HOUSE AMENDMENT
                                                  Bill No. HB 1225
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Fiscal Policy & Resources offered the
12  following:
13  
14         Amendment (with title amendment) 
15         On page 4, line 4, through
16         Page 25, line 14
17  remove from the bill:  everything after the enacting clause
18  
19  and insert in lieu thereof:  
20         Section 1.  Paragraphs (g) and (h) of subsection (5) of
21  section 212.08, Florida Statutes, are amended, and paragraph
22  (q) is added to that subsection, to read:
23         212.08  Sales, rental, use, consumption, distribution,
24  and storage tax; specified exemptions.--The sale at retail,
25  the rental, the use, the consumption, the distribution, and
26  the storage to be used or consumed in this state of the
27  following are hereby specifically exempt from the tax imposed
28  by this chapter.
29         (5)  EXEMPTIONS; ACCOUNT OF USE.--
30         (g)  Building materials used in the rehabilitation of
31  real property located in an enterprise zone.--
                                  1
    File original & 9 copies    04/24/01                          
    hft0006                     02:14 pm         01225-fpr -335759

HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 1. Beginning July 1, 1995, building materials used in 2 the rehabilitation of real property located in an enterprise 3 zone shall be exempt from the tax imposed by this chapter upon 4 an affirmative showing to the satisfaction of the department 5 that the items have been used for the rehabilitation of real 6 property located in an enterprise zone. Except as provided in 7 subparagraph 2., this exemption inures to the owner, lessee, 8 or lessor of the rehabilitated real property located in an 9 enterprise zone only through a refund of previously paid 10 taxes. To receive a refund pursuant to this paragraph, the 11 owner, lessee, or lessor of the rehabilitated real property 12 located in an enterprise zone must file an application under 13 oath with the governing body or enterprise zone development 14 agency having jurisdiction over the enterprise zone where the 15 business is located, as applicable, which includes: 16 a. The name and address of the person claiming the 17 refund. 18 b. An address and assessment roll parcel number of the 19 rehabilitated real property in an enterprise zone for which a 20 refund of previously paid taxes is being sought. 21 c. A description of the improvements made to 22 accomplish the rehabilitation of the real property. 23 d. A copy of the building permit issued for the 24 rehabilitation of the real property. 25 e. A sworn statement, under the penalty of perjury, 26 from the general contractor licensed in this state with whom 27 the applicant contracted to make the improvements necessary to 28 accomplish the rehabilitation of the real property, which 29 statement lists the building materials used in the 30 rehabilitation of the real property, the actual cost of the 31 building materials, and the amount of sales tax paid in this 2 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 state on the building materials. In the event that a general 2 contractor has not been used, the applicant shall provide this 3 information in a sworn statement, under the penalty of 4 perjury. Copies of the invoices which evidence the purchase of 5 the building materials used in such rehabilitation and the 6 payment of sales tax on the building materials shall be 7 attached to the sworn statement provided by the general 8 contractor or by the applicant. Unless the actual cost of 9 building materials used in the rehabilitation of real property 10 and the payment of sales taxes due thereon is documented by a 11 general contractor or by the applicant in this manner, the 12 cost of such building materials shall be an amount equal to 40 13 percent of the increase in assessed value for ad valorem tax 14 purposes. 15 f. The identifying number assigned pursuant to s. 16 290.0065 to the enterprise zone in which the rehabilitated 17 real property is located. 18 g. A certification by the local building code 19 inspector that the improvements necessary to accomplish the 20 rehabilitation of the real property are substantially 21 completed. 22 h. Whether the business is a small business as defined 23 by s. 288.703(1). 24 i. If applicable, the name and address of each 25 permanent employee of the business, including, for each 26 employee who is a resident of an enterprise zone, the 27 identifying number assigned pursuant to s. 290.0065 to the 28 enterprise zone in which the employee resides. 29 2. This exemption inures to a city, county, or other 30 governmental agency, or nonprofit community-based organization 31 through a refund of previously paid taxes if the building 3 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 materials used in the rehabilitation of real property located 2 in an enterprise zone are paid for from the funds of a 3 community development block grant, State Housing Initiatives 4 Partnership Program, or similar grant or loan program. To 5 receive a refund pursuant to this paragraph, a city, county, 6 or other governmental agency, or nonprofit community-based 7 organization must file an application which includes the same 8 information required to be provided in subparagraph 1. by an 9 owner, lessee, or lessor of rehabilitated real property. In 10 addition, the application must include a sworn statement 11 signed by the chief executive officer of the city, county, or 12 other governmental agency, or nonprofit community-based 13 organization seeking a refund which states that the building 14 materials for which a refund is sought were paid for from the 15 funds of a community development block grant, State Housing 16 Initiatives Partnership Program, or similar grant or loan 17 program. 18 3. Within 10 working days after receipt of an 19 application, the governing body or enterprise zone development 20 agency shall review the application to determine if it 21 contains all the information required pursuant to subparagraph 22 1. or subparagraph 2. and meets the criteria set out in this 23 paragraph. The governing body or agency shall certify all 24 applications that contain the information required pursuant to 25 subparagraph 1. or subparagraph 2. and meet the criteria set 26 out in this paragraph as eligible to receive a refund. If 27 applicable, the governing body or agency shall also certify if 28 20 percent of the employees of the business are residents of 29 an enterprise zone, excluding temporary and part-time 30 employees. The certification shall be in writing, and a copy 31 of the certification shall be transmitted to the executive 4 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 director of the Department of Revenue. The applicant shall be 2 responsible for forwarding a certified application to the 3 department within the time specified in subparagraph 4. 4 4. An application for a refund pursuant to this 5 paragraph must be submitted to the department within 6 months 6 after the rehabilitation of the property is deemed to be 7 substantially completed by the local building code inspector 8 or within 90 days after the rehabilitated property is first 9 subject to assessment. 10 5. The provisions of s. 212.095 do not apply to any 11 refund application made pursuant to this paragraph. No more 12 than one exemption through a refund of previously paid taxes 13 for the rehabilitation of real property shall be permitted for 14 any one parcel of real property. No refund shall be granted 15 pursuant to this paragraph unless the amount to be refunded 16 exceeds $500. No refund granted pursuant to this paragraph 17 shall exceed the lesser of 97 percent of the Florida sales or 18 use tax paid on the cost of the building materials used in the 19 rehabilitation of the real property as determined pursuant to 20 sub-subparagraph 1.e. or $5,000, or, if no less than 20 21 percent of the employees of the business are residents of an 22 enterprise zone, excluding temporary and part-time employees, 23 the amount of refund granted pursuant to this paragraph shall 24 not exceed the lesser of 97 percent of the sales tax paid on 25 the cost of such building materials or $10,000. A refund 26 approved pursuant to this paragraph shall be made within 30 27 days of formal approval by the department of the application 28 for the refund. 29 6. The department shall adopt rules governing the 30 manner and form of refund applications and may establish 31 guidelines as to the requisites for an affirmative showing of 5 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 qualification for exemption under this paragraph. 2 7. The department shall deduct an amount equal to 10 3 percent of each refund granted under the provisions of this 4 paragraph from the amount transferred into the Local 5 Government Half-cent Sales Tax Clearing Trust Fund pursuant to 6 s. 212.20 for the county area in which the rehabilitated real 7 property is located and shall transfer that amount to the 8 General Revenue Fund. 9 8. For the purposes of the exemption provided in this 10 paragraph: 11 a. "Building materials" means tangible personal 12 property which becomes a component part of improvements to 13 real property. 14 b. "Real property" has the same meaning as provided in 15 s. 192.001(12). 16 c. "Rehabilitation of real property" means the 17 reconstruction, renovation, restoration, rehabilitation, 18 construction, or expansion of improvements to real property. 19 d. "Substantially completed" has the same meaning as 20 provided in s. 192.042(1). 21 9. The provisions of this paragraph shall expire and 22 be void on December 31, 2005. 23 (h) Business property used in an enterprise zone.-- 24 1. Beginning July 1, 1995, business property purchased 25 for use by businesses located in an enterprise zone which is 26 subsequently used in an enterprise zone shall be exempt from 27 the tax imposed by this chapter. This exemption inures to the 28 business only through a refund of previously paid taxes. A 29 refund shall be authorized upon an affirmative showing by the 30 taxpayer to the satisfaction of the department that the 31 requirements of this paragraph have been met. 6 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 2. To receive a refund, the business must file under 2 oath with the governing body or enterprise zone development 3 agency having jurisdiction over the enterprise zone where the 4 business is located, as applicable, an application which 5 includes: 6 a. The name and address of the business claiming the 7 refund. 8 b. The identifying number assigned pursuant to s. 9 290.0065 to the enterprise zone in which the business is 10 located. 11 c. A specific description of the property for which a 12 refund is sought, including its serial number or other 13 permanent identification number. 14 d. The location of the property. 15 e. The sales invoice or other proof of purchase of the 16 property, showing the amount of sales tax paid, the date of 17 purchase, and the name and address of the sales tax dealer 18 from whom the property was purchased. 19 f. Whether the business is a small business as defined 20 by s. 288.703(1). 21 g. If applicable, the name and address of each 22 permanent employee of the business, including, for each 23 employee who is a resident of an enterprise zone, the 24 identifying number assigned pursuant to s. 290.0065 to the 25 enterprise zone in which the employee resides. 26 3. Within 10 working days after receipt of an 27 application, the governing body or enterprise zone development 28 agency shall review the application to determine if it 29 contains all the information required pursuant to subparagraph 30 2. and meets the criteria set out in this paragraph. The 31 governing body or agency shall certify all applications that 7 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 contain the information required pursuant to subparagraph 2. 2 and meet the criteria set out in this paragraph as eligible to 3 receive a refund. If applicable, the governing body or agency 4 shall also certify if 20 percent of the employees of the 5 business are residents of an enterprise zone, excluding 6 temporary and part-time employees. The certification shall be 7 in writing, and a copy of the certification shall be 8 transmitted to the executive director of the Department of 9 Revenue. The business shall be responsible for forwarding a 10 certified application to the department within the time 11 specified in subparagraph 4. 12 4. An application for a refund pursuant to this 13 paragraph must be submitted to the department within 6 months 14 after the tax is due on the business property that is 15 purchased. 16 5. The provisions of s. 212.095 do not apply to any 17 refund application made pursuant to this paragraph. The amount 18 refunded on purchases of business property under this 19 paragraph shall be the lesser of 97 percent of the sales tax 20 paid on such business property or $5,000, or, if no less than 21 20 percent of the employees of the business are residents of 22 an enterprise zone, excluding temporary and part-time 23 employees, the amount refunded on purchases of business 24 property under this paragraph shall be the lesser of 97 25 percent of the sales tax paid on such business property or 26 $10,000. A refund approved pursuant to this paragraph shall be 27 made within 30 days of formal approval by the department of 28 the application for the refund. No refund shall be granted 29 under this paragraph unless the amount to be refunded exceeds 30 $100 in sales tax paid on purchases made within a 60-day time 31 period. 8 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 6. The department shall adopt rules governing the 2 manner and form of refund applications and may establish 3 guidelines as to the requisites for an affirmative showing of 4 qualification for exemption under this paragraph. 5 7. If the department determines that the business 6 property is used outside an enterprise zone within 3 years 7 from the date of purchase, the amount of taxes refunded to the 8 business purchasing such business property shall immediately 9 be due and payable to the department by the business, together 10 with the appropriate interest and penalty, computed from the 11 date of purchase, in the manner provided by this chapter. 