
  132  expansion or rebuilding of an existing business, located in an
  133  enterprise program zone.
  134         (13) “Qualified business” means a business that meets the
  135  qualifications under s. 290.211 to receive state incentives
  136  under ss. 290.213 and 290.215.
  137         (14) “Rebuilding of an existing business” means replacement
  138  or restoration of real or tangible property destroyed or damaged
  139  during an emergency in an enterprise program zone by a business
  140  located in the zone.
  141         (15) “Zone development corporation” means a corporation not
  142  for profit created under s. 290.207 to administer an enterprise
  143  program zone.
  144         Section 3. Section 290.205, Florida Statutes, is created to
  145  read:
  146         290.205 Florida Urban Investment Job Creation Authority;
  147  creation; membership and duties.—
  148         (1) There is created within the Department of Economic
  149  Opportunity the Florida Urban Investment Job Creation Authority.
  150  The authority shall be composed of the following 11 members:
  151         (a) Five public-sector members, who shall be appointed by
  152  the Governor, at least three of whom must be employed or reside
  153  in an enterprise program zone or, for initial members, in a
  154  legacy enterprise zone or federally designated empowerment zone.
  155  The Governor may not appoint more than three public-sector
  156  members of the same political party affiliation. Public-sector
  157  members shall be appointed to terms of 4 years, except that the
  158  Governor, to establish staggered terms, may appoint members to
  159  initial terms of less than 4 years. The Governor shall fill the
  160  vacancy of a public-sector member for the unexpired portion of
  161  the member’s term in the same manner as the original
  162  appointment.
  163         (b) One business owner, who shall be appointed by the
  164  Governor, whose principal place of business is located in an
  165  enterprise program zone or, for the initial member, in a legacy
  166  enterprise zone or federally designated empowerment zone.
  167         (c) The Chief Financial Officer of the state or his or her
  168  designee.
  169         (d) The executive director of the department or his or her
  170  designee.
  171         (e) The president of Enterprise Florida, Inc., or his or
  172  her designee.
  173         (f) One member appointed by the President of the Senate and
  174  one member appointed by the Speaker of the House of
  175  Representatives, both of whom must have training and experience
  176  in local government, finance, economic development, or
  177  redevelopment or participate in volunteer, civic, or community
  178  organizations.
  179         (2) Each member shall hold office until his or her
  180  successor is appointed and qualified, unless the member ceases
  181  to be qualified or is removed from office.
  182         (3) The department shall provide administrative and staff
  183  support services for the authority.
  184         (4) The authority shall:
  185         (a) Designate enterprise program zones pursuant to s.
  186  290.209.
  187         (b) Approve or deny applications, based upon the
  188  recommendations of the zone development corporations, for the
  189  qualification of businesses to receive state incentives under
  190  ss. 290.213 and 290.215.
  191         (c) Certify annually to the Chief Financial Officer the
  192  amounts to be paid from the enterprise program zone assistance
  193  funds to support proposed projects under s. 290.213.
  194         (d) By February 15 of each year, submit an annual report to
  195  the Governor, the President of the Senate, the Speaker of the
  196  House of Representatives, and the department on the authority’s
  197  activities for the previous fiscal year. The report must include
  198  a complete financial statement setting forth the authority’s
  199  assets, liabilities, income, and operating expenses as of the
  200  end of the fiscal year.
  201         (5) One year after the designation of the enterprise
  202  program zones under s. 290.209, the authority shall prepare a
  203  fiscal impact study of each enterprise program zone. The report
  204  must include, but need not be limited to, an analysis of the
  205  effects of each enterprise program zone on the economy of the
  206  county or municipality in which the enterprise program zone is
  207  located and any recommendations for legislation to improve the
  208  effectiveness of the enterprise program zones. By July 1, 2015,
  209  the authority shall submit a copy of the report to the Governor,
  210  the President of the Senate, the Speaker of the House of
  211  Representatives, and the Chief Financial Officer. After
  212  submitting the initial fiscal impact study, the authority shall
  213  prepare such report annually. The authority may use a portion of
  214  any funds provided for projects of qualified businesses by the
  215  enterprise program zone assistance funds to pay the costs of
  216  each study.
  217         Section 4. Section 290.207, Florida Statutes, is created to
  218  read:
  219         290.207 Zone development corporations; creation; board of
  220  directors; membership.—
  221         (1) A zone development corporation shall be created within
  222  each legacy enterprise zone and federally designated empowerment
  223  zone in the state. Each zone development corporation shall be
  224  organized as a corporation not for profit.
  225         (2) The board of directors of each zone development
  226  corporation shall be composed of the following members:
  227         (a) One business owner, who shall be appointed by the
  228  Governor, whose principal place of business is located in the
  229  enterprise program zone or, for the initial member, in the
  230  legacy enterprise zone or federally designated empowerment zone.
  231         (b) Two business or community leaders who reside in, or
  232  whose principal place of business is located in, the enterprise
  233  program zone or, for initial members, in the legacy enterprise
  234  zone or federally designated empowerment zone, one of whom shall
  235  be appointed by the President of the Senate and one of whom
  236  shall be appointed by the Speaker of the House of
  237  Representatives.
  238         (c) For each county all or part of whose territory lies
  239  within the enterprise program zone or, for initial members,
  240  within the legacy enterprise zone or federally designated
  241  empowerment zone, one member appointed by the board of county
  242  commissioners of the county.
  243         (d) For each municipality all or part of whose territory
  244  lies within the enterprise program zone or, for initial members,
  245  within the legacy enterprise zone or federally designated
  246  empowerment zone, one member appointed by the governing board of
  247  the municipality.
  248         (3)(a) Board members shall be appointed to terms of 4
  249  years, except that members appointed by the President of the
  250  Senate and the Speaker of the House of Representatives shall be
  251  appointed to terms of 2 years. A vacancy of the unexpired
  252  portion of a member’s term shall be filled in the same manner as
  253  the original appointment. Each board member shall hold office
  254  until his or her successor is appointed and qualified, unless
  255  the member ceases to be qualified or is removed from office.
  256         (b) Upon the appointment or reappointment of a board
  257  member, the corporation must file a certificate of appointment
  258  or reappointment with the clerk of the respective county or
  259  municipality.
  260         (c) Board members shall serve without compensation but are
  261  entitled to reimbursement for per diem and travel expenses as
  262  provided in s. 112.061.
  263         (4)(a) Each zone development corporation shall select a
  264  chair and vice chair from among its members.
  265         (b) Subject to funding provided by a county, municipality,
  266  or authorized local economic development agency, a zone
  267  development corporation may employ or designate an executive
  268  director, technical experts, and other agents and employees,
  269  permanent and temporary, and determine their qualifications,
  270  duties, and compensation. For legal services, a zone development
  271  corporation may employ private counsel or use attorneys of the
  272  county, municipality, or authorized local economic development
  273  agency at the discretion of the county, municipality, or
  274  authorized local economic development agency.
  275         (5) Each zone development corporation shall:
  276         (a) Adopt and administer a zone development plan that sets
  277  forth the boundary of the enterprise program zone designated
  278  under s. 290.209, the development goals of the enterprise
  279  program zone, and direction for qualified businesses located in
  280  the enterprise program zone.
  281         (b) Conduct meetings of the board of directors at least
  282  quarterly to evaluate applications for qualified businesses to
  283  receive tax credits and other state incentives under s. 290.215.
