1290.0055 Local nominating procedure.— (1) If, pursuant to s. 290.0065, an opportunity exists for designation of a new enterprise zone, any county or municipality, or a county and one or more municipalities together, may apply to the department for the designation of an area as an enterprise zone after completion of the following: (a) The adoption by the governing body or bodies of a resolution which:
1. Finds that an area exists in such county or municipality, or in both the county and one or more municipalities, which chronically exhibits extreme and unacceptable levels of poverty, unemployment, physical deterioration, and economic disinvestment;
2. Determines that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, and welfare of the residents of such county or municipality, or such county and one or more municipalities; and
3. Determines that the revitalization of such area can occur only if the private sector can be induced to invest its own resources in productive enterprises that build or rebuild the economic viability of the area.
(b) The creation of an enterprise zone development agency pursuant to s. 290.0056. (c) The creation and adoption of a strategic plan pursuant to s. 290.0057. (2) The governing body of a county as defined by s. 125.011(1) shall nominate all enterprise zones within the county.
(3) A county or municipality, or a county and one or more municipalities together, may not nominate more than one enterprise zone.
(4) An area nominated by a county or municipality, or a county and one or more municipalities together, for designation as an enterprise zone shall be eligible for designation under s. 290.0065 only if it meets the following criteria:
(a) The selected area does not exceed 20 square miles. The selected area must have a continuous boundary, or consist of not more than three noncontiguous parcels.
(b)1. The selected area does not exceed the following mileage limitation:
2. For communities having a total population of 150,000 persons or more, or for a rural enterprise zone, the selected area shall not exceed 20 square miles.
3. For communities having a total population of 50,000 persons or more but less than 150,000 persons, the selected area shall not exceed 10 square miles.
4. For communities having a total population of 20,000 persons or more but less than 50,000 persons, the selected area shall not exceed 5 square miles.
5. For communities having a total population of 7,500 persons or more but less than 20,000 persons, the selected area shall not exceed 3 square miles.
6. For communities having a total population of less than 7,500 persons, the selected area shall not exceed 3 square miles.
(c) The selected area suffers from pervasive poverty, unemployment, and general distress, as described and measured pursuant to s. 290.0058.
(5) To the greatest extent possible, the boundary of an area nominated must coincide with the boundaries of census geographic block groups.
(6)(a) The department may approve a change in the boundary of any enterprise zone which was designated pursuant to s. 290.0065. A boundary change must continue to satisfy the requirements of subsections (3), (4), and (5). (b) Upon a recommendation by the enterprise zone development agency, the governing body of the jurisdiction which authorized the application for an enterprise zone may apply to the department for a change in boundary once every 3 years by adopting a resolution that:
1. States with particularity the reasons for the change; and
2. Describes specifically and, to the extent required by the department, the boundary change to be made.
(c) At least 90 days before adopting a resolution seeking a change in the boundary of an enterprise zone, the governing body shall include in a notice of the meeting at which the resolution will be considered an explanation that a change in the boundary of an enterprise zone will be considered and that the change may result in loss of enterprise zone eligibility for the area affected by the boundary change.
2(d)1. The governing body of a jurisdiction which has nominated an application for an enterprise zone that is no larger than 12 square miles and includes a portion of the state designated as a rural area of critical economic concern under s. 288.0656(7) may apply to the 3Office of Tourism, Trade, and Economic Development to expand the boundary of the enterprise zone by not more than 3 square miles. An application to expand the boundary of an enterprise zone under this paragraph must be submitted by December 31, 2012.
2. Notwithstanding the area limitations specified in subsection (4), the 3Office of Tourism, Trade, and Economic Development may approve the request for a boundary amendment if the area continues to satisfy the remaining requirements of this section.
3. The 3Office of Tourism, Trade, and Economic Development shall establish the initial effective date of an enterprise zone designated under this paragraph.
History.—s. 46, ch. 84-356; s. 57, ch. 86-152; s. 25, ch. 88-201; s. 5, ch. 89-352; s. 21, ch. 92-319; ss. 21, 37, ch. 94-136; s. 2, ch. 96-412; s. 1, ch. 97-251; s. 5, ch. 98-220; ss. 3, 11, ch. 2005-287; s. 7, ch. 2006-113; s. 28, ch. 2011-76; s. 205, ch. 2011-142.
1Note.—Repealed December 31, 2015, by s. 11, ch. 2005-287.
2Note.—Section 35, ch. 2011-76, provides that:
“(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this act.
“(2) Notwithstanding any other provision of law, such emergency rules shall remain in effect for 6 months after the date adopted and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.”
3Note.—Section 4, ch. 2011-142, transferred powers, duties, and functions relating to the Office of Tourism, Trade, and Economic Development to the Department of Economic Opportunity.