12 Notwithstanding this subparagraph, business property used 13 exclusively in: 14 a. Licensed commercial fishing vessels, 15 b. Fishing guide boats, or 16 c. Ecotourism guide boats 17 18 that leave and return to a fixed location within an area 19 designated under s. 370.28 are eligible for the exemption 20 provided under this paragraph if all requirements of this 21 paragraph are met. Such vessels and boats must be owned by a 22 business that is eligible to receive the exemption provided 23 under this paragraph. This exemption does not apply to the 24 purchase of a vessel or boat. 25 8. The department shall deduct an amount equal to 10 26 percent of each refund granted under the provisions of this 27 paragraph from the amount transferred into the Local 28 Government Half-cent Sales Tax Clearing Trust Fund pursuant to 29 s. 212.20 for the county area in which the business property 30 is located and shall transfer that amount to the General 31 Revenue Fund. 9 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 9. For the purposes of this exemption, "business 2 property" means new or used property defined as "recovery 3 property" in s. 168(c) of the Internal Revenue Code of 1954, 4 as amended, except: 5 a. Property classified as 3-year property under s. 6 168(c)(2)(A) of the Internal Revenue Code of 1954, as amended; 7 b. Industrial machinery and equipment as defined in 8 sub-subparagraph (b)6.a. and eligible for exemption under 9 paragraph (b); and 10 c. Building materials as defined in sub-subparagraph 11 (g)8.a.; and 12 d. Business property having a sales price of under 13 $5,000 per unit. 14 10. The provisions of this paragraph shall expire and 15 be void on December 31, 2005. 16 (q) Community contribution tax credit for donations.-- 17 1. Authorization.--Beginning July 1, 2001, persons who 18 are registered with the department under s. 212.18 to collect 19 or remit sales or use tax and who make donations to eligible 20 sponsors are eligible for tax credits against their state 21 sales and use tax liabilities as provided in this paragraph: 22 a. The credit shall be computed as 50 percent of the 23 person's approved annual community contribution; 24 b. The credit shall be granted as a refund against 25 state sales and use taxes reported on returns and remitted in 26 the 12 months preceding the date of application to the 27 department for the credit as required in sub-subparagraph 3.c. 28 If the annual credit is not fully used through such refund 29 because of insufficient tax payments during the applicable 30 12-month period, the unused amount may be included in an 31 application for a refund made pursuant to sub-subparagraph 10 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 3.c. in subsequent years against the total tax payments made 2 for such year. Carryover credits may be applied for a 3-year 3 period without regard to any time limitation that would 4 otherwise apply under s. 215.26; 5 c. No person shall receive more than $200,000 in 6 annual tax credits for all approved community contributions 7 made in any one year; 8 d. All proposals for the granting of the tax credit 9 shall require the prior approval of the Office of Tourism, 10 Trade, and Economic Development; 11 e. The total amount of tax credits which may be 12 granted for all programs approved under this paragraph, s. 13 220.183, and s. 624.5105 is $10 million annually; and 14 f. A person who is eligible to receive the credit 15 provided for in this paragraph, s. 220.183, or s. 624.5105 may 16 receive the credit only under the one section of the person's 17 choice. 18 2. Eligibility requirements.-- 19 a. A community contribution by a person must be in the 20 following form: 21 (I) Cash or other liquid assets; 22 (II) Real property; 23 (III) Goods or inventory; or 24 (IV) Other physical resources as identified by the 25 Office of Tourism, Trade, and Economic Development. 26 b. All community contributions must be reserved 27 exclusively for use in a project. As used in this 28 sub-subparagraph, the term "project" means any activity 29 undertaken by an eligible sponsor which is designed to 30 construct, improve, or substantially rehabilitate housing that 31 is affordable to low-income or very-low-income households as 11 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 defined in s. 420.9071(19) and (28); designed to provide 2 commercial, industrial, or public resources and facilities; or 3 designed to improve entrepreneurial and job-development 4 opportunities for low-income persons. A project may be the 5 investment necessary to increase access to high-speed 6 broadband capability in rural communities with enterprise 7 zones, including projects that result in improvements to 8 communications assets that are owned by a business. A project 9 may include the provision of museum educational programs and 10 materials that are directly related to any project approved 11 between January 1, 1996, and December 31, 1999, and located in 12 an enterprise zone as referenced in s. 290.00675. This 13 paragraph does not preclude projects that propose to construct 14 or rehabilitate housing for low-income or very-low-income 15 households on scattered sites. The Office of Tourism, Trade, 16 and Economic Development may reserve up to 50 percent of the 17 available annual tax credits for housing for very-low-income 18 households pursuant to s. 420.9071(28) for the first 6 months 19 of the fiscal year. With respect to housing, contributions may 20 be used to pay the following eligible low-income and 21 very-low-income housing-related activities: 22 (I) Project development impact and management fees for 23 low-income or very-low-income housing projects; 24 (II) Down payment and closing costs for eligible 25 persons, as defined in s. 420.9071(19) and (28); 26 (III) Administrative costs, including housing 27 counseling and marketing fees, not to exceed 10 percent of the 28 community contribution, directly related to low-income or 29 very-low-income projects; and 30 (IV) Removal of liens recorded against residential 31 property by municipal, county, or special-district local 12 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 governments when satisfaction of the lien is a necessary 2 precedent to the transfer of the property to an eligible 3 person, as defined in s. 420.9071(19) and (28), for the 4 purpose of promoting home ownership. Contributions for lien 5 removal must be received from a nonrelated third party. 6 c. The project must be undertaken by an "eligible 7 sponsor," which includes: 8 (I) A community action program; 9 (II) A nonprofit community-based development 10 organization whose mission is the provision of housing for 11 low-income or very-low-income households or increasing 12 entrepreneurial and job-development opportunities for 13 low-income persons; 14 (III) A neighborhood housing services corporation; 15 (IV) A local housing authority created under chapter 16 421; 17 (V) A community redevelopment agency created under s. 18 163.356; 19 (VI) The Florida Industrial Development Corporation; 20 (VII) An historic preservation district agency or 21 organization; 22 (VIII) A regional workforce board; 23 (IX) A direct-support organization as provided in s. 24 240.551; 25 (X) An enterprise zone development agency created 26 under s. 290.0056; 27 (XI) A community-based organization incorporated under 28 chapter 617 which is recognized as educational, charitable, or 29 scientific pursuant to s. 501(c)(3) of the Internal Revenue 30 Code and whose by-laws and articles of incorporation include 31 affordable housing, economic development, or community 13 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 development as the primary mission of the corporation; 2 (XII) Units of local government; 3 (XIII) Units of state government; or 4 (XIV) Any other agency that the Office of Tourism, 5 Trade, and Economic Development designates by rule. 6 7 In no event may a contributing person have a financial 8 interest in the eligible sponsor. 9 d. The project must be located in an area designated 10 an enterprise zone or a Front Porch Florida community pursuant 11 to s. 14.2015(9)(b), unless the project increases access to 12 high-speed broadband capability for rural communities with 13 enterprise zones but is physically located outside the 14 designated rural zone boundaries. Any project designed to 15 construct or rehabilitate housing for low-income or 16 very-low-income households as defined in s. 420.0971(19) and 17 (28) is exempt from the area requirement of this 18 sub-subparagraph. 19 3. Application requirements.-- 20 a. Any eligible sponsor seeking to participate in this 21 program must submit a proposal to the Office of Tourism, 22 Trade, and Economic Development which sets forth the name of 23 the sponsor, a description of the project and the area in 24 which the project is located, together with such supporting 25 information as is prescribed by rule. The proposal must also 26 contain a resolution from the local governmental unit in which 27 the project is located certifying that the project is 28 consistent with local plans and regulations. 29 b. Any person seeking to participate in this program 30 must submit an application for tax credit to the Office of 31 Tourism, Trade, and Economic Development which sets forth the 14 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 name of the sponsor, a description of the project, and the 2 type, value, and purpose of the contribution. The sponsor 3 shall verify the terms of the application and indicate its 4 receipt of the contribution, which verification must be in 5 writing and accompany the application for tax credit. The 6 person must submit a separate tax credit application to the 7 office for each individual contribution that it makes to each 8 individual project. 9 c. Any person who has received notification from the 10 Office of Tourism, Trade, and Economic Development that a tax 11 credit has been approved must apply to the department to 12 receive the refund. Application must be made on the form 13 prescribed for claiming refunds of sales and use taxes and be 14 accompanied by a copy of the notification. A person may submit 15 only one application for refund to the department within any 16 12-month period. 17 4. Administration.-- 18 a. The Office of Tourism, Trade, and Economic 19 Development may adopt rules pursuant to ss. 120.536(1) and 20 120.54 necessary to administer this paragraph, including rules 21 for the approval or disapproval of proposals by a person. 22 b. The decision of the Office of Tourism, Trade, and 23 Economic Development must be in writing, and, if approved, the 24 notification shall state the maximum credit allowable to the 25 person. Upon approval, the office shall transmit a copy of the 26 decision to the Department of Revenue. 27 c. The Office of Tourism, Trade, and Economic 28 Development shall periodically monitor all projects in a 29 manner consistent with available resources to ensure that 30 resources are used in accordance with this paragraph; however, 31 each project must be reviewed at least once every 2 years. 15 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 d. The Office of Tourism, Trade, and Economic 2 Development shall, in consultation with the Department of 3 Community Affairs, the Florida Housing Finance Corporation, 4 and the statewide and regional housing and financial 5 intermediaries, market the availability of the community 6 contribution tax credit program to community-based 7 organizations. 8 5. Expiration.--This paragraph expires June 30, 2005; 9 however, any accrued credit carryover that is unused on that 10 date may be used until the expiration of the 3-year carryover 11 period for such credit. 12 Section 2. Effective January 1, 2002, section 212.096, 13 Florida Statutes, is amended to read: 14 212.096 Sales, rental, storage, use tax; enterprise 15 zone jobs credit against sales tax.-- 16 (1) For the purposes of the credit provided in this 17 section: 18 (a) "Eligible business" means any sole proprietorship, 19 firm, partnership, corporation, bank, savings association, 20 estate, trust, business trust, receiver, syndicate, or other 21 group or combination, or successor business, located in an 22 enterprise zone. The business must demonstrate to the 23 department that the total number of full-time jobs defined 24 under paragraph (d) has increased from the average of the 25 previous 12 months. The term "eligible business" includes a 26 business that added a minimum of five new full-time jobs in an 27 enterprise zone between July 1, 2000, and December 31, 2001. 28 An eligible business does not include any business which has 29 claimed the credit permitted under s. 220.181 for any new 30 business employee first beginning employment with the business 31 after July 1, 1995. 16 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 (b) "Month" means either a calendar month or the time 2 period from any day of any month to the corresponding day of 3 the next succeeding month or, if there is no corresponding day 4 in the next succeeding month, the last day of the succeeding 5 month. 6 (c) "New employee" means a person residing in an 7 enterprise zone, a qualified Job Training Partnership Act 8 classroom training participant, or a participant in the 9 welfare transition program participant who begins employment 10 with an eligible business after July 1, 1995, and who has not 11 been previously employed full-time within the preceding 12 12 months by the eligible business, or a successor eligible 13 business, claiming the credit allowed by this section. 14 (d) "Jobs" means full-time positions, as consistent 15 with terms used by the Agency for Workforce Innovation and the 16 United States Department of Labor for purposes of unemployment 17 compensation tax administration and employment estimation 18 resulting directly from a business operation in this state. 19 This number may not include temporary construction jobs 20 involved with the construction of facilities or any jobs that 21 have previously been included in any application for tax 22 credits under s. 220.181(1). The term "jobs" also includes 23 employment of an employee leased from an employee leasing 24 company licensed under chapter 468 if such employee has been 25 continuously leased to the employer for an average of at least 26 36 hours per week for more than 6 months. 27 (e) "New job has been created" means that the total 28 number of full-time jobs has increased in an enterprise zone 29 from the average of the previous 12 months, as demonstrated to 30 the department by a business located in the enterprise zone. 31 17 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 A person shall be deemed to be employed if the person performs 2 duties in connection with the operations of the business on a 3 regular, full-time basis, provided the person is performing 4 such duties for an average of at least 36 hours per week each 5 month, or a part-time basis, provided the person is performing 6 such duties for an average of at least 20 hours per week each 7 month throughout the year. The person must be performing such 8 duties at a business site located in the enterprise zone. 9 (2)(a) It is the legislative intent to encourage the 10 provision of meaningful employment opportunities which will 11 improve the quality of life of those employed and to encourage 12 economic expansion of enterprise zones and the state. 