  284         (c) Administer an enterprise program zone assistance fund
  285  to provide loans, loan guarantees, loan-loss reserves, and
  286  investments for projects of qualified businesses located in the
  287  enterprise program zone pursuant to s. 290.213.
  288         (d) Conduct an open public forum at least quarterly during
  289  which urban development projects and the use of enterprise
  290  program zone assistance funds may be proposed and discussed.
  291         (6)(a) By March 1 of each year, each zone development
  292  corporation shall submit to the county or municipal clerk a
  293  report of its activities for the previous fiscal year. The
  294  report must include a complete financial statement setting forth
  295  the corporation’s assets, liabilities, income, and operating
  296  expenses as of the end of the fiscal year. When filing the
  297  report, each zone development corporation shall publish a notice
  298  in a newspaper of general circulation in the enterprise program
  299  zone that such report was filed with the respective county or
  300  municipal clerk and is available for inspection during business
  301  hours at the offices of the zone development corporation.
  302         (b) By February 15 of each year, each zone development
  303  corporation shall submit a report of its activities to the
  304  Governor, the President of the Senate, the Speaker of the House
  305  of Representatives, and the authority.
  306         (c) Each zone development corporation shall annually submit
  307  a report to the authority accounting for the expenditure of
  308  enterprise program zone assistance funds.
  309         Section 5. Section 290.209, Florida Statutes, is created to
  310  read:
  311         290.209 Designation of enterprise program zones.—
  312         (1) The authority shall, in each legacy enterprise zone and
  313  federally designated empowerment zone in the state, establish an
  314  enterprise program zone and designate the geographic boundary of
  315  the zone.
  316         (2) By October 1, 2012, each zone development corporation
  317  shall submit to the authority the following:
  318         (a) An economic report prepared by the corporation for the
  319  respective enterprise program zone. The report must include
  320  current census data and other economic indicators that identify
  321  the most economically distressed areas in the legacy enterprise
  322  zone or federally designated empowerment zone.
  323         (b) The corporation’s written recommendations for the
  324  initial boundary of the enterprise program zone based upon
  325  findings of the economic report.
  326         (3) Before establishing the initial boundary of an
  327  enterprise program zone, the authority must consider:
  328         (a) The zone development corporation’s economic report and
  329  recommendations for the initial boundary.
  330         (b) The historical boundary of the legacy enterprise zone
  331  or federally designated empowerment zone.
  332         (4) A zone development corporation may periodically apply
  333  to the authority for amendment of the enterprise program zone’s
  334  boundary. The application must be based on a revised economic
  335  report and recommendations submitted to the authority in the
  336  same manner as provided under paragraphs (2)(a) and (b) for the
  337  initial boundary. Before amending the boundary, the authority
  338  must consider the factors described in paragraphs (3)(a) and (b)
  339  and the historical boundary of the enterprise program zone.
  340         (5) The total area of an enterprise program zone may not
  341  exceed 25 percent of the total area of the legacy enterprise
  342  zone or federally designated empowerment zone.
  343         Section 6. Section 290.211, Florida Statutes, is created to
  344  read:
  345         290.211 Qualified businesses.—
  346         (1) Effective July 1, 2013, a business is qualified to
  347  receive the state incentives provided under s. 290.215 if:
  348         (a) The business is authorized to transact business in the
  349  state.
  350         (b) The business is actively engaged in the conduct of a
  351  trade or business located in an enterprise program zone
  352  designated under s. 290.209.
  353         (c) The business is not an adult entertainment
  354  establishment as defined in s. 847.001.
  355         (d) At least 25 percent of the business’s full-time
  356  employees:
  357         1. Reside in the enterprise program zone;
  358         2. Reside in the state and were totally unemployed as
  359  defined in s. 443.036(44)(a) for at least 6 months before
  360  employment by the business;
  361         3. Were recipients of temporary cash assistance under s.
  362  414.045 for at least 6 months before employment by the business;
  363  or
  364         4. Are low-income individuals as defined in the federal
  365  Workforce Investment Act, 29 U.S.C. s. 2801.
  366         (2) A qualified business must maintain its qualifications
  367  under subsection (1) to continue to receive the state incentives
  368  provided under s. 290.215. Upon ceasing to meet the
  369  qualifications, a business may not receive additional
  370  incentives.
  371         Section 7. Section 290.213, Florida Statutes, is created to
  372  read:
  373         290.213 Enterprise program zone assistance funds.—
  374         (1)(a) Effective July 1, 2013, and subject to legislative
  375  appropriations, each zone development corporation shall
  376  administer a separate assistance fund to provide loans, loan
  377  guarantees, loan-loss reserves, and investments for projects of
  378  qualified businesses located in the corporation’s enterprise
  379  program zone.
  380         (b) Each zone development corporation shall develop
  381  criteria for the approval of projects in its enterprise program
  382  zone relating to comprehensive urban planning, neighborhood
  383  aesthetics and compatibility, and the maximization of economic
  384  development and job creation opportunities.
  385         (2)(a) To receive assistance for a project under this
  386  section, a qualified business must apply to the zone development
  387  corporation. The application shall be developed by the authority
  388  in consultation with the department. The application must
  389  demonstrate whether the business is a new business or an
  390  expansion or rebuilding of an existing business located in the
  391  enterprise program zone.
  392         (b) The zone development corporation shall review and,
  393  based upon the corporation’s criteria, evaluate each submitted
  394  application and recommend approval or disapproval to the
  395  authority.
  396         (c) Upon receipt of an application and recommendation from
  397  the zone development corporation, the authority shall review,
  398  evaluate, and determine whether to approve or deny the
  399  application. The authority shall notify the applicant, the zone
  400  development corporation, and the department of each approved
  401  application.
  402         (d) If the authority denies an application, it shall notify
  403  the applicant and the zone development corporation and describe
  404  the reasons for denial. The authority has final approval
  405  authority for projects under this section.
  406         (3) A zone development corporation shall use any loan
  407  repayments and collected interest to provide additional
  408  assistance to qualified businesses for projects under this
  409  section.
  410         (4) Unexpended balances of an appropriation provided for
  411  assistance to qualified businesses under this section do not
  412  revert to the fund from which the appropriation was made at the
  413  end of the fiscal year, but shall be retained in the Economic
  414  Development Trust Fund and be carried forward to provide
  415  additional assistance to qualified businesses under this section
  416  during the following fiscal year.
  417         (5) A zone development corporation may collect an
  418  administrative fee not exceed 10 percent of the assistance
  419  provided to qualified businesses under this section.
  420         Section 8. Section 290.215, Florida Statutes, is created to
  421  read:
  422         290.215 State incentives available for enterprise program
  423  zones; tax increment financing.—
  424         (1)Effective July 1, 2013, the following state incentives
  425  are available for qualified businesses located in an enterprise
  426  program zone:
  427         (a) The enterprise program zone sales and use tax credits
  428  provided under s. 212.0965.
  429         (b) The enterprise program zone corporate income tax
  430  credits provided under s. 220.183.
  431         (c) Loans, loan guarantees, loan-loss reserves, and
  432  investments provided for projects by enterprise program zone
  433  assistance funds under s. 290.213.
  434         (d) A credit against unemployment contributions provided
  435  under s. 443.1217(2)(h).
  436         (2) By June 1, 2013, the authority, in consultation with
  437  the department and the Department of Revenue, shall determine
  438  the tax floor for each enterprise program zone designated under
  439  s. 290.209. As used in this section, the term “tax floor” means
  440  the aggregate amount of sales and use tax collections from all
  441  businesses in an enterprise program zone for the 2011-2012
  442  fiscal year.
