House Bill 0297er

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    ENROLLED

    1999 Legislature                      HB 297, Second Engrossed



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  2         An act relating to special-purpose zones;

  3         authorizing municipalities to designate

  4         satellite enterprise zones; creating s.

  5         290.0491, F.S.; creating the "Florida

  6         Empowerment Zone Act"; defining terms;

  7         providing legislative intent; providing for

  8         administration by the Department of Community

  9         Affairs; providing an appropriation; providing

10         requirements for eligibility; amending s.

11         212.097, F.S.; defining as a "qualified

12         high-crime area" areas receiving 1999 federal

13         empowerment zone designation; amending s.

14         212.098, F.S.; defining as a "qualified county"

15         a county that contains an area receiving 1999

16         enterprise community designation; amending s.

17         290.0065, F.S.; designating areas receiving

18         1999 federal empowerment zone or rural

19         enterprise community designations as state

20         enterprise zones and authorizing satellite

21         enterprise zones; providing an effective date.

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23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Section 290.0491, Florida Statutes, is

26  created to read:

27         290.0491  Florida Empowerment Zones.--

28         (1)  SHORT TITLE.--This section may be cited as the

29  "Florida Empowerment Zone Act."

30         (2)  DEFINITIONS.--As used in this section, the term:

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    1999 Legislature                      HB 297, Second Engrossed



  1         (a)  "Department" means the Department of Community

  2  Affairs.

  3         (b)  "Federal Empowerment Zone Program" means the

  4  empowerment zone program established in 26 U.S.C. s. 1391 et

  5  seq.

  6         (c)  "Nominated area" means an area nominated for

  7  participation in the Federal Empowerment Zone Program.

  8         (d)  "Sponsoring designee" means the lead entity that

  9  applied for and received the empowerment zone designation, but

10  does not include other entities that joined in the

11  application.

12         (3)  LEGISLATIVE INTENT.--The Legislature recognizes

13  that it is in the public interest that the state create

14  economic opportunity in poverty-stricken areas and rebuild

15  such areas by empowering the people and communities within

16  these areas to create jobs and opportunities. The U.S.

17  Congress in 1997 provided that an additional 20 areas may be

18  designated as federal empowerment zones by January 1, 1999,

19  and, as such, be eligible for federal funding under the

20  Federal Empowerment Zone Program. The Legislature seeks to

21  promote local governments in submitting the strongest possible

22  proposals under the Federal Empowerment Zone Program by

23  establishing a companion state empowerment zone program. 

24         (4)  EMPOWERMENT ZONE PROGRAM.--There is created an

25  economic development program to be known as the Florida

26  Empowerment Zone Program. The program shall exist for 10 years

27  and, except as otherwise provided by law, be operated by the

28  Department of Community Affairs in conjunction with the

29  Federal Empowerment Zone Program.

30         (5)  FUNDING.--For fiscal year 1999-2000, the sum of

31  $3,500,000 in nonrecurring general revenue is appropriated to


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    1999 Legislature                      HB 297, Second Engrossed



  1  the Department of Community Affairs to implement this act. The

  2  funds must be distributed by the department to each sponsoring

  3  designee within the state which was announced in January 1999

  4  as having the Federal Empowerment Zone designation under 26

  5  U.S.C. s. 1391(g) or to each community that was awarded in

  6  January 1999 the Rural Enterprise Community designation. From

  7  those funds, at least $3,210,000, but not more than

  8  $3,275,000, must be distributed to an urban sponsoring

  9  designee and at least $220,000, but not more than $225,000,

10  must be distributed to a rural sponsoring designee or rural

11  enterprise community. The funds must be used for the benefit

12  of the nominated area and are contingent upon the sponsoring

13  designee or Rural Enterprise Community receiving Empowerment

14  Zone or Enterprise Community funds under federal law and

15  meeting the local-match requirements imposed by the Federal

16  Empowerment or Enterprise Community regulations and this

17  section.

18         Section 2.  Paragraph (e) of subsection (2) of section

19  212.097, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         212.097  Urban High-Crime Area Job Tax Credit

22  Program.--

23         (2)  As used in this section, the term:

24         (e)  "Qualified high-crime area" means an area selected

25  by the Office of Tourism, Trade, and Economic Development in

26  the following manner: every third year, the office shall rank

27  and tier those areas nominated under subsection (8), according

28  to the following prioritized criteria:

29         1.  Highest arrest rates within the geographic area for

30  violent crime and for such other crimes as drug sale, drug

31  possession, prostitution, vandalism, and civil disturbances;


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    1999 Legislature                      HB 297, Second Engrossed



  1         2.  Highest reported crime volume and rate of specific

  2  property crimes such as business and residential burglary,

  3  motor vehicle theft, and vandalism;

  4         3.  Highest percentage of reported index crimes that

  5  are violent in nature;

  6         4.  Highest overall index crime volume for the area;

  7  and

  8         5.  Highest overall index crime rate for the geographic

  9  area.

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11  Tier-one areas are ranked 1 through 5 and represent the

12  highest crime areas according to this ranking.  Tier-two areas

13  are ranked 6 through 10 according to this ranking.  Tier-three

14  areas are ranked 11 through 15. Notwithstanding this

15  definition, "qualified high-crime area" also means an area

16  that has been designated as a federal Empowerment Zone

17  pursuant to the Taxpayer Relief Act of 1997. Such a designated

18  area is ranked in Tier Three until the areas are reevaluated

19  by the Office of Tourism, Trade, and Economic Development.