13 Therefore, beginning January July 1, 2002 1995, upon an 14 affirmative showing by an eligible a business to the 15 satisfaction of the department that the requirements of this 16 section have been met, the business shall be allowed a credit 17 against the tax remitted under this chapter. 18 (b) The credit shall be computed as 20 follows: 19 1. Ten percent of the actual monthly wages paid in 20 this state to each new employee hired when a new job has been 21 created, unless the business is located within a rural 22 enterprise zone pursuant to s. 290.004(8), in which case the 23 credit shall be 30 percent of the actual monthly wages paid 24 whose wages do not exceed $1,500 a month. If no less than 20 25 percent of the employees of the business are residents of an 26 enterprise zone, excluding temporary and part-time employees, 27 the credit shall be computed as 30 15 percent of the actual 28 monthly wages paid in this state to each new employee hired 29 when a new job has been created, unless the business is 30 located within a rural enterprise zone, in which case the 31 credit shall be 45 percent of the actual monthly wages paid. 18 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 If the new employee hired when a new job is created is a 2 participant in the welfare transition program, the following 3 credit shall be a percent of the actual monthly wages paid: 40 4 percent for $4 above the hourly federal minimum wage rate; 41 5 percent for $5 above the hourly federal minimum wage rate; 42 6 percent for $6 above the hourly federal minimum wage rate; 43 7 percent for $7 above the hourly federal minimum wage rate; and 8 44 percent for $8 above the hourly federal minimum wage rate. 9 ; 10 2. Five percent of the first $1,500 of actual monthly 11 wages paid in this state for each new employee whose wages 12 exceed $1,500 a month; or 13 3. Fifteen percent of the first $1,500 of actual 14 monthly wages paid in this state for each new employee who is 15 a WAGES Program participant pursuant to chapter 414. 16 17 For purposes of this paragraph, monthly wages shall be 18 computed as one-twelfth of the expected annual wages paid to 19 such employee. The amount paid as wages to a new employee is 20 the compensation paid to such employee that is subject to 21 unemployment tax. The credit shall be allowed for up to 24 12 22 consecutive months, beginning with the first tax return due 23 pursuant to s. 212.11 after approval by the department. 24 (3) In order to claim this credit, an eligible 25 business must file under oath with the governing body or 26 enterprise zone development agency having jurisdiction over 27 the enterprise zone where the business is located, as 28 applicable, a statement which includes: 29 (a) For each new employee for whom this credit is 30 claimed, the employee's name and place of residence, including 31 the identifying number assigned pursuant to s. 290.0065 to the 19 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 enterprise zone in which the employee resides if the new 2 employee is a person residing in an enterprise zone, and, if 3 applicable, documentation that the employee is a qualified Job 4 Training Partnership Act classroom training participant or a 5 welfare transition program participant. 6 (b) If applicable, the name and address of each 7 permanent employee of the business, including, for each 8 employee who is a resident of an enterprise zone, the 9 identifying number assigned pursuant to s. 290.0065 to the 10 enterprise zone in which the employee resides. 11 (c) The name and address of the eligible business. 12 (d) The starting salary or hourly wages paid to the 13 new employee. 14 (e) Demonstration to the department that the total 15 number of full-time jobs defined under paragraph (1)(d) has 16 increased in an enterprise zone from the average of the 17 previous 12 months. 18 (f)(e) The identifying number assigned pursuant to s. 19 290.0065 to the enterprise zone in which the business is 20 located. 21 (g)(f) Whether the business is a small business as 22 defined by s. 288.703(1). 23 (h)(g) Within 10 working days after receipt of an 24 application, the governing body or enterprise zone development 25 agency shall review the application to determine if it 26 contains all the information required pursuant to this 27 subsection and meets the criteria set out in this section. The 28 governing body or agency shall certify all applications that 29 contain the information required pursuant to this subsection 30 and meet the criteria set out in this section as eligible to 31 receive a credit. If applicable, the governing body or agency 20 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 shall also certify if 20 percent of the employees of the 2 business are residents of an enterprise zone, excluding 3 temporary and part-time employees. The certification shall be 4 in writing, and a copy of the certification shall be 5 transmitted to the executive director of the Department of 6 Revenue. The business shall be responsible for forwarding a 7 certified application to the department within the time 8 specified in paragraph (i) (h). 9 (i)(h) All applications for a credit pursuant to this 10 section must be submitted to the department within 6 4 months 11 after the new employee is hired. 12 (4) Within 10 working days after receipt of a 13 completed application for a credit authorized in this section, 14 the department shall inform the business that the application 15 has been approved. The credit may be taken on the first return 16 due after receipt of approval from the department. 17 (5)(4) In the event the application is incomplete or 18 insufficient to support the credit authorized in this section, 19 the department shall deny the credit and notify the business 20 of that fact. The business may reapply for this credit. 21 (6)(5) The credit provided in this section does not 22 apply: 23 (a) For any new employee who is an owner, partner, or 24 stockholder of an eligible business. 25 (b) For any new employee who is employed for any 26 period less than 3 full calendar months. 27 (7)(6) The credit provided in this section shall not 28 be allowed for any month in which the tax due for such period 29 or the tax return required pursuant to s. 212.11 for such 30 period is delinquent. 31 (8)(7) In the event an eligible business has a credit 21 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 larger than the amount owed the state on the tax return for 2 the time period in which the credit is claimed, the amount of 3 the credit for that time period shall be the amount owed the 4 state on that tax return. 5 (9)(8) Any business which has claimed this credit 6 shall not be allowed any credit under the provisions of s. 7 220.181 for any new employee beginning employment after July 8 1, 1995. 9 (10)(9) It shall be the responsibility of each 10 business to affirmatively demonstrate to the satisfaction of 11 the department that it meets the requirements of this section. 12 (11)(10) Any person who fraudulently claims this 13 credit is liable for repayment of the credit plus a mandatory 14 penalty of 100 percent of the credit plus interest at the rate 15 provided in this chapter, and such person is guilty of a 16 misdemeanor of the second degree, punishable as provided in s. 17 775.082 or s. 775.083. 18 (12)(11) The provisions of this section, except for 19 subsection (11) (10), shall expire and be void on December 31, 20 2005. 21 Section 3. Effective January 1, 2002, section 212.098, 22 Florida Statutes, is amended to read: 23 212.098 Rural Job Tax Credit Program.-- 24 (1) As used in this section, the term: 25 (a) "Eligible business" means any sole proprietorship, 26 firm, partnership, or corporation that is located in a 27 qualified county and is predominantly engaged in, or is 28 headquarters for a business predominantly engaged in, 29 activities usually provided for consideration by firms 30 classified within the following standard industrial 31 classifications: SIC 01-SIC 09 (agriculture, forestry, and 22 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 fishing); SIC 20-SIC 39 (manufacturing); SIC 422 (public 2 warehousing and storage); SIC 70 (hotels and other lodging 3 places); SIC 7391 (research and development); SIC 7992 (public 4 golf courses); and SIC 7996 (amusement parks); and a targeted 5 industry eligible for the qualified target industry business 6 tax refund under s. 288.106. A call center or similar customer 7 service operation that services a multistate market or an 8 international market is also an eligible business. In 9 addition, the Office of Tourism, Trade, and Economic 10 Development may, as part of its final budget request submitted 11 pursuant to s. 216.023, recommend additions to or deletions 12 from the list of standard industrial classifications used to 13 determine an eligible business, and the Legislature may 14 implement such recommendations. Excluded from eligible 15 receipts are receipts from retail sales, except such receipts 16 for hotels and other lodging places classified in SIC 70, 17 public golf courses in SIC 7992, and amusement parks in SIC 18 7996. For purposes of this paragraph, the term 19 "predominantly" means that more than 50 percent of the 20 business's gross receipts from all sources is generated by 21 those activities usually provided for consideration by firms 22 in the specified standard industrial classification. The 23 determination of whether the business is located in a 24 qualified county and the tier ranking of that county must be 25 based on the date of application for the credit under this 26 section. Commonly owned and controlled entities are to be 27 considered a single business entity. 28 (b) "Qualified employee" means any employee of an 29 eligible business who performs duties in connection with the 30 operations of the business on a regular, full-time basis for 31 an average of at least 36 hours per week for at least 3 months 23 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 within the qualified county in which the eligible business is 2 located. The term also includes an employee leased from an 3 employee leasing company licensed under chapter 468, if such 4 employee has been continuously leased to the employer for an 5 average of at least 36 hours per week for more than 6 months. 6 An owner or partner of the eligible business is not a 7 qualified employee. 8 (c) "Qualified area county" means any area that is 9 contained within a rural area of critical economic concern 10 designated under s. 288.0656, a county that has a population 11 of fewer than 75,000 persons, or any county that has a 12 population of 100,000 or less and is contiguous to a county 13 that has a population of less than 75,000, selected in the 14 following manner: every third year, the Office of Tourism, 15 Trade, and Economic Development shall rank and tier the 16 state's counties according to the following four factors: 17 1. Highest unemployment rate for the most recent 18 36-month period. 19 2. Lowest per capita income for the most recent 20 36-month period. 21 3. Highest percentage of residents whose incomes are 22 below the poverty level, based upon the most recent data 23 available. 24 4. Average weekly manufacturing wage, based upon the 25 most recent data available. 26 27 Tier-one qualified counties are those ranked 1-5 and represent 28 the state's least-developed counties according to this 29 ranking. Tier-two qualified counties are those ranked 6-10, 30 and tier-three counties are those ranked 11-17. 31 Notwithstanding this definition, "qualified county" also means 24 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 a county that contains an area that has been designated as a 2 federal Enterprise Community pursuant to the 1999 Agricultural 3 Appropriations Act. Such a designated area shall be ranked in 4 tier three until the areas are reevaluated by the Office of 5 Tourism, Trade, and Economic Development. 6 (d) "New business" means any eligible business first 7 beginning operation on a site in a qualified county and 8 clearly separate from any other commercial or business 9 operation of the business entity within a qualified county. A 10 business entity that operated an eligible business within a 11 qualified county within the 48 months before the period 12 provided for application by subsection (2) is not considered a 13 new business. 14 (e) "Existing business" means any eligible business 15 that does not meet the criteria for a new business. 16 (2) A new eligible business may apply for a tax credit 17 under this subsection once at any time during its first year 18 of operation. A new eligible business in a tier-one qualified 19 area that county which has at least 10 qualified employees on 20 the date of application shall receive a $1,000 $1,500 tax 21 credit for each such employee. A new eligible business in a 22 tier-two qualified county which has at least 20 qualified 23 employees on the date of application shall receive a $1,000 24 tax credit for each such employee. A new eligible business in 25 a tier-three qualified county which has at least 30 qualified 26 employees on the date of application shall receive a $500 tax 27 credit for each such employee. 28 (3) An existing eligible business may apply for a tax 29 credit under this subsection at any time it is entitled to 30 such credit, except as restricted by this subsection. An 31 existing eligible business with fewer than 50 employees in a 25 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 tier-one qualified area that county which on the date of 2 application has at least 20 percent 5 more qualified employees 3 than it had 1 year prior to its date of application shall 4 receive a $1,000 $1,500 tax credit for each such additional 5 employee. An existing eligible business that has 50 employees 6 or more in a qualified area that, on the date of application, 7 has at least 10 more qualified employees than it had 1 year 8 prior to its date of application shall receive a $1,000 tax 9 credit for each additional employee. in a tier-two qualified 10 county which on the date of application has at least 10 more 11 qualified employees than it had 1 year prior to its date of 12 application shall receive a $1,000 credit for each such 13 additional employee. An existing business in a tier-three 14 qualified county which on the date of application has at least 15 15 more qualified employees than it had 1 year prior to its 16 date of application shall receive a $500 tax credit for each 17 such additional employee. An existing business may apply for 18 the credit under this subsection no more than once in any 19 12-month period. Any existing eligible business that received 20 a credit under subsection (2) may not apply for the credit 21 under this subsection sooner than 12 months after the 22 application date for the credit under subsection (2). 