  443         (3)(a) By June 1 of each year, the authority, in
  444  consultation with the department and the Department of Revenue,
  445  shall calculate the maximum aggregate amount of state incentives
  446  described in paragraphs (1)(a)-(c) which are available for each
  447  enterprise program zone for the following fiscal year. Such
  448  maximum amount may not exceed the aggregate amount of the sales
  449  and use tax collections from all businesses in the enterprise
  450  program zone during the previous fiscal year which exceed the
  451  tax floor established for the enterprise program zone pursuant
  452  to subsection (2).
  453         (b) Any portion of the maximum amount of state incentives
  454  established per fiscal year which is not used by the end of a
  455  fiscal year shall be carried forward and made available for use
  456  during the following 2 fiscal years in addition to the amounts
  457  available for use under paragraph (a) for those fiscal years.
  458         (4)(a) The authority shall annually allocate legislative
  459  appropriations among the zone development corporations for the
  460  enterprise program zone assistance funds provided to projects of
  461  qualified businesses under s. 290.213. The authority shall
  462  certify annually to the State Treasurer amounts to be paid from
  463  the Economic Development Trust Fund to support the approved
  464  projects.
  465         (b) The amount available for state incentives in the
  466  enterprise program zone, including tax credits, loans, loan
  467  guarantees, loan-loss reserves, and investments authorized in
  468  paragraphs (1)(a)-(c), may not exceed the maximum aggregate
  469  amount calculated for these incentives under paragraph (3)(a).
  470         Section 9. Section 290.217, Florida Statutes, is created to
  471  read:
  472         290.217 Review of enterprise program zones.—
  473         (1) By January 15, 2022, the Office of Program Policy
  474  Analysis and Government Accountability shall submit a report to
  475  the Governor, the President of the Senate, and the Speaker of
  476  the House of Representatives of its findings and recommendations
  477  on the Urban Job Creation Investment Act. The report shall
  478  review and evaluate the effectiveness of each enterprise program
  479  zone using the annual fiscal reports prepared by the authority
  480  under s. 290.205(5). The report shall also evaluate whether the
  481  state incentives provided to businesses in each enterprise
  482  program zone caused or contributed to:
  483         (a) New investment and development in the enterprise
  484  program zone;
  485         (b) An increase in the number of jobs created or retained
  486  in the enterprise program zone;
  487         (c) The renovation, rehabilitation, restoration,
  488  improvement, or new construction of businesses or housing in the
  489  enterprise program zone; or
  490         (d) The economic viability and profitability of businesses
  491  and commerce in the enterprise program zone.
  492         (2) Before the 2022 Regular Session of the Legislature, the
  493  appropriate committees of the Senate and House of
  494  Representatives shall consider legislation to implement the
  495  report’s recommendations.
  496         Section 10. Section 290.219, Florida Statutes, is created
  497  to read:
  498         290.219 Expiration.—
  499         (1) Sections 290.201-290.219 expire June 30, 2022.
  500         (2) Effective June 30, 2022, each enterprise program zone
  501  designated under s. 290.209 is abolished, and a qualified
  502  business may not claim or receive a state incentive provided
  503  under s. 290.213 or s. 290.215 after that date.
  504         Section 11. Section 212.0965, Florida Statutes, is created
  505  to read:
  506         212.0965 Sales, rental, storage, use tax; enterprise
  507  program zone credit against sales tax.—
  508         (1) Effective July 1, 2013, there shall be allowed the
  509  following credits against the tax imposed by this chapter for
  510  any qualified business as defined in s. 290.203 located in an
  511  enterprise program zone:
  512         (a) A credit equal to 50 percent of the business’s sales
  513  and use tax liability imposed under this chapter, except for tax
  514  liability resulting from the purchase of a new or used motor
  515  vehicle or mobile home or the sale of obscene material as
  516  defined in s. 847.0133.
  517         (b) A credit equal to 50 percent of the business’s sales
  518  and use tax liability from the purchase of tangible personal
  519  property that has a depreciable life of 3 years or more.
  520         (2)(a) To be eligible to receive a tax credit provided
  521  under paragraph (1)(a) or paragraph (1)(b), a qualified business
  522  must initially apply to the zone development corporation created
  523  under s. 290.207.
  524         (b) An original certification is valid for 2 years. In lieu
  525  of submitting a new application, the original certification may
  526  be renewed biennially by submitting to the Florida Urban
  527  Investment Job Creation Authority a statement, certified under
  528  oath, that there has been no material change in the conditions
  529  or circumstances entitling the qualified business to the
  530  original certification. The initial application and the
  531  certification renewal statement shall be developed by the
  532  Florida Urban Investment Job Creation Authority in consultation
  533  with the department.
  534         (c) The zone development corporation shall review each
  535  submitted initial application and determine whether the
  536  application is complete. Once complete, the zone development
  537  corporation shall evaluate the application and recommend
  538  approval or disapproval to the Florida Urban Investment Job
  539  Creation Authority.
  540         (d) Upon receipt of an initial application and
  541  recommendation from the zone development corporation, or upon
  542  receipt of a certification renewal statement, the Florida Urban
  543  Investment Job Creation Authority shall certify qualified
  544  businesses that meet the requirements of s. 290.211 and notify
  545  the applicant, the zone development corporation, and the
  546  department of the original certification or certification
  547  renewal.
  548         (e) If the Florida Urban Investment Job Creation Authority
  549  finds that the applicant does not meet the requirements of s.
  550  290.211, it shall notify the applicant and the zone development
  551  corporation that the application for certification is denied and
  552  the reasons for denial. The Florida Urban Investment Job
  553  Creation Authority has final approval authority for
  554  certification under this section.
  555         (3) This section expires on the date specified in s.
  556  290.219 for the expiration of the Urban Job Creation Investment
  557  Act.
  558         Section 12. Section 220.1815, Florida Statutes, is created
  559  to read:
  560         220.1815 Enterprise program zone tax credits.—
  561         (1) Effective July 1, 2013, there shall be allowed the
  562  following credits against the tax imposed by this chapter for
  563  any qualified business as defined in s. 290.203 located in an
  564  enterprise program zone:
  565         (a) A credit equal to 8 percent of the business’s corporate
  566  income tax liability imposed under this chapter.
  567         (b) A credit equal to $1,500 of the business’s corporate
  568  income tax liability for hiring a new full-time employee who
  569  resides in the enterprise program zone, if such employee
  570  received temporary cash assistance under s. 414.045, or was
  571  totally unemployed as defined in s. 443.036(44)(a), for at least
  572  90 days before such employment. The tax credit provided under
  573  this paragraph may be claimed only once per new full-time
  574  employee for the taxable year during which the business
  575  initially hires such employee.
  576         (2)(a) To be eligible to receive a tax credit provided
  577  under paragraph (1)(a) or paragraph (1)(b), a qualified business
  578  must initially apply to the zone development corporation created
  579  under s. 290.207. The application shall be developed by the
  580  Florida Urban Investment Job Creation Authority in consultation
  581  with the department.
  582         (b) When claiming a tax credit under paragraph (1)(b), the
  583  application must include a statement, filed under oath with the
  584  zone development corporation, which includes for each new
  585  employee for whom the credit is claimed, the employee’s name and
  586  residential address during the taxable year and, if applicable,
  587  documentation that the employee received temporary cash
  588  assistance or was totally unemployed for at least 90 days before
  589  employment by the qualified business.