20         Section 3.  Paragraph (c) of subsection (2) of section

21  212.098, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         212.098  Rural Job Tax Credit Program.--

24         (2)  As used in this section, the term:

25         (c)  "Qualified county" means a county that has a

26  population of fewer than 75,000 persons, or any county that

27  has a population of 100,000 or less and is contiguous to a

28  county that has a population of less than 75,000, selected in

29  the following manner:  every third year, the Office of

30  Tourism, Trade, and Economic Development shall rank and tier

31  the state's counties according to the following four factors:


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    1999 Legislature                      HB 297, Second Engrossed



  1         1.  Highest unemployment rate for the most recent

  2  36-month period.

  3         2.  Lowest per capita income for the most recent

  4  36-month period.

  5         3.  Highest percentage of residents whose incomes are

  6  below the poverty level, based upon the most recent data

  7  available.

  8         4.  Average weekly manufacturing wage, based upon the

  9  most recent data available.

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11  Tier-one qualified counties are those ranked 1 through 5 and

12  represent the state's least-developed counties according to

13  this ranking. Tier-two qualified counties are those ranked 6

14  through 10, and tier-three counties are those ranked 11

15  through 17 15. Notwithstanding this definition, "qualified

16  county" also means a county that contains an area that has

17  been designated as a federal Enterprise Community pursuant to

18  the 1999 Agricultural Appropriations Act. Such a designated

19  area shall be ranked in Tier Three until the areas are

20  reevaluated by the Office of Tourism, Trade, and Economic

21  Development.

22         Section 4.  Subsection (5) of section 290.0065, Florida

23  Statutes, 1998 Supplement, is amended, and subsection (12) is

24  added to that section, to read:

25         290.0065  State designation of enterprise zones.--

26         (5)  Notwithstanding s. 290.0055, an area designated as

27  a federal empowerment zone or enterprise community pursuant to

28  Title XIII of the Omnibus Budget Reconciliation Act of 1993,

29  the Taxpayer Relief Act of 1997, or the 1999 Agricultural

30  Appropriations Act shall be designated a state enterprise zone

31  as follows:


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    1999 Legislature                      HB 297, Second Engrossed



  1         (a)  An area designated as an urban empowerment zone or

  2  urban enterprise community pursuant to Title XIII of the

  3  Omnibus Budget Reconciliation Act of 1993 or the Taxpayer

  4  Relief Act of 1997 shall be designated a state enterprise zone

  5  by the department upon completion of the requirements set out

  6  in paragraph (d), except in the case of a county as defined in

  7  s. 125.011(1) which, notwithstanding s. 290.0055, may

  8  incorporate and include such designated urban empowerment zone

  9  or urban enterprise community areas within the boundaries of

10  its state enterprise zones without any limitation as to size.

11         (b)  An area designated as a rural empowerment zone or

12  rural enterprise community pursuant to Title XIII of the

13  Omnibus Budget Reconciliation Act of 1993 or the 1999

14  Agricultural Appropriations Act shall be designated a state

15  enterprise zone by the department upon completion of the

16  requirements set out in paragraph (d).

17         (c)  Any county or municipality having jurisdiction

18  over an area designated as a state enterprise zone pursuant to

19  this subsection, other than a county defined in s. 125.011(1),

20  may not apply for designation of another area.

21         (d)  Prior to designating such areas as state

22  enterprise zones, the department shall ensure that the

23  governing body having jurisdiction over the zone submits the

24  strategic plan required pursuant to 7 C.F.R. part 25 or 24

25  C.F.R. part 597 to the department, and creates an enterprise

26  zone development agency pursuant to s. 290.0056.

27         (e)  The department shall place any area designated as

28  a state enterprise zone pursuant to this subsection in the

29  appropriate category established in subsection (3), and

30  include such designations within the limitations on state

31  enterprise zone designations set out in subsection (1).


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    1999 Legislature                      HB 297, Second Engrossed



  1         (12)  Before December 31, 1999, any county as defined

  2  in s. 125.011(1) may create a satellite enterprise zone not

  3  exceeding 3 square miles in area outside of and,

  4  notwithstanding anything contained in s. 290.0055(4) or

  5  elsewhere, in addition to the previously designated 20 square

  6  miles of enterprise zones. The Office of Tourism, Trade, and

  7  Economic Development shall amend the boundaries of the areas

  8  previously designated by any such county as enterprise zones

  9  upon the receipt of a resolution adopted by such governing

10  body describing the satellite enterprise zone, as long as the

11  additional area is consistent with the categories, criteria,

12  and limitations imposed by s. 290.0055, provided that the

13  20-square-mile limitation and the requirements imposed by s.

14  290.0055(4)(d) do not apply to such satellite enterprise zone.

15         Section 5.  Before December 31, 1999, any municipality

16  an area of which has previously received designation as an

17  Enterprise Zone in the population category described in

18  section 290.0065(3)(a)3., Florida Statutes, may create a

19  satellite enterprise zone not exceeding 1.5 square miles in

20  area outside of and, notwithstanding anything contained in

21  section 290.0055(4), Florida Statutes, or any other law, in

22  addition to the previously designated enterprise zone

23  boundaries. The Office of Tourism, Trade, and Economic

24  Development shall amend the boundaries of the areas previously

25  designated by any such municipality as enterprise zones upon

26  receipt of a resolution adopted by the municipality describing

27  the satellite enterprise zone areas, as long as the additional

28  areas are consistent with the categories, criteria, and

29  limitations imposed by section 290.0055, Florida Statutes.

30  However, the requirements imposed by section 290.0055(4)(d),

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    1999 Legislature                      HB 297, Second Engrossed



  1  Florida Statutes, do not apply to such satellite enterprise

  2  zone areas.

  3         Section 6.  This act shall take effect upon becoming a

  4  law.

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