23 (4) For any new eligible business receiving a credit 24 pursuant to subsection (2), an additional $500 credit shall be 25 provided for any qualified employee who is a welfare 26 transition program participant. For any existing eligible 27 business receiving a credit pursuant to subsection (3), an 28 additional $500 credit shall be provided for any qualified 29 employee who is a welfare transition program participant. Such 30 employee must be employed on the application date and have 31 been employed less than 1 year. This credit shall be in 26 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 addition to other credits pursuant to this section regardless 2 of the tier-level of the county. Appropriate documentation 3 concerning the eligibility of an employee for this credit must 4 be submitted as determined by the department. 5 (5) To be eligible for a tax credit under subsection 6 (3), the number of qualified employees employed 1 year prior 7 to the application date must be no lower than the number of 8 qualified employees on the application date on which a credit 9 under this section was based for any previous application, 10 including an application under subsection (2). 11 (6)(a) In order to claim this credit, an eligible 12 business must file under oath with the Office of Tourism, 13 Trade, and Economic Development a statement that includes the 14 name and address of the eligible business, the starting salary 15 or hourly wages paid to the new employee, and any other 16 information that the Department of Revenue requires. 17 (b) Within 30 working days after receipt of an 18 application for credit, the Office of Tourism, Trade, and 19 Economic Development shall review the application to determine 20 whether it contains all the information required by this 21 subsection and meets the criteria set out in this section. 22 Subject to the provisions of paragraph (c), the Office of 23 Tourism, Trade, and Economic Development shall approve all 24 applications that contain the information required by this 25 subsection and meet the criteria set out in this section as 26 eligible to receive a credit. 27 (c) The maximum credit amount that may be approved 28 during any calendar year is $5 million. The Department of 29 Revenue, in conjunction with the Office of Tourism, Trade, and 30 Economic Development, shall notify the governing bodies in 31 areas designated as qualified counties when the $5 million 27 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 maximum amount has been reached. Applications must be 2 considered for approval in the order in which they are 3 received without regard to whether the credit is for a new or 4 existing business. This limitation applies to the value of 5 the credit as contained in approved applications. Approved 6 credits may be taken in the time and manner allowed pursuant 7 to this section. 8 (d) A business may not receive more than $500,000 of 9 tax credits during any one calendar year for its efforts in 10 creating jobs. 11 (7) If the application is insufficient to support the 12 credit authorized in this section, the Office of Tourism, 13 Trade, and Economic Development shall deny the credit and 14 notify the business of that fact. The business may reapply 15 for this credit within 3 months after such notification. 16 (8) If the credit under this section is greater than 17 can be taken on a single tax return, excess amounts may be 18 taken as credits on any tax return submitted within 12 months 19 after the approval of the application by the department. 20 (9) It is the responsibility of each business to 21 affirmatively demonstrate to the satisfaction of the 22 Department of Revenue that it meets the requirements of this 23 section. 24 (10) Any person who fraudulently claims this credit is 25 liable for repayment of the credit plus a mandatory penalty of 26 100 percent of the credit and is guilty of a misdemeanor of 27 the second degree, punishable as provided in s. 775.082 or s. 28 775.083. 29 (11) A corporation may take the credit under this 30 section against its corporate income tax liability, as 31 provided in s. 220.1895. However, a corporation that uses its 28 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 job tax credit against the tax imposed by chapter 220 may not 2 receive the credit provided for in this section. A credit may 3 be taken against only one tax. 4 (12) The department shall adopt rules governing the 5 manner and form of applications for credit and may establish 6 guidelines as to the requisites for an affirmative showing of 7 qualification for the credit under this section. 8 Section 4. Reduction or waiver of financial match 9 requirements.--Notwithstanding any other law, the member 10 agencies and organizations of the Rural Economic Development 11 Initiative (REDI), as defined in section 288.0656(6)(a), 12 Florida Statutes, shall review the financial match 13 requirements for projects in rural areas as defined in section 14 288.0656(2)(b), Florida Statutes. 15 (1) Each agency and organization shall develop a 16 proposal to waive or reduce the match requirement for rural 17 areas. 18 (2) Agencies and organizations shall ensure that all 19 proposals are submitted to the Office of Tourism, Trade, and 20 Economic Development for review by the REDI agencies. 21 (3) These proposals shall be delivered to the Office 22 of Tourism, Trade, and Economic Development for distribution 23 to the REDI agencies and organizations. A meeting of REDI 24 agencies and organizations must be called within 30 days after 25 receipt of such proposals for REDI comment and recommendations 26 on each proposal. 27 (4) Waivers and reductions must be requested by the 28 county or community, and such county or community must have 29 three or more of the factors identified in section 30 288.0656(2)(a), Florida Statutes. 31 (5) Any other funds available to the project may be 29 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 used for financial match of federal programs when there is 2 fiscal hardship and the match requirements may not be waived 3 or reduced. 4 (6) When match requirements are not reduced or 5 eliminated, donations of land, though usually not recognized 6 as an in-kind match, may be permitted. 7 (7) To the fullest extent possible, agencies and 8 organizations shall expedite the rule adoption and amendment 9 process if necessary to incorporate the reduction in match by 10 rural areas in fiscal distress. 11 (8) REDI shall include in its annual report an 12 evaluation on the status of changes to rules, number of awards 13 made with waivers, and recommendations for future changes. 14 Section 5. Subsection (1) of section 220.03, Florida 15 Statutes, is amended to read: 16 220.03 Definitions.-- 17 (1) SPECIFIC TERMS.--When used in this code, and when 18 not otherwise distinctly expressed or manifestly incompatible 19 with the intent thereof, the following terms shall have the 20 following meanings: 21 (a) "Ad valorem taxes paid" means 96 percent of 22 property taxes levied for operating purposes and does not 23 include interest, penalties, or discounts foregone. In 24 addition, the term "ad valorem taxes paid," for purposes of 25 the credit in s. 220.182, means the ad valorem tax paid on new 26 or additional real or personal property acquired to establish 27 a new business or facilitate a business expansion, including 28 pollution and waste control facilities, or any part thereof, 29 and including one or more buildings or other structures, 30 machinery, fixtures, and equipment. The provisions of this 31 paragraph shall expire and be void on June 30, 2005. 30 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 (b) "Affiliated group of corporations" means two or 2 more corporations which constitute an affiliated group of 3 corporations as defined in s. 1504(a) of the Internal Revenue 4 Code. 5 (c) "Business" or "business firm" means any business 6 entity authorized to do business in this state as defined in 7 paragraph (e), and any bank or savings and loan association as 8 defined in s. 220.62, subject to the tax imposed by the 9 provisions of this chapter. The provisions of this paragraph 10 shall expire and be void on June 30, 2005. 11 (d) "Community contribution" means the grant by a 12 business firm of any of the following items: 13 1. Cash or other liquid assets. 14 2. Real property. 15 3. Goods or inventory. 16 4. Other physical resources as identified by the 17 department. 18 19 The provisions of this paragraph shall expire and be void on 20 June 30, 2005. 21 (e) "Corporation" includes all domestic corporations; 22 foreign corporations qualified to do business in this state or 23 actually doing business in this state; joint-stock companies; 24 limited liability companies, under chapter 608; common-law 25 declarations of trust, under chapter 609; corporations not for 26 profit, under chapter 617; agricultural cooperative marketing 27 associations, under chapter 618; professional service 28 corporations, under chapter 621; foreign unincorporated 29 associations, under chapter 622; private school corporations, 30 under chapter 623; foreign corporations not for profit which 31 are carrying on their activities in this state; and all other 31 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 organizations, associations, legal entities, and artificial 2 persons which are created by or pursuant to the statutes of 3 this state, the United States, or any other state, territory, 4 possession, or jurisdiction. The term "corporation" does not 5 include proprietorships, even if using a fictitious name; 6 partnerships of any type, as such; limited liability companies 7 that are taxable as partnerships for federal income tax 8 purposes; state or public fairs or expositions, under chapter 9 616; estates of decedents or incompetents; testamentary 10 trusts; or private trusts. 11 (f) "Department" means the Department of Revenue of 12 this state. 13 (g) "Director" means the executive director of the 14 Department of Revenue and, when there has been an appropriate 15 delegation of authority, the executive director's delegate. 16 (h) "Earned," "accrued," "paid," or "incurred" shall 17 be construed according to the method of accounting upon the 18 basis of which a taxpayer's income is computed under this 19 code. 20 (i) "Emergency," as used in s. 220.02 and in paragraph 21 (u) of this subsection, means occurrence of widespread or 22 severe damage, injury, or loss of life or property proclaimed 23 pursuant to s. 14.022 or declared pursuant to s. 252.36. The 24 provisions of this paragraph shall expire and be void on June 25 30, 2005. 26 (j) "Enterprise zone" means an area in the state 27 designated pursuant to s. 290.0065. The provisions of this 28 paragraph shall expire and be void on June 30, 2005. 29 (k) "Expansion of an existing business," for the 30 purposes of the enterprise zone property tax credit, means any 31 business entity authorized to do business in this state as 32 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 defined in paragraph (e), and any bank or savings and loan 2 association as defined in s. 220.62, subject to the tax 3 imposed by the provisions of this chapter, located in an 4 enterprise zone, which expands by or through additions to real 5 and personal property and which establishes five or more new 6 jobs to employ five or more additional full-time employees at 7 such location. The provisions of this paragraph shall expire 8 and be void on June 30, 2005. 9 (l) "Fiscal year" means an accounting period of 12 10 months or less ending on the last day of any month other than 11 December or, in the case of a taxpayer with an annual 12 accounting period of 52-53 weeks under s. 441(f) of the 13 Internal Revenue Code, the period determined under that 14 subsection. 15 (m) "Includes" or "including," when used in a 16 definition contained in this code, shall not be deemed to 17 exclude other things otherwise within the meaning of the term 18 defined. 19 (n) "Internal Revenue Code" means the United States 20 Internal Revenue Code of 1986, as amended and in effect on 21 January 1, 2000, except as provided in subsection (3). 22 (o) "Local government" means any county or 23 incorporated municipality in the state. The provisions of this 24 paragraph shall expire and be void on June 30, 2005. 25 (p) "New business," for the purposes of the enterprise 26 zone property tax credit, means any business entity authorized 27 to do business in this state as defined in paragraph (e), or 28 any bank or savings and loan association as defined in s. 29 220.62, subject to the tax imposed by the provisions of this 30 chapter, first beginning operations on a site located in an 31 enterprise zone and clearly separate from any other commercial 33 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 or industrial operations owned by the same entity, bank, or 2 savings and loan association and which establishes five or 3 more new jobs to employ five or more additional full-time 4 employees at such location. The provisions of this paragraph 5 shall expire and be void on June 30, 2005. 6 (q) "New employee," for the purposes of the enterprise 7 zone jobs credit, means a person residing in an enterprise 8 zone, a qualified Job Training Partnership Act classroom 9 training participant, or a WAGES Program participant in the 10 welfare transition program who is employed at a business 11 located in an enterprise zone who begins employment in the 12 operations of the business after July 1, 1995, and who has not 13 been previously employed full-time within the preceding 12 14 months by the business or a successor business claiming the 15 credit pursuant to s. 220.181. A person shall be deemed to be 16 employed by such a business if the person performs duties in 17 connection with the operations of the business on a full-time 18 basis, provided she or he is performing such duties for an 19 average of at least 36 hours per week each month, or a 20 part-time basis, provided she or he is performing such duties 21 for an average of at least 20 hours per week each month 22 throughout the year. The term "jobs" also includes employment 23 of an employee leased from an employee leasing company 24 licensed under chapter 468, if such employee has been 25 continuously leased to the employer for an average of at least 26 36 hours per week for more than 6 months. The person must be 27 performing such duties at a business site located in an 28 enterprise zone. The provisions of this paragraph shall expire 29 and be void on June 30, 2005. 