  590         (c) The zone development corporation shall review each
  591  submitted application and determine whether the application is
  592  complete. Once complete, the zone development corporation shall
  593  evaluate the application and recommend approval or disapproval
  594  to the Florida Urban Investment Job Creation Authority.
  595         (d) Upon receipt of an application and recommendation from
  596  the zone development corporation, the Florida Urban Investment
  597  Job Creation Authority shall certify qualified businesses that
  598  meet the requirements of s. 290.211 and this section and notify
  599  the applicant, the zone development corporation, and the
  600  department of the certification.
  601         (e) If the Florida Urban Investment Job Creation Authority
  602  finds that the applicant does not meet the requirements of s.
  603  290.211 or this section, the authority must notify the applicant
  604  and the zone development corporation that the application for
  605  certification is denied and the reasons for denial. The Florida
  606  Urban Investment Job Creation Authority has final approval
  607  authority for certification under this section.
  608         (3) If a tax credit certified under this section is not
  609  fully used in any one year, the unused amount may be carried
  610  forward for a period not to exceed 5 years. The carryover credit
  611  may be used in a subsequent year when the tax imposed by this
  612  chapter for such year exceeds the credit for such year after
  613  applying the other credits and unused credit carryovers in the
  614  order provided in s. 220.02(8).
  615         (4) This section expires on the date specified in s.
  616  290.219 for the expiration of the Urban Job Creation Investment
  617  Act.
  618         Section 13. Subsection (8) of section 220.02, Florida
  619  Statutes, is amended to read:
  620         220.02 Legislative intent.—
  621         (8) It is the intent of the Legislature that credits
  622  against either the corporate income tax or the franchise tax be
  623  applied in the following order: those enumerated in s. 631.828,
  624  those enumerated in s. 220.191, those enumerated in s. 220.181,
  625  those enumerated in s. 220.183, those enumerated in s. 220.182,
  626  those enumerated in s. 220.1895, those enumerated in s. 220.195,
  627  those enumerated in s. 220.184, those enumerated in s. 220.186,
  628  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  629  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  630  those enumerated in s. 220.192, those enumerated in s. 220.193,
  631  those enumerated in s. 288.9916, those enumerated in s.
  632  220.1899, those enumerated in s. 220.1896, those enumerated in
  633  s. 220.194, and those enumerated in s. 220.196, and those
  634  enumerated in s. 220.1815.
  635         Section 14. Paragraph (h) is added to subsection (2) of
  636  section 443.1217, Florida Statutes, to read:
  637         443.1217 Wages.—
  638         (2) For the purpose of determining an employer’s
  639  contributions, the following wages are exempt from this chapter:
  640         (h) Beginning July 1, 2013, remuneration paid by a
  641  qualified business as defined in s. 290.203 to an individual who
  642  earns less than $4,500 during the calendar quarter.
  643         Section 15. Section 290.016, Florida Statutes, is amended
  644  to read:
  645         290.016 Repeal.—Sections 290.001-290.014 are repealed June
  646  30, 2013 December 31, 2015.
  647         Section 16. For the purpose of incorporating the amendment
  648  made by this act to section 290.016, Florida Statutes, in a
  649  reference thereto, paragraph (c) of subsection (8) of section
  650  166.231, Florida Statutes, is reenacted to read:
  651         166.231 Municipalities; public service tax.—
  652         (8)
  653         (c) This subsection expires on the date specified in s.
  654  290.016 for the expiration of the Florida Enterprise Zone Act,
  655  except that any qualified business that has satisfied the
  656  requirements of this subsection before that date shall be
  657  allowed the full benefit of the exemption allowed under this
  658  subsection as if this subsection had not expired on that date.
  659         Section 17. For the purpose of incorporating the amendment
  660  made by this act to section 290.016, Florida Statutes, in a
  661  reference thereto, subsection (4) of section 193.077, Florida
  662  Statutes, is reenacted to read:
  663         193.077 Notice of new, rebuilt, or expanded property.—
  664         (4) This section expires on the date specified in s.
  665  290.016 for the expiration of the Florida Enterprise Zone Act.
  666         Section 18. For the purpose of incorporating the amendment
  667  made by this act to section 290.016, Florida Statutes, in a
  668  reference thereto, paragraph (b) of subsection (5) of section
  669  193.085, Florida Statutes, is reenacted to read:
  670         193.085 Listing all property.—
  671         (5)
  672         (b) This subsection expires on the date specified in s.
  673  290.016 for the expiration of the Florida Enterprise Zone Act.
  674         Section 19. For the purpose of incorporating the amendment
  675  made by this act to section 290.016, Florida Statutes, in a
  676  reference thereto, paragraph (b) of subsection (4) of section
  677  195.073, Florida Statutes, is reenacted to read:
  678         195.073 Classification of property.—All items required by
  679  law to be on the assessment rolls must receive a classification
  680  based upon the use of the property. The department shall
  681  promulgate uniform definitions for all classifications. The
  682  department may designate other subclassifications of property.
  683  No assessment roll may be approved by the department which does
  684  not show proper classifications.
  685         (4)
  686         (b) This subsection expires on the date specified in s.
  687  290.016 for the expiration of the Florida Enterprise Zone Act.
  688         Section 20. For the purpose of incorporating the amendment
  689  made by this act to section 290.016, Florida Statutes, in a
  690  reference thereto, paragraph (b) of subsection (1) of section
  691  195.099, Florida Statutes, is reenacted to read:
  692         195.099 Periodic review.—
  693         (1)
  694         (b) This subsection shall expire on the date specified in
  695  s. 290.016 for the expiration of the Florida Enterprise Zone
  696  Act.
  697         Section 21. For the purpose of incorporating the amendment
  698  made by this act to section 290.016, Florida Statutes, in a
  699  reference thereto, subsection (19) of section 196.012, Florida
  700  Statutes, is reenacted to read:
  701         196.012 Definitions.—For the purpose of this chapter, the
  702  following terms are defined as follows, except where the context
  703  clearly indicates otherwise:
  704         (19) “Enterprise zone” means an area designated as an
  705  enterprise zone pursuant to s. 290.0065. This subsection expires
  706  on the date specified in s. 290.016 for the expiration of the
  707  Florida Enterprise Zone Act.
  708         Section 22. For the purpose of incorporating the amendment
  709  made by this act to section 290.016, Florida Statutes, in a
  710  reference thereto, subsection (4) of section 205.022, Florida
  711  Statutes, is reenacted to read:
  712         205.022 Definitions.—When used in this chapter, the
  713  following terms and phrases shall have the meanings ascribed to
  714  them in this section, except when the context clearly indicates
  715  a different meaning:
  716         (4) “Enterprise zone” means an area designated as an
  717  enterprise zone pursuant to s. 290.0065. This subsection expires
  718  on the date specified in s. 290.016 for the expiration of the
  719  Florida Enterprise Zone Act.
  720         Section 23. For the purpose of incorporating the amendment
  721  made by this act to section 290.016, Florida Statutes, in a
  722  reference thereto, subsection (6) of section 205.054, Florida
  723  Statutes, is reenacted to read:
  724         205.054 Business tax; partial exemption for engaging in
  725  business or occupation in enterprise zone.—
  726         (6) This section expires on the date specified in s.
  727  290.016 for the expiration of the Florida Enterprise Zone Act;
  728  and a receipt may not be issued with the exemption authorized in
  729  this section for any period beginning on or after that date.
