CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-08 Bill No. CS/HB 4147
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Dennis offered the following:
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13 Amendment (with title amendment)
14 On page 4, between lines 21 and 22, of the bill
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16 insert:
17 Section 3. Section 290.00651, Florida Statutes, is
18 created to read:
19 290.00651 Designation of enterprise zone pilot area.--
20 (1) The Office of Tourism, Trade, and Economic
21 Development shall designate one pilot project area within one
22 state enterprise zone. The Office of Tourism, Trade, and
23 Economic Development shall select the pilot area by July 1,
24 1998, which meets the following qualifications:
25 (a) The area is contained within an enterprise zone
26 that is composed of one contiguous area and is placed in the
27 category delineated in s. 290.0065(3)(a)1.
28 (b) The local government having jurisdiction over the
29 enterprise zone grants economic development ad valorem tax
30 exemptions in the enterprise zone pursuant to s. 196.1995, and
31 electrical energy public service tax exemptions pursuant to s.
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HOUSE AMENDMENT
hbd-08 Bill No. CS/HB 4147
Amendment No. (for drafter's use only)
1 166.231.
2 (c) The local government having jurisdiction over the
3 enterprise zone has developed a plan for revitalizing the
4 pilot project area or for revitalizing an area within the
5 enterprise zone that contains the pilot project area, and has
6 committed at least $5 million to redevelop an area including
7 the pilot project area.
8 (d) The pilot project area is contiguous and is
9 limited to no more than 70 acres, or equivalent square miles,
10 to avoid a dilution of additional state assistance effectively
11 concentrating those additional resources on revitalizing the
12 acute area of economic distress.
13 (e) The pilot project area contains a diverse cluster
14 or grouping of facilities or space for a mix of retail,
15 restaurants, or service related businesses, necessary to an
16 overall revitalization of surrounding neighborhoods through
17 community involvement, investment, and enhancement of
18 employment markets.
19 (2)(a) Beginning December 1, 1998, no more than four
20 businesses located within the pilot project area are eligible
21 for a credit against any tax due for a taxable year under part
22 I of chapter 212 and chapter 220.
23 (b) The credit shall be computed as $5,000 times the
24 number of full-time employees of the business and $2,500 times
25 the number of part-time employees of the business. For
26 purposes of this section, a person shall be deemed to be
27 employed by such a business if the person performs duties in
28 connection with the operations of the business on a full-time
29 basis, provided he or she is performing such duties for an
30 average of at least 36 hours per week each month, or a
31 part-time basis, provided he or she is performing such duties
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hbd0001 08:33 am 04147-0015-630181
HOUSE AMENDMENT
hbd-08 Bill No. CS/HB 4147
Amendment No. (for drafter's use only)
1 for an average of at least 20 hours per week each month
2 through the year. The person must be performing such duties at
3 a business site located in the pilot project area.
4 (c) The total amount of tax credits that may be
5 granted under this section is $500,000 annually. In the event
6 the Office of Tourism, Trade, and Economic Development
7 receives applications that total more than $500,000 each year,
8 the director shall prorate the amount of tax credit each
9 applicant is eligible to receive to ensure that all eligible
10 applicants receive a tax credit.
11 (d) In order to be eligible to apply to the Office of
12 Tourism, Trade, and Economic Development for tax credits under
13 this section a business must:
14 1. Have entered into a contract with the developer of
15 the diverse cluster or grouping of facilities or space located
16 in the pilot project area, governing lease of commercial space
17 in the facility;
18 2. Have commenced operations in the facility after
19 July 1, 1998, and before July 1, 1999; and
20 3. Be a business predominantly engaged in activities
21 usually provided for consideration by firms classified with
22 the Standard Industrial Classification SIC 5311, SIC 7832, or
23 SIC 5399.
24 (e) All applications for the granting of the tax
25 credits allowed under this section shall require the prior
26 approval of the director of the Office of Tourism, Trade, and
27 Economic Development. The director shall provide one submittal
28 date each year for the receipt of applications for such tax
29 credits.
30 (f) Any business wishing to receive a tax credit
31 pursuant to this section must submit an application to the
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File original & 9 copies 04/24/98
hbd0001 08:33 am 04147-0015-630181
HOUSE AMENDMENT
hbd-08 Bill No. CS/HB 4147
Amendment No. (for drafter's use only)
1 Office of Tourism, Trade, and Economic Development which sets
2 forth the business name and address, and the number of
3 employees of the business.
4 (g) The decision of the director shall be in writing,
5 and, if approved, the application shall state the maximum
6 credit allowable to the business. A copy of the decision shall
7 be transmitted to the Executive Director of the Department of
8 Revenue, who shall apply such credit to the tax liability of
9 the business firm.
10 (h) If the credit granted pursuant to this section is
11 not fully used in any 1 year because of insufficient tax
12 liability on the part of the business, the unused amount may
13 be carried forward for a period not to exceed 5 years.
14 (4) The Office of Tourism, Trade, and Economic
15 Development is authorized to adopt all rules necessary to
16 administer this section, including rules for the approval or
17 disapproval of applications for tax incentives by businesses.
18 (5) The Department of Revenue shall adopt any rules
19 necessary to ensure the orderly implementation and
20 administration of this section.
21 (6) For purposes of this section, "business" and
22 "taxable year" shall have the same meaning as in s. 220.03.
23 (7) The Office of Program Policy Analysis and
24 Government Accountability shall review and evaluate the
25 effectiveness and viability of the pilot project area created
26 in subsection (1) as part of the review of state enterprise
27 zones performed pursuant to s. 290.015(2). The office shall
28 specifically evaluate whether relief from certain taxes
29 induced new investment and development in the area, increased
30 the number of jobs created or retained in the area, induced
31 the renovation, rehabilitation, restoration, improvement, or
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HOUSE AMENDMENT
hbd-08 Bill No. CS/HB 4147
Amendment No. (for drafter's use only)
1 new construction of businesses or housing within the area, and
2 contributed to the economic viability and profitability of
3 business and commerce located within the area.
4 (8) This section shall stand repealed on June 30,
5 2014, and any designation made pursuant to this section shall
6 be revoked on that date.
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 1, line 22,
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13 after the semicolon insert:
14 creating s. 290.00651, F.S.; directing the
15 Office of Tourism, Trade, and Economic
16 Development to designate a pilot project area
17 within an enterprise zone; providing
18 qualifications for such area; providing that
19 certain businesses in such pilot project area
20 are eligible for tax credits; prescribing
21 application criteria and procedures governing
22 such tax credits; providing rulemaking
23 authority; requiring a review by the Office of
24 Program Policy Analysis and Government
25 Accountability; providing for future repeal and
26 revocation of designation as an enterprise zone
27 pilot project area;
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File original & 9 copies 04/24/98
hbd0001 08:33 am 04147-0015-630181