30 (r) "Nonbusiness income" means rents and royalties 31 from real or tangible personal property, capital gains, 34 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 interest, dividends, and patent and copyright royalties, to 2 the extent that they do not arise from transactions and 3 activities in the regular course of the taxpayer's trade or 4 business. The term "nonbusiness income" does not include 5 income from tangible and intangible property if the 6 acquisition, management, and disposition of the property 7 constitute integral parts of the taxpayer's regular trade or 8 business operations, or any amounts which could be included in 9 apportionable income without violating the due process clause 10 of the United States Constitution. For purposes of this 11 definition, "income" means gross receipts less all expenses 12 directly or indirectly attributable thereto. Functionally 13 related dividends are presumed to be business income. 14 (s) "Partnership" includes a syndicate, group, pool, 15 joint venture, or other unincorporated organization through or 16 by means of which any business, financial operation, or 17 venture is carried on, including a limited partnership; and 18 the term "partner" includes a member having a capital or a 19 profits interest in a partnership. 20 (t) "Project" means any activity undertaken by an 21 eligible sponsor, as defined in s. 220.183(2)(c), which is 22 designed to construct, improve, or substantially rehabilitate 23 housing that is affordable to low-income or very-low-income 24 households as defined in s. 420.9071(19) and (28); designed to 25 provide commercial, industrial, or public resources and 26 facilities; or designed to improve entrepreneurial and 27 job-development opportunities for low-income persons. A 28 project may be the investment necessary to increase access to 29 high-speed broadband capability in rural communities with 30 enterprise zones, including projects that result in 31 improvements to communications assets that are owned by a 35 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 business. A project may include the provision of museum 2 educational programs and materials that are directly related 3 to any project approved between January 1, 1996, and December 4 31, 1999, and located in an enterprise zone as referenced in 5 s. 290.00675. This paragraph does not preclude projects that 6 propose to construct or rehabilitate low-income or 7 very-low-income housing on scattered sites. The Office of 8 Tourism, Trade, and Economic Development may reserve up to 50 9 percent of the available annual tax credits under s. 220.181 10 for housing for very-low-income households pursuant to s. 11 420.9071(28) for the first 6 months of the fiscal year. With 12 respect to housing, contributions may be used to pay the 13 following eligible project-related activities: 14 1. Project development, impact, and management fees 15 for low-income or very-low-income housing projects; 16 2. Down payment and closing costs for eligible 17 persons, as defined in s. 420.9071(19) and (28); 18 3. Administrative costs, including housing counseling 19 and marketing fees, not to exceed 10 percent of the community 20 contribution, directly related to low-income or 21 very-low-income projects; and 22 4. Removal of liens recorded against residential 23 property by municipal, county, or special-district local 24 governments when satisfaction of the lien is a necessary 25 precedent to the transfer of the property to an eligible 26 person, as defined in s. 420.9071(19) and (28), for the 27 purpose of promoting home ownership. Contributions for lien 28 removal must be received from a nonrelated third party. 29 "Project" means any activity undertaken by an eligible 30 sponsor, as defined in s. 220.183(2)(c), which is designed to 31 construct, improve, or substantially rehabilitate housing or 36 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 commercial, industrial, or public resources and facilities or 2 to improve entrepreneurial and job-development opportunities 3 for low-income persons. 4 5 The provisions of this paragraph shall expire and be void on 6 June 30, 2005. 7 (u) "Rebuilding of an existing business" means 8 replacement or restoration of real or tangible property 9 destroyed or damaged in an emergency, as defined in paragraph 10 (i), after July 1, 1995, in an enterprise zone, by a business 11 entity authorized to do business in this state as defined in 12 paragraph (e), or a bank or savings and loan association as 13 defined in s. 220.62, subject to the tax imposed by the 14 provisions of this chapter, located in the enterprise zone. 15 The provisions of this paragraph shall expire and be void on 16 June 30, 2005. 17 (v) "Regulations" includes rules promulgated, and 18 forms prescribed, by the department. 19 (w) "Returns" includes declarations of estimated tax 20 required under this code. 21 (x) "Secretary" means the secretary of the Department 22 of Commerce. The provisions of this paragraph shall expire and 23 be void on June 30, 2005. 24 (y) "State," when applied to a jurisdiction other than 25 Florida, means any state of the United States, the District of 26 Columbia, the Commonwealth of Puerto Rico, any territory or 27 possession of the United States, and any foreign country, or 28 any political subdivision of any of the foregoing. 29 (z) "Taxable year" means the calendar or fiscal year 30 upon the basis of which net income is computed under this 31 code, including, in the case of a return made for a fractional 37 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 part of a year, the period for which such return is made. 2 (aa) "Taxpayer" means any corporation subject to the 3 tax imposed by this code, and includes all corporations for 4 which a consolidated return is filed under s. 220.131. 5 However, "taxpayer" does not include a corporation having no 6 individuals (including individuals employed by an affiliate) 7 receiving compensation in this state as defined in s. 220.15 8 when the only property owned or leased by said corporation 9 (including an affiliate) in this state is located at the 10 premises of a printer with which it has contracted for 11 printing, if such property consists of the final printed 12 product, property which becomes a part of the final printed 13 product, or property from which the printed product is 14 produced. 15 (bb) "Functionally related dividends" include the 16 following types of dividends: 17 1. Those received from a subsidiary of which the 18 voting stock is more than 50 percent owned or controlled by 19 the taxpayer or members of its affiliated group and which is 20 engaged in the same general line of business. 21 2. Those received from any corporation which is either 22 a significant source of supply for the taxpayer or its 23 affiliated group or a significant purchaser of the output of 24 the taxpayer or its affiliated group, or which sells a 25 significant part of its output or obtains a significant part 26 of its raw materials or input from the taxpayer or its 27 affiliated group. "Significant" means an amount of 15 percent 28 or more. 29 3. Those resulting from the investment of working 30 capital or some other purpose in furtherance of the taxpayer 31 or its affiliated group. 38 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 2 However, dividends not otherwise subject to tax under this 3 chapter are excluded. 4 (cc) "Child care facility startup costs" means 5 expenditures for substantial renovation, equipment, including 6 playground equipment and kitchen appliances and cooking 7 equipment, real property, including land and improvements, and 8 for reduction of debt, made in connection with a child care 9 facility as defined by s. 402.302, or any facility providing 10 daily care to children who are mildly ill, which is located in 11 this state on the taxpayer's premises and used by the 12 employees of the taxpayer. 13 (dd) "Operation of a child care facility" means 14 operation of a child care facility as defined by s. 402.302, 15 or any facility providing daily care to children who are 16 mildly ill, which is located in this state within 5 miles of 17 at least one place of business of the taxpayer and which is 18 used by the employees of the taxpayer. 19 (ee) "Citrus processing company" means a corporation 20 which, during the 60-month period ending on December 31, 1997, 21 had derived more than 50 percent of its total gross receipts 22 from the processing of citrus products and the manufacture of 23 juices. 24 (ff) "New job has been created" means that the total 25 number of full-time jobs has increased in an enterprise zone 26 from the average of the previous 12 months, as demonstrated to 27 the department by a business located in the enterprise zone. 28 (gg) "Jobs" means full-time positions, as consistent 29 with terms used by the Agency for Workforce Innovation and the 30 United States Department of Labor for purposes of unemployment 31 compensation tax administration and employment estimation 39 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 resulting directly from business operations in this state. 2 This number may not include temporary construction jobs 3 involved with the construction of facilities or any jobs that 4 have previously been included in any application for tax 5 credits under s. 220.181(1). 6 Section 6. Effective January 1, 2002, subsections (1) 7 and (2) of section 220.181, Florida Statutes, are amended to 8 read: 9 220.181 Enterprise zone jobs credit.-- 10 (1)(a) Beginning January July 1, 2002 1995, there 11 shall be allowed a credit against the tax imposed by this 12 chapter to any business located in an enterprise zone which 13 demonstrates to the department that the total number of 14 full-time jobs has increased from the average of the previous 15 12 months. This credit is also available for a business that 16 added a minimum of five new full-time jobs in an enterprise 17 zone between July 1, 2000, and December 31, 2001 employs one 18 or more new employees. The credit shall be computed as 20 19 follows: 20 1. Ten percent of the actual monthly wages paid in 21 this state to each new employee hired when a new job has been 22 created, as defined under s. 220.03(1)(ff), unless the 23 business is located in a rural enterprise zone, pursuant to s. 24 290.004(8), in which case the credit shall be 30 percent of 25 the actual monthly wages paid whose wages do not exceed $1,500 26 a month. If no less than 20 percent of the employees of the 27 business are residents of an enterprise zone, excluding 28 temporary and part-time employees, the credit shall be 29 computed as 30 15 percent of the actual monthly wages paid in 30 this state to each new employee hired when a new job has been 31 created, unless the business is located in a rural enterprise 40 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 zone, in which case the credit shall be 45 percent of the 2 actual monthly wages paid, for a period of up to 24 12 3 consecutive months. If the new employee hired when a new job 4 is created is a participant in the welfare transition program, 5 the following credit shall be a percent of the actual monthly 6 wages paid: 40 percent for $4 above the hourly federal minimum 7 wage rate; 41 percent for $5 above the hourly federal minimum 8 wage rate; 42 percent for $6 above the hourly federal minimum 9 wage rate; 43 percent for $7 above the hourly federal minimum 10 wage rate; and 44 percent for $8 above the hourly federal 11 minimum wage rate.; 12 2. Five percent of the first $1,500 of actual monthly 13 wages paid in this state for each new employee whose wages 14 exceed $1,500 a month; or 15 3. Fifteen percent of the first $1,500 of actual 16 monthly wages paid in this state for each new employee who is 17 a welfare transition program participant. 18 (b) This credit applies only with respect to wages 19 subject to unemployment tax and does not apply for any new 20 employee who is employed for any period less than 3 full 21 months. 22 (c) If this credit is not fully used in any one year, 23 the unused amount may be carried forward for a period not to 24 exceed 5 years. The carryover credit may be used in a 25 subsequent year when the tax imposed by this chapter for such 26 year exceeds the credit for such year after applying the other 27 credits and unused credit carryovers in the order provided in 28 s. 220.02(8). 29 (2) When filing for an enterprise zone jobs credit, a 30 business must file under oath with the governing body or 31 enterprise zone development agency having jurisdiction over 41 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 the enterprise zone where the business is located, as 2 applicable, a statement which includes: 3 (a) For each new employee for whom this credit is 4 claimed, the employee's name and place of residence during the 5 taxable year, including the identifying number assigned 6 pursuant to s. 290.0065 to the enterprise zone in which the 7 new employee resides if the new employee is a person residing 8 in an enterprise zone, and, if applicable, documentation that 9 the employee is a qualified Job Training Partnership Act 10 classroom training participant or a welfare transition program 11 participant. 12 (b) If applicable, the name and address of each 13 permanent employee of the business, including, for each 14 employee who is a resident of an enterprise zone, the 15 identifying number assigned pursuant to s. 290.0065 to the 16 enterprise zone in which the employee resides. 17 (c) The name and address of the business. 18 (d) The identifying number assigned pursuant to s. 19 290.0065 to the enterprise zone in which the eligible business 20 is located. 21 (e) The salary or hourly wages paid to each new 22 employee claimed. 23 (f) Demonstration to the department that the total 24 number of full-time jobs has increased from the average of the 25 previous 12 months. 26 (g)(f) Whether the business is a small business as 27 defined by s. 288.703(1). 28 Section 7. Subsections (1), (2), (3), and (4) of 29 section 220.183, Florida Statutes, are amended to read: 30 220.183 Community contribution tax credit.-- 31 (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX 42 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM 2 SPENDING.-- 3 (a) There shall be allowed a credit of 50 percent of a 4 community contribution against any tax due for a taxable year 5 under this chapter. 6 (b) No business firm shall receive more than $200,000 7 in annual tax credits for all approved community contributions 8 made in any one year. 9 (c) The total amount of tax credit which may be 10 granted for all programs approved under this section, s. 11 212.08(5)(q), and s. 624.5105 is $10 million annually. 12 (d) All proposals for the granting of the tax credit 13 shall require the prior approval of the Office of Tourism, 14 Trade, and Economic Development. 