  730         Section 24. For the purpose of incorporating the amendment
  731  made by this act to section 290.016, Florida Statutes, in a
  732  reference thereto, subsection (6) of section 212.02, Florida
  733  Statutes, is reenacted to read:
  734         212.02 Definitions.—The following terms and phrases when
  735  used in this chapter have the meanings ascribed to them in this
  736  section, except where the context clearly indicates a different
  737  meaning:
  738         (6) “Enterprise zone” means an area of the state designated
  739  pursuant to s. 290.0065. This subsection expires on the date
  740  specified in s. 290.016 for the expiration of the Florida
  741  Enterprise Zone Act.
  742         Section 25. For the purpose of incorporating the amendment
  743  made by this act to section 290.016, Florida Statutes, in a
  744  reference thereto, paragraph (g) of subsection (5) of section
  745  212.08, Florida Statutes, is reenacted to read:
  746         212.08 Sales, rental, use, consumption, distribution, and
  747  storage tax; specified exemptions.—The sale at retail, the
  748  rental, the use, the consumption, the distribution, and the
  749  storage to be used or consumed in this state of the following
  750  are hereby specifically exempt from the tax imposed by this
  751  chapter.
  752         (5) EXEMPTIONS; ACCOUNT OF USE.—
  753         (g) Building materials used in the rehabilitation of real
  754  property located in an enterprise zone.—
  755         1. Building materials used in the rehabilitation of real
  756  property located in an enterprise zone are exempt from the tax
  757  imposed by this chapter upon an affirmative showing to the
  758  satisfaction of the department that the items have been used for
  759  the rehabilitation of real property located in an enterprise
  760  zone. Except as provided in subparagraph 2., this exemption
  761  inures to the owner, lessee, or lessor at the time the real
  762  property is rehabilitated, but only through a refund of
  763  previously paid taxes. To receive a refund pursuant to this
  764  paragraph, the owner, lessee, or lessor of the rehabilitated
  765  real property must file an application under oath with the
  766  governing body or enterprise zone development agency having
  767  jurisdiction over the enterprise zone where the business is
  768  located, as applicable. A single application for a refund may be
  769  submitted for multiple, contiguous parcels that were part of a
  770  single parcel that was divided as part of the rehabilitation of
  771  the property. All other requirements of this paragraph apply to
  772  each parcel on an individual basis. The application must
  773  include:
  774         a. The name and address of the person claiming the refund.
  775         b. An address and assessment roll parcel number of the
  776  rehabilitated real property for which a refund of previously
  777  paid taxes is being sought.
  778         c. A description of the improvements made to accomplish the
  779  rehabilitation of the real property.
  780         d. A copy of a valid building permit issued by the county
  781  or municipal building department for the rehabilitation of the
  782  real property.
  783         e. A sworn statement, under penalty of perjury, from the
  784  general contractor licensed in this state with whom the
  785  applicant contracted to make the improvements necessary to
  786  rehabilitate the real property, which lists the building
  787  materials used to rehabilitate the real property, the actual
  788  cost of the building materials, and the amount of sales tax paid
  789  in this state on the building materials. If a general contractor
  790  was not used, the applicant, not a general contractor, shall
  791  make the sworn statement required by this sub-subparagraph.
  792  Copies of the invoices that evidence the purchase of the
  793  building materials used in the rehabilitation and the payment of
  794  sales tax on the building materials must be attached to the
  795  sworn statement provided by the general contractor or by the
  796  applicant. Unless the actual cost of building materials used in
  797  the rehabilitation of real property and the payment of sales
  798  taxes is documented by a general contractor or by the applicant
  799  in this manner, the cost of the building materials is deemed to
  800  be an amount equal to 40 percent of the increase in assessed
  801  value for ad valorem tax purposes.
  802         f. The identifying number assigned pursuant to s. 290.0065
  803  to the enterprise zone in which the rehabilitated real property
  804  is located.
  805         g. A certification by the local building code inspector
  806  that the improvements necessary to rehabilitate the real
  807  property are substantially completed.
  808         h. A statement of whether the business is a small business
  809  as defined by s. 288.703.
  810         i. If applicable, the name and address of each permanent
  811  employee of the business, including, for each employee who is a
  812  resident of an enterprise zone, the identifying number assigned
  813  pursuant to s. 290.0065 to the enterprise zone in which the
  814  employee resides.
  815         2. This exemption inures to a municipality, county, other
  816  governmental unit or agency, or nonprofit community-based
  817  organization through a refund of previously paid taxes if the
  818  building materials used in the rehabilitation are paid for from
  819  the funds of a community development block grant, State Housing
  820  Initiatives Partnership Program, or similar grant or loan
  821  program. To receive a refund, a municipality, county, other
  822  governmental unit or agency, or nonprofit community-based
  823  organization must file an application that includes the same
  824  information required in subparagraph 1. In addition, the
  825  application must include a sworn statement signed by the chief
  826  executive officer of the municipality, county, other
  827  governmental unit or agency, or nonprofit community-based
  828  organization seeking a refund which states that the building
  829  materials for which a refund is sought were funded by a
  830  community development block grant, State Housing Initiatives
  831  Partnership Program, or similar grant or loan program.
  832         3. Within 10 working days after receipt of an application,
  833  the governing body or enterprise zone development agency shall
  834  review the application to determine if it contains all the
  835  information required by subparagraph 1. or subparagraph 2. and
  836  meets the criteria set out in this paragraph. The governing body
  837  or agency shall certify all applications that contain the
  838  required information and are eligible to receive a refund. If
  839  applicable, the governing body or agency shall also certify if
  840  20 percent of the employees of the business are residents of an
  841  enterprise zone, excluding temporary and part-time employees.
  842  The certification must be in writing, and a copy of the
  843  certification shall be transmitted to the executive director of
  844  the department. The applicant is responsible for forwarding a
  845  certified application to the department within the time
  846  specified in subparagraph 4.
  847         4. An application for a refund must be submitted to the
  848  department within 6 months after the rehabilitation of the
  849  property is deemed to be substantially completed by the local
  850  building code inspector or by November 1 after the rehabilitated
  851  property is first subject to assessment.
  852         5. Only one exemption through a refund of previously paid
  853  taxes for the rehabilitation of real property is permitted for
  854  any single parcel of property unless there is a change in
  855  ownership, a new lessor, or a new lessee of the real property. A
  856  refund may not be granted unless the amount to be refunded
  857  exceeds $500. A refund may not exceed the lesser of 97 percent
  858  of the Florida sales or use tax paid on the cost of the building
  859  materials used in the rehabilitation of the real property as
  860  determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
  861  at least 20 percent of the employees of the business are
  862  residents of an enterprise zone, excluding temporary and part
  863  time employees, the amount of refund may not exceed the lesser
  864  of 97 percent of the sales tax paid on the cost of the building
  865  materials or $10,000. A refund shall be made within 30 days
  866  after formal approval by the department of the application for
  867  the refund.
  868         6. The department shall adopt rules governing the manner
  869  and form of refund applications and may establish guidelines as
  870  to the requisites for an affirmative showing of qualification
  871  for exemption under this paragraph.
  872         7. The department shall deduct an amount equal to 10
  873  percent of each refund granted under this paragraph from the
  874  amount transferred into the Local Government Half-cent Sales Tax
  875  Clearing Trust Fund pursuant to s. 212.20 for the county area in
  876  which the rehabilitated real property is located and shall
  877  transfer that amount to the General Revenue Fund.
  878         8. For the purposes of the exemption provided in this
  879  paragraph, the term:
  880         a. “Building materials” means tangible personal property
  881  that becomes a component part of improvements to real property.
