Senate Bill 2548
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                  SB 2548
    By Senator King
    8-1808-99                                               See HB
  1                      A bill to be entitled
  2         An act relating to enterprise zones; creating
  3         s. 290.0069, F.S.; directing the Office of
  4         Tourism, Trade, and Economic Development to
  5         designate a pilot project area within an
  6         enterprise zone; providing qualifications for
  7         such area; providing that certain businesses in
  8         such area are eligible for credits against the
  9         tax on sales, use, and other transactions and
10         corporate income tax; providing for computation
11         of such credits; providing application
12         procedures and requirements; providing
13         rulemaking authority; requiring a review and
14         report by the Office of Program Policy Analysis
15         and Government Accountability; providing for
16         future repeal and revocation of such
17         designation; providing an effective date.
18
19  Be It Enacted by the Legislature of the State of Florida:
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21         Section 1.  Section 290.0069, Florida Statutes, is
22  created to read:
23         290.0069  Designation of enterprise zone pilot project
24  area.--
25         (1)  The Office of Tourism, Trade, and Economic
26  Development shall designate one pilot project area within one
27  state enterprise zone. The Office of Tourism, Trade, and
28  Economic Development shall select a pilot project area by July
29  1, 1999, which meets the following qualifications:
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                  SB 2548
    8-1808-99                                               See HB
  1         (a)  The area is contained within an enterprise zone
  2  that is composed of one contiguous area and is placed in the
  3  category delineated in s. 290.0065(3)(a)1.
  4         (b)  The local government having jurisdiction over the
  5  enterprise zone grants economic development ad valorem tax
  6  exemptions in the enterprise zone pursuant to s. 196.1995, and
  7  electrical energy public service tax exemptions pursuant to s.
  8  166.231(8).
  9         (c)  The local government having jurisdiction over the
10  enterprise zone has developed a plan for revitalizing the
11  pilot project area or for revitalizing an area within the
12  enterprise zone that contains the pilot project area, and has
13  committed at least $5 million to redevelop an area including
14  the pilot project area.
15         (d)  The pilot project area is contiguous and is
16  limited to no more than 70 acres, or equivalent square miles,
17  to avoid a dilution of additional state assistance and
18  effectively concentrate these additional resources on
19  revitalizing the acute area of economic distress.
20         (e)  The pilot project area contains a diverse cluster
21  or grouping of facilities or space for a mix of retail,
22  restaurant, or service related businesses necessary to an
23  overall revitalization of surrounding neighborhoods through
24  community involvement, investment, and enhancement of
25  employment markets.
26         (2)(a)  Beginning December 1, 1999, no more than four
27  businesses located within the pilot project area are eligible
28  for a credit against any tax due for a taxable year under
29  chapters 212 and 220.
30         (b)  The credit shall be computed as $5,000 times the
31  number of full-time employees of the business and $2,500 times
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                  SB 2548
    8-1808-99                                               See HB
  1  the number of part-time employees of the business. For
  2  purposes of this section, a person shall be deemed to be
  3  employed by such a business on a full-time basis if the person
  4  performs duties in connection with the operations of the
  5  business for an average of at least 36 hours per week each
  6  month, or on a part-time basis if the person is performing
  7  such duties for an average of at least 20 hours per week each
  8  month throughout the year. The person must be performing such
  9  duties at a business site located in the pilot project area.
10         (c)  The total amount of tax credits that may be
11  granted under this section is $1 million annually. In the
12  event the Office of Tourism, Trade, and Economic Development
13  receives applications that total more than $1 million in any
14  year, the director shall prorate the amount of tax credit each
15  applicant is eligible to receive to ensure that all eligible
16  applicants receive a tax credit.
17         (d)  In order to be eligible to apply to the Office of
18  Tourism, Trade, and Economic Development for tax credits under
19  this section a business must:
20         1.  Have entered into a contract with the developer of
21  the diverse cluster or grouping of facilities or space located
22  in the pilot project area, governing lease of commercial space
23  in a facility.
24         2.  Have commenced operations in the facility after
25  July 1, 1999, and before July 1, 2000.
26         3.  Be a business predominantly engaged in activities
27  usually provided for consideration by firms classified under
28  the Standard Industrial Classification Manual Industry Number
29  5311, Industry Number 5399, or Industry Number 7832.
30         (e)  All applications for the granting of the tax
31  credits allowed under this section shall require the prior
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                  SB 2548
    8-1808-99                                               See HB
  1  approval of the director of the Office of Tourism, Trade, and
  2  Economic Development. The director shall establish one
  3  submittal date each year for the receipt of applications for
  4  such tax credits.
  5         (f)  Any business wishing to receive tax credits
  6  pursuant to this section must submit an application to the
  7  Office of Tourism, Trade, and Economic Development which sets
  8  forth the business name and address and the number of
  9  employees of the business.
10         (g)  The decision of the director shall be in writing,
11  and, if approved, the application shall state the maximum
12  credits allowable to the business. A copy of the decision
13  shall be transmitted to the executive director of the
14  Department of Revenue, who shall apply such credits to the tax
15  liabilities of the business firm.
16         (h)  If any credit granted pursuant to this section is
17  not fully used in any one year because of insufficient tax
18  liability on the part of the business, the unused amount may
19  be carried forward for a period not to exceed 5 years.
20         (4)  The Office of Tourism, Trade, and Economic
21  Development is authorized to adopt all rules necessary to
22  administer this section, including rules for the approval or
23  disapproval of applications for tax incentives by businesses.
24         (5)  The Department of Revenue shall adopt any rules
25  necessary to ensure the orderly implementation and
26  administration of this section.
27         (6)  For purposes of this section, "business" and
28  "taxable year" shall have the same meaning as in s. 220.03.
29         (7)  Prior to the 2001 Regular Session of the
30  Legislature, the Office of Program Policy Analysis and
31  Government Accountability shall review and evaluate the
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                  SB 2548
    8-1808-99                                               See HB
  1  effectiveness and viability of the pilot project area created
  2  under this section, using the research design prescribed
  3  pursuant to s. 290.015. The office shall specifically evaluate
  4  whether relief from certain taxes induced new investment and
  5  development in the area, increased the number of jobs created
  6  or retained in the area, induced the renovation,
  7  rehabilitation, restoration, improvement, or new construction
  8  of businesses or housing within the area, and contributed to
  9  the economic viability and profitability of business and
10  commerce located within the area. The office shall submit a
11  report of its findings and recommendations to the Speaker of
12  the House of Representatives and the President of the Senate
13  no later than January 15, 2001.
14         (8)  This section shall stand repealed on June 30,
15  2015, and any designation made pursuant to this section shall
16  be revoked on that date.
17         Section 2.  This act shall take effect upon becoming a
18  law.
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21                          HOUSE SUMMARY
22
      Directs the Office of Tourism, Trade, and Economic
23    Development to designate a pilot project area within an
      enterprise zone and specifies qualifications such area
24    must meet. Provides that up to four businesses within
      such area are eligible for credits against the sales tax
25    and corporate income tax, computed on the basis of the
      number of employees of the business. Limits the amount of
26    such credits to $1 million annually. Provides eligibility
      requirements for such businesses and application
27    requirements and procedures. Requires a review and report
      by the Office of Program Policy Analysis and Government
28    Accountability. Provides for revocation of such
      designation in 2015.
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