15 (e) If the credit granted pursuant to this section is 16 not fully used in any one year because of insufficient tax 17 liability on the part of the business firm, the unused amount 18 may be carried forward for a period not to exceed 5 years. The 19 carryover credit may be used in a subsequent year when the tax 20 imposed by this chapter for such year exceeds the credit for 21 such year under this section after applying the other credits 22 and unused credit carryovers in the order provided in s. 23 220.02(8). 24 (f) A taxpayer who files a Florida consolidated return 25 as a member of an affiliated group pursuant to s. 220.131(1) 26 may be allowed the credit on a consolidated return basis. 27 (g) A taxpayer who is eligible to receive the credit 28 provided for in s. 624.5105 is not eligible to receive the 29 credit provided by this section. 30 (2) ELIGIBILITY REQUIREMENTS.-- 31 (a) All community contributions by a business firm 43 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 shall be in the form specified in s. 220.03(1)(d). 2 (b) All community contributions must be reserved 3 exclusively for use in projects as defined in s. 220.03(1)(t). 4 The Office of Tourism, Trade, and Economic Development may 5 reserve up to 50 percent of the available annual tax credits 6 for housing for very-low-income households pursuant to s. 7 420.9071(28), for the first 6 months of the fiscal year. 8 (c) The project must be undertaken by an "eligible 9 sponsor," defined here as: 10 1. A community action program; 11 2. A nonprofit community-based community development 12 organization whose mission is the provision of housing for 13 low-income or very-low-income households or increasing 14 entrepreneurial and job-development opportunities for 15 low-income persons corporation; 16 3. A neighborhood housing services corporation; 17 4. A local housing authority, created pursuant to 18 chapter 421; 19 5. A community redevelopment agency, created pursuant 20 to s. 163.356; 21 6. The Florida Industrial Development Corporation; 22 7. An historic preservation district agency or 23 organization; 24 8. A regional workforce board private industry 25 council; 26 9. A direct-support organization as provided in s. 27 240.551; 28 10. An enterprise zone development agency created 29 pursuant to s. 290.0056 s. 290.0057; or 30 11. A community-based organization incorporated under 31 chapter 617 which is recognized as educational, charitable, or 44 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 scientific pursuant to s. 501(c)(3) of the Internal Revenue 2 Code and whose by-laws and articles of incorporation include 3 affordable housing, economic development, or community 4 development as the primary mission of the corporation; 5 12. Units of local government; 6 13. Units of state government; or 7 14.11. Such other agency as the Office of Tourism, 8 Trade, and Economic Development may, from time to time, 9 designate by rule. 10 11 In no event shall a contributing business firm have a 12 financial interest in the eligible sponsor. 13 (d) The project shall be located in an area designated 14 as an enterprise zone or a Front Porch Florida Community 15 pursuant to s. 14.2015(9)(b) pursuant to s. 290.0065. Any 16 project designed to construct or rehabilitate housing for 17 low-income or very-low-income households as defined in s. 18 420.9071(19) and (28) low-income housing is exempt from the 19 area requirement of this paragraph. This section does not 20 preclude projects that propose to construct or rehabilitate 21 housing for low-income or very-low-income households on 22 scattered sites. Any project designed to provide increased 23 access to high-speed broadband capabilities which includes 24 coverage of a rural enterprise zone may locate the project's 25 infrastructure in any area of a rural county. 26 (3) APPLICATION REQUIREMENTS.-- 27 (a) Any eligible sponsor wishing to participate in 28 this program must submit a proposal to the Office of Tourism, 29 Trade, and Economic Development which sets forth the sponsor, 30 the project, the area in which the project is located, and 31 such supporting information as may be prescribed by rule. The 45 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 proposal shall also contain a resolution from the local 2 governmental unit in which it is located certifying that the 3 project is consistent with local plans and regulations. 4 (b) Any business wishing to participate in this 5 program must submit an application for tax credit to the 6 Office of Tourism, Trade, and Economic Development, which 7 application sets forth the sponsor; the project; and the type, 8 value, and purpose of the contribution. The sponsor shall 9 verify the terms of the application and indicate its receipt 10 of willingness to receive the contribution, which verification 11 indicate its willingness to receive the contribution, which 12 verification must shall be in writing and shall accompany the 13 application for tax credit. 14 (c) The business firm must submit a separate 15 application for tax credit for each individual contribution 16 that which it makes proposes to contribute to each individual 17 project. 18 (4) ADMINISTRATION.-- 19 (a) The Office of Tourism, Trade, and Economic 20 Development has authority to adopt rules pursuant to ss. 21 120.536(1) and 120.54 to implement the provisions of this 22 section, including rules for the approval or disapproval of 23 proposals by business firms. 24 (b) The decision of the Office of Tourism, Trade, and 25 Economic Development shall be in writing, and, if approved, 26 the notification must proposal shall state the maximum credit 27 allowable to the business firm. A copy of the decision shall 28 be transmitted to the executive director of the Department of 29 Revenue, who shall apply such credit to the tax liability of 30 the business firm. 31 (c) The Office of Tourism, Trade, and Economic 46 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 Development shall periodically monitor all projects in a 2 manner consistent with available resources to ensure that 3 resources are utilized in accordance with this section; 4 however, each project shall be reviewed no less often than 5 once every 2 years. 6 (d) The Department of Revenue has authority to adopt 7 rules pursuant to ss. 120.536(1) and 120.54 to implement the 8 provisions of this section. 9 (e) The Office of Tourism, Trade, and Economic 10 Development shall, in consultation with the Department of 11 Community Affairs, the Florida Housing Finance Corporation, 12 and the statewide and regional housing and financial 13 intermediaries, market the availability of the community 14 contribution tax credit program to community-based 15 organizations. 16 Section 8. Section 288.018, Florida Statutes, is 17 amended to read: 18 288.018 Regional Rural Development Grants Program.-- 19 (1) The Office of Tourism, Trade, and Economic 20 Development shall establish a matching grant program to 21 provide funding to regionally based economic development 22 organizations representing rural counties and communities for 23 the purpose of building the professional capacity of their 24 organizations. The Office of Tourism, Trade, and Economic 25 Development is authorized to approve, on an annual basis, 26 grants to such regionally based economic development 27 organizations. The maximum amount an organization may receive 28 in any year will be $35,000, or $100,000 in a rural area of 29 critical economic concern recommended by the Rural Economic 30 Development Initiative and designated by the Governor, and 31 must be matched each year by an equivalent amount of nonstate 47 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 resources. 2 (2) In approving the participants, the Office of 3 Tourism, Trade, and Economic Development shall consider the 4 demonstrated need of the applicant for assistance and require 5 the following: 6 (a) Documentation of official commitments of support 7 from each of the units of local government represented by the 8 regional organization. 9 (b) Demonstration that each unit of local government 10 has made a financial or in-kind commitment to the regional 11 organization. 12 (c) Demonstration that the private sector has made 13 financial or in-kind commitments to the regional organization. 14 (d) Demonstration that the organization is in 15 existence and actively involved in economic development 16 activities serving the region. 17 (e) Demonstration of the manner in which the 18 organization is or will coordinate its efforts with those of 19 other local and state organizations. 20 (3) The Office of Tourism, Trade, and Economic 21 Development may also contract for the development of an 22 enterprise zone web portal or web sites for each enterprise 23 zone which will be used to market the program for job creation 24 in disadvantaged urban and rural enterprise zones. Each 25 enterprise zone web page should include downloadable links to 26 state forms and information, as well as local message boards 27 that help businesses and residents receive information 28 concerning zone boundaries, job openings, zone programs, and 29 neighborhood improvement activities. 30 (4)(3) The Office of Tourism, Trade, and Economic 31 Development may expend up to $750,000 $600,000 each fiscal 48 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 year from funds appropriated to the Rural Community 2 Development Revolving Loan Fund for the purposes outlined in 3 this section. The Office of Tourism, Trade, and Economic 4 Development may contract with Enterprise Florida, Inc., for 5 the administration of the purposes specified in this section. 6 Funds released to Enterprise Florida, Inc., for this purpose 7 shall be released quarterly and shall be calculated based on 8 the applications in process. 9 Section 9. Section 288.019, Florida Statutes, is 10 created to read: 11 288.019 Rural considerations in grant review and 12 evaluation processes.--Notwithstanding any other law, and to 13 the fullest extent possible, the member agencies and 14 organizations of the Rural Economic Development Initiative 15 (REDI) as defined in s. 288.0656(6)(a) shall review all grant 16 and loan application evaluation criteria to ensure the fullest 17 access for rural counties as defined in s. 288.0656(2)(b) to 18 resources available throughout the state. 19 (1) Each REDI agency and organization shall review all 20 evaluation and scoring procedures and develop modifications to 21 those procedures which minimize the impact of a project within 22 a rural area. 23 (2) Evaluation criteria and scoring procedures must 24 provide for an appropriate ranking based on the proportionate 25 impact that projects have on a rural area when compared with 26 similar project impacts on an urban area. 27 (3) Evaluation criteria and scoring procedures must 28 recognize the disparity of available fiscal resources for an 29 equal level of financial support from an urban county and a 30 rural county. 31 (a) The evaluation criteria should weight contribution 49 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 in proportion to the amount of funding available at the local 2 level. 3 (b) In-kind match should be allowed and applied as 4 financial match when a county is experiencing financial 5 distress through elevated unemployment at a rate in excess of 6 the state's average by 5 percentage points or because of the 7 loss of its ad valorem base. 8 (4) For existing programs, the modified evaluation 9 criteria and scoring procedure must be delivered to the Office 10 of Tourism, Trade, and Economic Development for distribution 11 to the REDI agencies and organizations. The REDI agencies and 12 organizations shall review and make comments. Future rules, 13 programs, evaluation criteria, and scoring processes must be 14 brought before a REDI meeting for review, discussion, and 15 recommendation to allow rural counties fuller access to the 16 state's resources. 17 Section 10. Subsection (2) of section 288.065, Florida 18 Statutes, is amended to read: 19 288.065 Rural Community Development Revolving Loan 20 Fund.-- 21 (2) The program shall provide for long-term loans, 22 loan guarantees, and loan loss reserves to units of local 23 governments, or economic development organizations 24 substantially underwritten by a unit of local government, 25 within counties with populations of 75,000 or less, or any 26 county that has a population of 100,000 or less and is 27 contiguous to a county with a population of 75,000 or less, as 28 determined by the most recent official estimate pursuant to s. 29 186.901, residing in incorporated and unincorporated areas of 30 the county, or to units of local government, or economic 31 development organizations substantially underwritten by a unit 50 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 of local government, within a rural area of critical economic 2 concern. Requests for loans shall be made by application to 3 the Office of Tourism, Trade, and Economic Development. Loans 4 shall be made pursuant to agreements specifying the terms and 5 conditions agreed to between the applicant local government 6 and the Office of Tourism, Trade, and Economic Development. 7 The loans shall be the legal obligations of the applicant 8 local government. All repayments of principal and interest 9 shall be returned to the loan fund and made available for 10 loans to other applicants. However, in a rural area of 11 critical economic concern designated by the Governor, and upon 12 approval by the Office of Tourism, Trade, and Economic 13 Development, repayments of principal and interest may be 14 retained by the applicant a unit of local government if such 15 repayments are dedicated and matched to fund regionally based 16 economic development organizations representing the rural area 17 of critical economic concern. 18 Section 11. Subsection (6) of section 288.0656, 19 Florida Statutes, is amended to read: 20 288.0656 Rural Economic Development Initiative.-- 21 (6)(a) By No later than August 1 of each year, 1999, 22 the head of each of the following agencies and organizations 23 shall designate a high-level staff person from within the 24 agency or organization to serve as the REDI representative for 25 the agency or organization: 26 1. The Department of Community Affairs. 27 2. The Department of Transportation. 28 3. The Department of Environmental Protection. 29 4. The Department of Agriculture and Consumer 30 Services. 31 5. The Department of State. 51 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 6. The Department of Health. 2 7. The Department of Children and Family Services. 3 8. The Department of Corrections. 4 9. The Agency for Workforce Innovation Department of 5 Labor and Employment Security. 6 10. The Department of Education. 7 11. The Department of Juvenile Justice. 8 12.11. The Fish and Wildlife Conservation Commission. 9 13.12. Each water management district. 