  882         b. “Real property” has the same meaning as provided in s.
  883  192.001(12), except that the term does not include a condominium
  884  parcel or condominium property as defined in s. 718.103.
  885         c. “Rehabilitation of real property” means the
  886  reconstruction, renovation, restoration, rehabilitation,
  887  construction, or expansion of improvements to real property.
  888         d. “Substantially completed” has the same meaning as
  889  provided in s. 192.042(1).
  890         9. This paragraph expires on the date specified in s.
  891  290.016 for the expiration of the Florida Enterprise Zone Act.
  892         Section 26. For the purpose of incorporating the amendment
  893  made by this act to section 290.016, Florida Statutes, in a
  894  reference thereto, subsection (12) of section 212.096, Florida
  895  Statutes, is reenacted to read:
  896         212.096 Sales, rental, storage, use tax; enterprise zone
  897  jobs credit against sales tax.—
  898         (12) This section, except for subsection (11), expires on
  899  the date specified in s. 290.016 for the expiration of the
  900  Florida Enterprise Zone Act.
  901         Section 27. For the purpose of incorporating the amendment
  902  made by this act to section 290.016, Florida Statutes, in
  903  references thereto, paragraph (c) of subsection (6) and
  904  paragraph (c) of subsection (7) of section 220.02, Florida
  905  Statutes, are reenacted to read:
  906         220.02 Legislative intent.—
  907         (6)
  908         (c) This subsection expires on the date specified in s.
  909  290.016 for the expiration of the Florida Enterprise Zone Act.
  910         (7)
  911         (c) This subsection expires on the date specified in s.
  912  290.016 for the expiration of the Florida Enterprise Zone Act.
  913         Section 28. For the purpose of incorporating the amendment
  914  made by this act to section 290.016, Florida Statutes, in
  915  references thereto, subsection (1) of section 220.03, Florida
  916  Statutes, is reenacted to read:
  917         220.03 Definitions.—
  918         (1) SPECIFIC TERMS.—When used in this code, and when not
  919  otherwise distinctly expressed or manifestly incompatible with
  920  the intent thereof, the following terms shall have the following
  921  meanings:
  922         (a) “Ad valorem taxes paid” means 96 percent of property
  923  taxes levied for operating purposes and does not include
  924  interest, penalties, or discounts foregone. In addition, the
  925  term “ad valorem taxes paid,” for purposes of the credit in s.
  926  220.182, means the ad valorem tax paid on new or additional real
  927  or personal property acquired to establish a new business or
  928  facilitate a business expansion, including pollution and waste
  929  control facilities, or any part thereof, and including one or
  930  more buildings or other structures, machinery, fixtures, and
  931  equipment. This paragraph expires on the date specified in s.
  932  290.016 for the expiration of the Florida Enterprise Zone Act.
  933         (b) “Affiliated group of corporations” means two or more
  934  corporations which constitute an affiliated group of
  935  corporations as defined in s. 1504(a) of the Internal Revenue
  936  Code.
  937         (c) “Business” or “business firm” means any business entity
  938  authorized to do business in this state as defined in paragraph
  939  (e), and any bank or savings and loan association as defined in
  940  s. 220.62, subject to the tax imposed by the provisions of this
  941  chapter. This paragraph expires on the date specified in s.
  942  290.016 for the expiration of the Florida Enterprise Zone Act.
  943         (d) “Community contribution” means the grant by a business
  944  firm of any of the following items:
  945         1. Cash or other liquid assets.
  946         2. Real property.
  947         3. Goods or inventory.
  948         4. Other physical resources as identified by the
  949  department.
  950  
  951  This paragraph expires on the date specified in s. 290.016 for
  952  the expiration of the Florida Enterprise Zone Act.
  953         (e) “Corporation” includes all domestic corporations;
  954  foreign corporations qualified to do business in this state or
  955  actually doing business in this state; joint-stock companies;
  956  limited liability companies, under chapter 608; common-law
  957  declarations of trust, under chapter 609; corporations not for
  958  profit, under chapter 617; agricultural cooperative marketing
  959  associations, under chapter 618; professional service
  960  corporations, under chapter 621; foreign unincorporated
  961  associations, under chapter 622; private school corporations,
  962  under chapter 623; foreign corporations not for profit which are
  963  carrying on their activities in this state; and all other
  964  organizations, associations, legal entities, and artificial
  965  persons which are created by or pursuant to the statutes of this
  966  state, the United States, or any other state, territory,
  967  possession, or jurisdiction. The term “corporation” does not
  968  include proprietorships, even if using a fictitious name;
  969  partnerships of any type, as such; limited liability companies
  970  that are taxable as partnerships for federal income tax
  971  purposes; state or public fairs or expositions, under chapter
  972  616; estates of decedents or incompetents; testamentary trusts;
  973  or private trusts.
  974         (f) “Department” means the Department of Revenue of this
  975  state.
  976         (g) “Director” means the executive director of the
  977  Department of Revenue and, when there has been an appropriate
  978  delegation of authority, the executive director’s delegate.
  979         (h) “Earned,” “accrued,” “paid,” or “incurred” shall be
  980  construed according to the method of accounting upon the basis
  981  of which a taxpayer’s income is computed under this code.
  982         (i) “Emergency,” as used in s. 220.02 and in paragraph (u)
  983  of this subsection, means occurrence of widespread or severe
  984  damage, injury, or loss of life or property proclaimed pursuant
  985  to s. 14.022 or declared pursuant to s. 252.36. This paragraph
  986  expires on the date specified in s. 290.016 for the expiration
  987  of the Florida Enterprise Zone Act.
  988         (j) “Enterprise zone” means an area in the state designated
  989  pursuant to s. 290.0065. This paragraph expires on the date
  990  specified in s. 290.016 for the expiration of the Florida
  991  Enterprise Zone Act.
  992         (k) “Expansion of an existing business,” for the purposes
  993  of the enterprise zone property tax credit, means any business
  994  entity authorized to do business in this state as defined in
  995  paragraph (e), and any bank or savings and loan association as
  996  defined in s. 220.62, subject to the tax imposed by the
  997  provisions of this chapter, located in an enterprise zone, which
  998  expands by or through additions to real and personal property
  999  and which establishes five or more new jobs to employ five or
 1000  more additional full-time employees at such location. This
 1001  paragraph expires on the date specified in s. 290.016 for the
 1002  expiration of the Florida Enterprise Zone Act.
 1003         (l) “Fiscal year” means an accounting period of 12 months
 1004  or less ending on the last day of any month other than December
 1005  or, in the case of a taxpayer with an annual accounting period
 1006  of 52-53 weeks under s. 441(f) of the Internal Revenue Code, the
 1007  period determined under that subsection.
 1008         (m) “Includes” or “including,” when used in a definition
 1009  contained in this code, shall not be deemed to exclude other
 1010  things otherwise within the meaning of the term defined.
 1011         (n) “Internal Revenue Code” means the United States
 1012  Internal Revenue Code of 1986, as amended and in effect on
 1013  January 1, 2011, except as provided in subsection (3).
 1014         (o) “Local government” means any county or incorporated
 1015  municipality in the state. This paragraph expires on the date
 1016  specified in s. 290.016 for the expiration of the Florida
 1017  Enterprise Zone Act.
 1018         (p) “New business,” for the purposes of the enterprise zone
 1019  property tax credit, means any business entity authorized to do
 1020  business in this state as defined in paragraph (e), or any bank
 1021  or savings and loan association as defined in s. 220.62, subject
 1022  to the tax imposed by the provisions of this chapter, first
 1023  beginning operations on a site located in an enterprise zone and
 1024  clearly separate from any other commercial or industrial
 1025  operations owned by the same entity, bank, or savings and loan
 1026  association and which establishes five or more new jobs to
 1027  employ five or more additional full-time employees at such
 1028  location. This paragraph expires on the date specified in s.
 1029  290.016 for the expiration of the Florida Enterprise Zone Act.
 1030         (q) “New employee,” for the purposes of the enterprise zone
 1031  jobs credit, means a person residing in an enterprise zone or a
 1032  participant in the welfare transition program who is employed at
 1033  a business located in an enterprise zone who begins employment
 1034  in the operations of the business after July 1, 1995, and who
 1035  has not been previously employed full time within the preceding
 1036  12 months by the business or a successor business claiming the
 1037  credit pursuant to s. 220.181. A person shall be deemed to be
 1038  employed by such a business if the person performs duties in
 1039  connection with the operations of the business on a full-time
 1040  basis, provided she or he is performing such duties for an
 1041  average of at least 36 hours per week each month. The person
 1042  must be performing such duties at a business site located in an
 1043  enterprise zone. This paragraph expires on the date specified in
 1044  s. 290.016 for the expiration of the Florida Enterprise Zone
 1045  Act.
 1046         (r) “Nonbusiness income” means rents and royalties from
 1047  real or tangible personal property, capital gains, interest,
 1048  dividends, and patent and copyright royalties, to the extent
 1049  that they do not arise from transactions and activities in the
 1050  regular course of the taxpayer’s trade or business. The term
 1051  “nonbusiness income” does not include income from tangible and
 1052  intangible property if the acquisition, management, and
 1053  disposition of the property constitute integral parts of the
 1054  taxpayer’s regular trade or business operations, or any amounts
 1055  which could be included in apportionable income without
 1056  violating the due process clause of the United States
 1057  Constitution. For purposes of this definition, “income” means
 1058  gross receipts less all expenses directly or indirectly
 1059  attributable thereto. Functionally related dividends are
 1060  presumed to be business income.
 1061         (s) “Partnership” includes a syndicate, group, pool, joint
 1062  venture, or other unincorporated organization through or by
 1063  means of which any business, financial operation, or venture is
 1064  carried on, including a limited partnership; and the term
 1065  “partner” includes a member having a capital or a profits
 1066  interest in a partnership.
 1067         (t) “Project” means any activity undertaken by an eligible
 1068  sponsor, as defined in s. 220.183(2)(c), which is designed to
 1069  construct, improve, or substantially rehabilitate housing that
 1070  is affordable to low-income or very-low-income households as
 1071  defined in s. 420.9071(19) and (28); designed to provide
 1072  commercial, industrial, or public resources and facilities; or
 1073  designed to improve entrepreneurial and job-development
 1074  opportunities for low-income persons. A project may be the
 1075  investment necessary to increase access to high-speed broadband
 1076  capability in rural communities with enterprise zones, including
 1077  projects that result in improvements to communications assets
 1078  that are owned by a business. A project may include the
 1079  provision of museum educational programs and materials that are
 1080  directly related to any project approved between January 1,
 1081  1996, and December 31, 1999, and located in an enterprise zone
 1082  designated pursuant to s. 290.0065. This paragraph does not
 1083  preclude projects that propose to construct or rehabilitate low
 1084  income or very-low-income housing on scattered sites. With
 1085  respect to housing, contributions may be used to pay the
 1086  following eligible project-related activities:
 1087         1. Project development, impact, and management fees for
 1088  low-income or very-low-income housing projects;
 1089         2. Down payment and closing costs for eligible persons, as
 1090  defined in s. 420.9071(19) and (28);
 1091         3. Administrative costs, including housing counseling and
 1092  marketing fees, not to exceed 10 percent of the community
 1093  contribution, directly related to low-income or very-low-income
 1094  projects; and
 1095         4. Removal of liens recorded against residential property
 1096  by municipal, county, or special-district local governments when
 1097  satisfaction of the lien is a necessary precedent to the
 1098  transfer of the property to an eligible person, as defined in s.
 1099  420.9071(19) and (28), for the purpose of promoting home
 1100  ownership. Contributions for lien removal must be received from
 1101  a nonrelated third party.
 1102  
 1103  The provisions of this paragraph shall expire and be void on
 1104  June 30, 2015.
 1105         (u) “Rebuilding of an existing business” means replacement
 1106  or restoration of real or tangible property destroyed or damaged
 1107  in an emergency, as defined in paragraph (i), after July 1,
 1108  1995, in an enterprise zone, by a business entity authorized to
 1109  do business in this state as defined in paragraph (e), or a bank
 1110  or savings and loan association as defined in s. 220.62, subject
 1111  to the tax imposed by the provisions of this chapter, located in
 1112  the enterprise zone. This paragraph expires on the date
 1113  specified in s. 290.016 for the expiration of the Florida
 1114  Enterprise Zone Act.
 1115         (v) “Regulations” includes rules promulgated, and forms
 1116  prescribed, by the department.
 1117         (w) “Returns” includes declarations of estimated tax
 1118  required under this code.
 1119         (x) “State,” when applied to a jurisdiction other than
 1120  Florida, means any state of the United States, the District of
 1121  Columbia, the Commonwealth of Puerto Rico, any territory or
 1122  possession of the United States, and any foreign country, or any
 1123  political subdivision of any of the foregoing.
 1124         (y) “Taxable year” means the calendar or fiscal year upon
 1125  the basis of which net income is computed under this code,
 1126  including, in the case of a return made for a fractional part of
 1127  a year, the period for which such return is made.
 1128         (z) “Taxpayer” means any corporation subject to the tax
 1129  imposed by this code, and includes all corporations for which a
 1130  consolidated return is filed under s. 220.131. However,
 1131  “taxpayer” does not include a corporation having no individuals
 1132  (including individuals employed by an affiliate) receiving
 1133  compensation in this state as defined in s. 220.15 when the only
 1134  property owned or leased by said corporation (including an
 1135  affiliate) in this state is located at the premises of a printer
 1136  with which it has contracted for printing, if such property
 1137  consists of the final printed product, property which becomes a
 1138  part of the final printed product, or property from which the
 1139  printed product is produced.
 1140         (aa) “Functionally related dividends” include the following
 1141  types of dividends:
 1142         1. Those received from a subsidiary of which the voting
 1143  stock is more than 50 percent owned or controlled by the
 1144  taxpayer or members of its affiliated group and which is engaged
 1145  in the same general line of business.
 1146         2. Those received from any corporation which is either a
 1147  significant source of supply for the taxpayer or its affiliated
 1148  group or a significant purchaser of the output of the taxpayer
 1149  or its affiliated group, or which sells a significant part of
 1150  its output or obtains a significant part of its raw materials or
 1151  input from the taxpayer or its affiliated group. “Significant”
 1152  means an amount of 15 percent or more.
 1153         3. Those resulting from the investment of working capital
 1154  or some other purpose in furtherance of the taxpayer or its
 1155  affiliated group.
 1156  
 1157  However, dividends not otherwise subject to tax under this
 1158  chapter are excluded.
 1159         (bb) “Child care facility startup costs” means expenditures
 1160  for substantial renovation, equipment, including playground
 1161  equipment and kitchen appliances and cooking equipment, real
 1162  property, including land and improvements, and for reduction of
 1163  debt, made in connection with a child care facility as defined
 1164  by s. 402.302, or any facility providing daily care to children
 1165  who are mildly ill, which is located in this state on the
 1166  taxpayer’s premises and used by the employees of the taxpayer.