10 14.13. Enterprise Florida, Inc. 11 15. Workforce Florida, Inc. 12 16.14. The Florida Commission on Tourism or VISIT 13 Florida. 14 17.15. The Florida Regional Planning Council 15 Association. 16 18.16. The Florida State Rural Development Council. 17 19.17. The Institute of Food and Agricultural Sciences 18 (IFAS). 19 20 An alternate for each designee shall also be chosen, and the 21 names of the designees and alternates shall be sent to the 22 director of the Office of Tourism, Trade, and Economic 23 Development. 24 (b) Each REDI representative must have comprehensive 25 knowledge of his or her agency's functions, both regulatory 26 and service in nature, and of the state's economic goals, 27 policies, and programs. This person shall be the primary point 28 of contact for his or her agency with REDI on issues and 29 projects relating to economically distressed rural communities 30 and with regard to expediting project review, shall ensure a 31 prompt effective response to problems arising with regard to 52 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 rural issues, and shall work closely with the other REDI 2 representatives in the identification of opportunities for 3 preferential awards of program funds and allowances and waiver 4 of program requirements when necessary to encourage and 5 facilitate long-term private capital investment and job 6 creation. 7 (c) The REDI representatives shall work with REDI in 8 the review and evaluation of statutes and rules for adverse 9 impact on rural communities and the development of alternative 10 proposals to mitigate that impact. 11 (d) Each REDI representative shall be responsible for 12 ensuring that each district office or facility of his or her 13 agency is informed about the Rural Economic Development 14 Initiative and for providing assistance throughout the agency 15 in the implementation of REDI activities. 16 Section 12. Section 288.1088, Florida Statutes, is 17 amended to read: 18 288.1088 Quick Action Closing Fund.-- 19 (1)(a) The Legislature finds that attracting, 20 retaining, and providing favorable conditions for the growth 21 of certain high-impact business facilities, privately 22 developed critical rural infrastructure, or key facilities in 23 economically distressed urban or rural communities which 24 provide provides widespread economic benefits to the public 25 through high-quality employment opportunities in such 26 facilities or and in related facilities attracted to the 27 state, through the increased tax base provided by the 28 high-impact facility and related businesses in related 29 sectors, through an enhanced entrepreneurial climate in the 30 state and the resulting business and employment opportunities, 31 and through the stimulation and enhancement of the state's 53 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 universities and community colleges. In the global economy, 2 there exists serious and fierce international competition for 3 these facilities, and in most instances, when all available 4 resources for economic development have been used, the state 5 continues to encounter severe competitive disadvantages in 6 vying for these high-impact business facilities. Florida's 7 rural areas must provide a competitive environment for 8 business in the information age. This often requires an 9 incentive to make it feasible for private investors to provide 10 infrastructure in those areas. 11 (b) The Legislature therefore declares that sufficient 12 resources shall be available to respond to extraordinary 13 economic opportunities and to compete effectively for these 14 high-impact business facilities, critical private 15 infrastructure in rural areas, and key businesses in 16 economically distressed urban or rural communities. 17 (2) There is created within the Office of Tourism, 18 Trade, and Economic Development the Quick Action Closing Fund. 19 (3)(a) Enterprise Florida, Inc., shall evaluate 20 individual proposals for high-impact business facilities and 21 forward recommendations regarding the use of moneys in the 22 fund for such facilities to the director of the Office of 23 Tourism, Trade, and Economic Development. Such evaluation and 24 recommendation must include, but need not be limited to: 25 1. A description of the type of facility or 26 infrastructure, its operations business operation, and the 27 associated product or service associated with the facility. 28 2. The number of full-time-equivalent jobs that will 29 be created by the facility and the total estimated average 30 annual wages of those jobs or, in the case of privately 31 developed rural infrastructure, the types of business 54 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 activities and jobs stimulated by the investment. 2 3. The cumulative amount of investment to be dedicated 3 to the facility within a specified period. 4 4. A statement of any special impacts the facility is 5 expected to stimulate in a particular business sector in the 6 state or regional economy or in the state's universities and 7 community colleges. 8 5. A statement of the role the incentive is expected 9 to play in the decision of the applicant business to locate or 10 expand in this state or for the private investor to provide 11 critical rural infrastructure. 12 (b) Upon receipt of the evaluation and recommendation 13 from Enterprise Florida, Inc., the director shall recommend 14 approval or disapproval of a project for receipt of funds from 15 the Quick Action Closing Fund to the Governor. In recommending 16 a project high-impact business facility, the director shall 17 include proposed performance conditions that the project 18 facility must meet to obtain incentive funds. The Governor 19 shall consult with the President of the Senate and the Speaker 20 of the House of Representatives before giving final approval 21 for a project. The Executive Office of the Governor shall 22 recommend approval of a project and release of funds pursuant 23 to the legislative consultation and review requirements set 24 forth in s. 216.177. The recommendation must include proposed 25 performance conditions the project must meet to obtain funds. 26 (c) Upon the approval of the Governor, the director of 27 the Office of Tourism, Trade, and Economic Development and the 28 high-impact business shall enter into a contract that sets 29 forth the conditions for payment of moneys from the fund. The 30 contract must include the total amount of funds awarded; the 31 performance conditions that must be met to obtain the award, 55 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 including, but not limited to, net new employment in the 2 state, average salary, and total capital investment; 3 demonstrate a baseline of current service and a measure of 4 enhanced capability; the methodology for validating 5 performance; the schedule of payments from the fund; and 6 sanctions for failure to meet performance conditions. 7 (d) Enterprise Florida, Inc., shall validate 8 contractor performance. Such validation shall be reported 9 within 6 months after completion of the contract to the 10 Governor, President of the Senate, and the Speaker of the 11 House of Representatives. 12 Section 13. Subsection (2) of section 288.9015, 13 Florida Statutes, is amended to read: 14 288.9015 Enterprise Florida, Inc.; purpose; duties.-- 15 (2) It shall be the responsibility of Enterprise 16 Florida, Inc., to aggressively market Florida's rural 17 communities, and distressed urban communities, and enterprise 18 zones as locations for potential new investment, to 19 aggressively assist in the retention and expansion of existing 20 businesses in these communities, and to aggressively assist 21 these communities in the identification and development of new 22 economic development opportunities for job creation, fully 23 using state incentive programs such as the Qualified Target 24 Industry Tax Refund Program under s. 288.106 and the Quick 25 Action Closing Fund under s. 288.1088 in economically 26 distressed areas. 27 Section 14. Section 290.004, Florida Statutes, is 28 amended to read: 29 290.004 Definitions relating to Florida Enterprise 30 Zone Act.--As used in ss. 290.001-290.016: 31 (1) "Community investment corporation" means a black 56 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 business investment corporation, a certified development 2 corporation, a small business investment corporation, or other 3 similar entity incorporated under Florida law that has limited 4 its investment policy to making investments solely in minority 5 business enterprises. 6 (2) "Department" means the Department of Commerce. 7 (3) "Director" means the director of the Office of 8 Tourism, Trade, and Economic Development. 9 (4) "Governing body" means the council or other 10 legislative body charged with governing the county or 11 municipality. 12 (5) "Interagency coordinating council" means the 13 Enterprise Zone Interagency Coordinating Council created 14 pursuant to s. 290.009. 15 (6) "Minority business enterprise" has the same 16 meaning as in s. 288.703. 17 (7) "Office" means the Office of Tourism, Trade, and 18 Economic Development. 19 (8) "Rural enterprise zone" means an enterprise zone 20 that is nominated by a county having a population of 75,000 or 21 fewer, or a county having a population of 100,000 or fewer 22 which is contiguous to a county having a population of 75,000 23 or fewer, or by a municipality in such a county, or by such a 24 county and one or more municipalities. An enterprise zone 25 designated in accordance with s. 370.28 or s. 290.0065(5)(b), 26 is considered to be a rural enterprise zone. 27 (9)(8) "Secretary" means the Secretary of Commerce. 28 (10)(9) "Small business" has the same meaning as in s. 29 288.703. 30 Section 15. Enterprise zone designation for Sarasota 31 County or Sarasota County and Sarasota.--Sarasota County, or 57 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 Sarasota County and the City of Sarasota jointly, may apply to 2 the Office of Tourism, Trade, and Economic Development for 3 designation of one enterprise zone within the county, or 4 within both the county and the municipality, which zone 5 encompasses an area that is south of the north county line, 6 west of Tuttle Avenue, north of 10th Street, and east of U.S. 7 Highway 41. The application must be submitted by December 31, 8 2001, and must comply with the requirements of section 9 290.0055, Florida Statutes. Notwithstanding the provisions of 10 section 290.0065, Florida Statutes, limiting the total number 11 of enterprise zones designated and the number of enterprise 12 zones within a population category, the Office of Tourism, 13 Trade, and Economic Development may designate one enterprise 14 zone under this section. The Office of Tourism, Trade, and 15 Economic Development shall establish the initial effective 16 date of the enterprise zone designated under this section. 17 Section 16. Section 290.00555, Florida Statutes, is 18 amended to read: 19 290.00555 Satellite enterprise zones.--Before December 20 31, 1999, Any municipality an area of which has previously 21 received designation as an enterprise zone in the population 22 category described in s. 290.0065(3)(a)3. may create a 23 satellite enterprise zone not exceeding 1.5 square miles in 24 area outside of and, notwithstanding anything contained in s. 25 290.0055(4), or any other law, in addition to the previously 26 designated enterprise zone boundaries. The Office of Tourism, 27 Trade, and Economic Development shall amend the boundaries of 28 the areas previously designated by any such municipality as 29 enterprise zones upon receipt of a resolution adopted by the 30 municipality describing the satellite enterprise zone areas, 31 as long as the additional areas are consistent with the 58 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 categories, criteria, and limitations imposed by s. 290.0055. 2 However, the requirements imposed by s. 290.0055(4)(d) do not 3 apply to such satellite enterprise zone areas. 4 Section 17. Satellite enterprise zones may be created 5 pursuant to section 290.00555, Florida Statutes, effective 6 retroactively to December 31, 1999. Resolutions adopted to 7 create satellite enterprise zones under this section must be 8 submitted to the Office of Tourism, Trade, and Economic 9 Development no later than August 1, 2001. The Office of 10 Tourism, Trade, and Economic Development must amend the 11 boundaries of previously designated enterprise zones to create 12 eligible satellite enterprise zones no later than September 1, 13 2001. Notwithstanding the time limitations contained in 14 chapter 212, Florida Statutes, a business in a satellite 15 enterprise zone designated under this section which was 16 eligible to receive tax incentives pursuant to section 17 212.08(5)(g) and (h) and section 212.096, Florida Statutes, 18 during the period beginning December 31, 1999, and ending on 19 the date of the creation of the satellite enterprise zone, 20 must submit an application for the tax incentives by December 21 1, 2001. All other requirements of the enterprise zone program 22 apply to such a business. 23 Section 18. Section 290.0065, Florida Statutes, is 24 amended to read: 25 290.0065 State designation of enterprise zones.-- 26 (1) Upon application of the governing body of a county 27 or municipality or of a county and one or more municipalities 28 jointly pursuant to s. 290.0055, Enterprise Florida, Inc., and 29 the office department, in consultation with the interagency 30 coordinating council, shall determine which areas nominated by 31 such governing bodies meet the criteria outlined in s. 59 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 290.0055 and are the most appropriate for designation as state 2 enterprise zones. The office department is authorized to 3 designate up to 5 areas within each of the categories 4 established in subparagraphs (3)(a)1., 2., 3., 4., and 5., 5 except that the office department may only designate a total 6 of 20 areas as enterprise zones. The office department shall 7 not designate more than three enterprise zones in any one 8 county. All designations, including any provision for 9 redesignations, of state enterprise zones pursuant to this 10 section shall be effective July 1, 1995. 11 (2) Each application made pursuant to s. 290.0055 12 shall be ranked competitively within the appropriate category 13 established pursuant to subsection (3) based on the pervasive 14 poverty, unemployment, and general distress of the area; the 15 strategic plan, including local fiscal and regulatory 16 incentives, prepared pursuant to s. 290.0057; and the 17 prospects for new investment and economic development in the 18 area. Pervasive poverty, unemployment, and general distress 19 shall be weighted 35 percent; strategic plan and local fiscal 20 and regulatory incentives shall be weighted 40 percent; and 21 prospects for new investment and economic development in the 22 area shall be weighted 25 percent. 