 1167         (cc) “Operation of a child care facility” means operation
 1168  of a child care facility as defined by s. 402.302, or any
 1169  facility providing daily care to children who are mildly ill,
 1170  which is located in this state within 5 miles of at least one
 1171  place of business of the taxpayer and which is used by the
 1172  employees of the taxpayer.
 1173         (dd) “Citrus processing company” means a corporation which,
 1174  during the 60-month period ending on December 31, 1997, had
 1175  derived more than 50 percent of its total gross receipts from
 1176  the processing of citrus products and the manufacture of juices.
 1177         (ee) “New job has been created” means that, on the date of
 1178  application, the total number of full-time jobs is greater than
 1179  the total was 12 months prior to that date, as demonstrated to
 1180  the department by a business located in the enterprise zone.
 1181         (ff) “Job” means a full-time position, as consistent with
 1182  terms used by the Department of Economic Opportunity and the
 1183  United States Department of Labor for purposes of unemployment
 1184  compensation tax administration and employment estimation
 1185  resulting directly from business operations in this state. The
 1186  term may not include a temporary construction job involved with
 1187  the construction of facilities or any job that has previously
 1188  been included in any application for tax credits under s.
 1189  212.096. The term also includes employment of an employee leased
 1190  from an employee leasing company licensed under chapter 468 if
 1191  the employee has been continuously leased to the employer for an
 1192  average of at least 36 hours per week for more than 6 months.
 1193         Section 29. For the purpose of incorporating the amendment
 1194  made by this act to section 290.016, Florida Statutes, in
 1195  references thereto, paragraph (a) of subsection (1) of section
 1196  220.13, Florida Statutes, is reenacted to read:
 1197         220.13 “Adjusted federal income” defined.—
 1198         (1) The term “adjusted federal income” means an amount
 1199  equal to the taxpayer’s taxable income as defined in subsection
 1200  (2), or such taxable income of more than one taxpayer as
 1201  provided in s. 220.131, for the taxable year, adjusted as
 1202  follows:
 1203         (a) Additions.—There shall be added to such taxable income:
 1204         1. The amount of any tax upon or measured by income,
 1205  excluding taxes based on gross receipts or revenues, paid or
 1206  accrued as a liability to the District of Columbia or any state
 1207  of the United States which is deductible from gross income in
 1208  the computation of taxable income for the taxable year.
 1209         2. The amount of interest which is excluded from taxable
 1210  income under s. 103(a) of the Internal Revenue Code or any other
 1211  federal law, less the associated expenses disallowed in the
 1212  computation of taxable income under s. 265 of the Internal
 1213  Revenue Code or any other law, excluding 60 percent of any
 1214  amounts included in alternative minimum taxable income, as
 1215  defined in s. 55(b)(2) of the Internal Revenue Code, if the
 1216  taxpayer pays tax under s. 220.11(3).
 1217         3. In the case of a regulated investment company or real
 1218  estate investment trust, an amount equal to the excess of the
 1219  net long-term capital gain for the taxable year over the amount
 1220  of the capital gain dividends attributable to the taxable year.
 1221         4. That portion of the wages or salaries paid or incurred
 1222  for the taxable year which is equal to the amount of the credit
 1223  allowable for the taxable year under s. 220.181. This
 1224  subparagraph shall expire on the date specified in s. 290.016
 1225  for the expiration of the Florida Enterprise Zone Act.
 1226         5. That portion of the ad valorem school taxes paid or
 1227  incurred for the taxable year which is equal to the amount of
 1228  the credit allowable for the taxable year under s. 220.182. This
 1229  subparagraph shall expire on the date specified in s. 290.016
 1230  for the expiration of the Florida Enterprise Zone Act.
 1231         6. The amount taken as a credit under s. 220.195 which is
 1232  deductible from gross income in the computation of taxable
 1233  income for the taxable year.
 1234         7. That portion of assessments to fund a guaranty
 1235  association incurred for the taxable year which is equal to the
 1236  amount of the credit allowable for the taxable year.
 1237         8. In the case of a nonprofit corporation which holds a
 1238  pari-mutuel permit and which is exempt from federal income tax
 1239  as a farmers’ cooperative, an amount equal to the excess of the
 1240  gross income attributable to the pari-mutuel operations over the
 1241  attributable expenses for the taxable year.
 1242         9. The amount taken as a credit for the taxable year under
 1243  s. 220.1895.
 1244         10. Up to nine percent of the eligible basis of any
 1245  designated project which is equal to the credit allowable for
 1246  the taxable year under s. 220.185.
 1247         11. The amount taken as a credit for the taxable year under
 1248  s. 220.1875. The addition in this subparagraph is intended to
 1249  ensure that the same amount is not allowed for the tax purposes
 1250  of this state as both a deduction from income and a credit
 1251  against the tax. This addition is not intended to result in
 1252  adding the same expense back to income more than once.
 1253         12. The amount taken as a credit for the taxable year under
 1254  s. 220.192.
 1255         13. The amount taken as a credit for the taxable year under
 1256  s. 220.193.
 1257         14. Any portion of a qualified investment, as defined in s.
 1258  288.9913, which is claimed as a deduction by the taxpayer and
 1259  taken as a credit against income tax pursuant to s. 288.9916.
 1260         15. The costs to acquire a tax credit pursuant to s.
 1261  288.1254(5) that are deducted from or otherwise reduce federal
 1262  taxable income for the taxable year.
 1263         16. The amount taken as a credit for the taxable year
 1264  pursuant to s. 220.194.
 1265         17. The amount taken as a credit for the taxable year under
 1266  s. 220.196. The addition in this subparagraph is intended to
 1267  ensure that the same amount is not allowed for the tax purposes
 1268  of this state as both a deduction from income and a credit
 1269  against the tax. The addition is not intended to result in
 1270  adding the same expense back to income more than once.
 1271         Section 30. For the purpose of incorporating the amendment
 1272  made by this act to section 290.016, Florida Statutes, in a
 1273  reference thereto, subsection (9) of section 220.181, Florida
 1274  Statutes, is reenacted to read:
 1275         220.181 Enterprise zone jobs credit.—
 1276         (9) This section, except paragraph (1)(c) and subsection
 1277  (8), expires on the date specified in s. 290.016 for the
 1278  expiration of the Florida Enterprise Zone Act, and a business
 1279  may not begin claiming the enterprise zone jobs credit after
 1280  that date; however, the expiration of this section does not
 1281  affect the operation of any credit for which a business has
 1282  qualified under this section before that date, or any
 1283  carryforward of unused credit amounts as provided in paragraph
 1284  (1)(c).
 1285         Section 31. For the purpose of incorporating the amendment
 1286  made by this act to section 290.016, Florida Statutes, in a
 1287  reference thereto, subsection (14) of section 220.182, Florida
 1288  Statutes, is reenacted to read:
 1289         220.182 Enterprise zone property tax credit.—
 1290         (14) This section expires on the date specified in s.
 1291  290.016 for the expiration of the Florida Enterprise Zone Act,
 1292  and a business may not begin claiming the enterprise zone
 1293  property tax credit after that date; however, the expiration of
 1294  this section does not affect the operation of any credit for
 1295  which a business has qualified under this section before that
 1296  date, or any carryforward of unused credit amounts as provided
 1297  in paragraph (1)(b).
 1298         Section 32. This act shall take effect July 1, 2012.