23 (3)(a) Each area designated as an enterprise zone 24 pursuant to this section shall be placed in one of the 25 following categories based on the 1990 census: 26 1. Communities consisting of census tracts in areas 27 having a total population of 150,000 persons or more. 28 2. Communities consisting of census tracts in areas 29 having a total population of 50,000 persons or more but less 30 than 150,000 persons. 31 3. Communities having a population of 20,000 persons 60 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 or more but less than 50,000 persons. 2 4. Communities having a population of 7,500 persons or 3 more but less than 20,000 persons. 4 5. Communities having a population of less than 7,500 5 persons. 6 (b) Any area authorized to be an enterprise zone by 7 both a county and a municipality shall be placed in the 8 appropriate category established under paragraph (a) in which 9 an application by the municipality would have been considered 10 if the municipality had acted alone, if at least 60 percent of 11 the population of the area authorized to be an enterprise zone 12 resides within the municipality. An area authorized to be an 13 enterprise zone by a county and one or more municipalities 14 shall be placed in the category in which an application by the 15 municipality with the highest percentage of residents in such 16 area would have been considered if such municipality had 17 authorized the area to be an enterprise zone. An area 18 authorized to be an enterprise zone by a county as defined by 19 s. 125.011(1) shall be placed in the category in which an 20 application by the municipality in which the area is located 21 would have been considered if the municipality had authorized 22 such area to be an enterprise zone. An area authorized to be 23 an enterprise zone by a county as defined by s. 125.011(1) 24 which area is located in two or more municipalities shall be 25 placed in the category in which an application by the 26 municipality with the highest percentage of residents in such 27 area would have been considered if such municipality had 28 authorized such area to be an enterprise zone. 29 (4)(a) Notwithstanding s. 290.0055, any area existing 30 as a state enterprise zone as of the effective date of this 31 section and originally approved through a joint application 61 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 from a county and municipality, or through an application from 2 a county as defined in s. 125.011(1), shall be redesignated as 3 a state enterprise zone upon the creation of an enterprise 4 zone development agency pursuant to s. 290.0056 and the 5 completion of a strategic plan pursuant to s. 290.0057. Any 6 area redesignated pursuant to this subsection, other than an 7 area located in a county defined in s. 125.011(1), may be 8 relocated or modified by the appropriate governmental bodies. 9 Such relocation or modification shall be identified in the 10 strategic plan and shall meet the requirements for designation 11 as established by s. 290.005. Any relocation or modification 12 shall be submitted on or before June 1, 1996. 13 (b) The office department shall place any area 14 designated as a state enterprise zone pursuant to this 15 subsection in the appropriate category established in 16 subsection (3), and include such designations within the 17 limitations on state enterprise zone designations set out in 18 subsection (1). 19 (c) Any county or municipality having jurisdiction 20 over an area designated as a state enterprise zone pursuant to 21 this subsection, other than a county defined by s. 125.011(1), 22 may not apply for designation of another area. 23 (5) Notwithstanding s. 290.0055, an area designated as 24 a federal empowerment zone or enterprise community pursuant to 25 Title XIII of the Omnibus Budget Reconciliation Act of 1993, 26 the Taxpayer Relief Act of 1997, or the 1999 Agricultural 27 Appropriations Act shall be designated a state enterprise zone 28 as follows: 29 (a) An area designated as an urban empowerment zone or 30 urban enterprise community pursuant to Title XIII of the 31 Omnibus Budget Reconciliation Act of 1993 or the Taxpayer 62 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 Relief Act of 1997 shall be designated a state enterprise zone 2 by the office department upon completion of the requirements 3 set out in paragraph (d), except in the case of a county as 4 defined in s. 125.011(1) which, notwithstanding s. 290.0055, 5 may incorporate and include such designated urban empowerment 6 zone or urban enterprise community areas within the boundaries 7 of its state enterprise zones without any limitation as to 8 size. 9 (b) An area designated as a rural empowerment zone or 10 rural enterprise community pursuant to Title XIII of the 11 Omnibus Budget Reconciliation Act of 1993 or the 1999 12 Agricultural Appropriations Act shall be designated a state 13 rural enterprise zone by the office department upon completion 14 of the requirements set out in paragraph (d) and may 15 incorporate and include such designated rural empowerment zone 16 or rural enterprise community within the boundaries of its 17 state enterprise zones without any limitation as to size. 18 (c) Any county or municipality having jurisdiction 19 over an area designated as a state enterprise zone pursuant to 20 this subsection, other than a county defined in s. 125.011(1), 21 may not apply for designation of another area. 22 (d) Prior to designating such areas as state 23 enterprise zones, the office department shall ensure that the 24 governing body having jurisdiction over the zone submits the 25 strategic plan required pursuant to 7 C.F.R. part 25 or 24 26 C.F.R. part 597 to the office department, and creates an 27 enterprise zone development agency pursuant to s. 290.0056. 28 (e) The office department shall place any area 29 designated as a state enterprise zone pursuant to this 30 subsection in the appropriate category established in 31 subsection (3), and include such designations within the 63 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 limitations on state enterprise zone designations set out in 2 subsection (1). 3 (6)(a) The office department, in consultation with 4 Enterprise Florida, Inc., and the interagency coordinating 5 council, may develop guidelines shall promulgate any rules 6 necessary for the approval of areas under this section by the 7 director secretary. 8 (b) Such guidelines rules shall provide for the 9 measurement of pervasive poverty, unemployment, and general 10 distress using the criteria outlined by s. 290.0058. 11 (c) Such guidelines rules shall provide for the 12 evaluation of the strategic plan and local fiscal and 13 regulatory incentives for effectiveness, including how the 14 following key principles will be implemented by the governing 15 body or bodies: 16 1. Economic opportunity, including job creation within 17 the community and throughout the region, as well as 18 entrepreneurial initiatives, small business expansion, and 19 training for jobs that offer upward mobility. 20 2. Sustainable community development that advances the 21 creation of livable and vibrant communities through 22 comprehensive approaches that coordinate economic, physical, 23 community, and human development. 24 3. Community-based partnerships involving the 25 participation of all segments of the community. 26 4. Strategic vision for change that identifies how the 27 community will be revitalized. This vision should include 28 methods for building on community assets and coordinate a 29 response to community needs in a comprehensive fashion. This 30 vision should provide goals and performance benchmarks for 31 measuring progress and establish a framework for evaluating 64 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 and adjusting the strategic plan. 2 5. Local fiscal and regulatory incentives enacted 3 pursuant to s. 290.0057(1)(e). These incentives should induce 4 economic revitalization, including job creation and small 5 business expansion. 6 (d) Such guidelines may rules shall provide methods 7 for evaluating the prospects for new investment and economic 8 development in the area, including a review and evaluation of 9 any previous state enterprise zones located in the area. 10 (7) Upon approval by the director secretary of a 11 resolution authorizing an area to be an enterprise zone 12 pursuant to this section, the office department shall assign a 13 unique identifying number to that resolution. The office 14 department shall provide the Department of Revenue and 15 Enterprise Florida, Inc., with a copy of each resolution 16 approved, together with its identifying number. 17 (8)(a) Notwithstanding s. 290.0055, any area existing 18 as a state enterprise zone as of December 30, 1994, which has 19 received at least $1 million in state community development 20 funds and at least $500,000 in federal community development 21 funds, which has less than 300 businesses located within the 22 boundaries of the enterprise zone, and which has been 23 designated by the United States Department of Agriculture as a 24 "Champion Community" shall be redesignated as a state 25 enterprise zone upon the creation of an enterprise zone 26 development agency pursuant to s. 290.0056 and the completion 27 of a strategic plan pursuant to s. 290.0057. 28 (b) Such designation shall be in addition to the 29 limitations of state enterprise zone designation set out in 30 subsection (1). 31 (9) The Office of Tourism, Trade, and Economic 65 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 Development may amend the boundaries of any enterprise zone 2 designated by the state pursuant to this section, consistent 3 with the categories, criteria, and limitations imposed in this 4 section upon the establishment of such enterprise zone and 5 only if consistent with the determinations made in s. 6 290.0058(2). 7 (9)(10) Before December 31, 1998, the governing body 8 of a county in which an enterprise zone designated pursuant to 9 paragraph (5)(b) is located may apply to the Office of 10 Tourism, Trade, and Economic Development to amend the 11 boundaries of the enterprise zone for the purpose of replacing 12 areas not suitable for development. The Office of Tourism, 13 Trade, and Economic Development shall approve the application 14 if it does not increase the overall size of the enterprise 15 zone. Except that upon the request of the governing body of a 16 home rule charter county, or any county the government of 17 which has been consolidated with the government of one or more 18 municipalities in accordance with s. 9, Art. VIII of the State 19 Constitution of 1885, as preserved by s. 6(e), Art. VIII of 20 the State Constitution as revised in 1968 and subsequently 21 amended, the Office of Tourism, Trade, and Economic 22 Development may amend the boundaries of an area designated as 23 an enterprise zone upon the receipt of a resolution adopted by 24 such governing body describing the amended boundaries, so long 25 as the added area does not increase the overall size of the 26 expanded zone more than its original size or 20 square miles, 27 whichever is larger, and is consistent with the categories, 28 criteria, and limitations imposed by s. 290.0055. 29 (10)(11) Before December 31, 1999, any county as 30 defined in s. 125.011(1) may create a satellite enterprise 31 zone not exceeding 3 square miles in area outside of and, 66 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 notwithstanding anything contained in s. 290.0055(4) or 2 elsewhere, in addition to the previously designated 20 square 3 miles of enterprise zones. The Office of Tourism, Trade, and 4 Economic Development shall amend the boundaries of the areas 5 previously designated by any such county as enterprise zones 6 upon the receipt of a resolution adopted by such governing 7 body describing the satellite enterprise zone, as long as the 8 additional area is consistent with the categories, criteria, 9 and limitations imposed by s. 290.0055, provided that the 10 20-square-mile limitation and the requirements imposed by s. 11 290.0055(4)(d) do not apply to such satellite enterprise zone. 12 Section 19. Section 290.00676, Florida Statutes, is 13 created to read: 14 290.00676 Amendment of rural enterprise zone 15 boundaries.--Notwithstanding any other law, upon 16 recommendation by Enterprise Florida, Inc., the Office of 17 Tourism, Trade, and Economic Development may approve requests 18 to amend the boundaries of rural enterprise zones as defined 19 in s. 290.004(8). Boundary amendments authorized by this 20 section are subject to the following requirements: 21 (1) The amendment may increase the size of the rural 22 enterprise zone up to a maximum zone size of 20 square miles. 23 (2) The amendment may increase the zone's number of 24 noncontiguous areas by one, if the additional noncontiguous 25 area has zero population. For purposes of this subsection, the 26 pervasive poverty criteria may be set aside for the addition 27 of a noncontiguous area. 28 (3) The local enterprise zone development agency must 29 request the amendment from Enterprise Florida, Inc., prior to 30 December 30, 2001. The request must contain maps and 31 sufficient information to allow the office to determine the 67 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 number of noncontiguous areas and the total size of the rural 2 enterprise zone. 3 Section 20. Section 290.00677, Florida Statutes, is 4 created to read: 5 290.00677 Rural enterprise zones; special 6 qualifications.-- 7 (1) Notwithstanding the enterprise zone residency 8 requirements set out in s. 212.096(1)(c), eligible businesses 9 as defined by s. 212.096(1)(a), located in rural enterprise 10 zones as defined by s. 290.004, may receive the basic minimum 11 credit provided under s. 212.096 for creating a new job and 12 hiring a person residing within the jurisdiction of a rural 13 county, as defined by s. 288.106(1)(r). All other provisions 14 of s. 212.096, including, but not limited to, those relating 15 to the award of enhanced credits, apply to such businesses. 16 (2) Notwithstanding the enterprise zone residency 17 requirements set out in s. 220.03(1)(q), eligible businesses 18 as defined by s. 212.096(1)(a), located in rural enterprise 19 zones as defined in s. 290.004, may receive the basic minimum 20 credit provided under s. 220.181 for creating a new job and 21 hiring a person residing within the jurisdiction of a rural 22 county, as defined by s. 288.106(1)(r). All other provisions 23 of s. 220.181, including, but not limited to, those relating 24 to the award of enhanced credits apply to such businesses. 25 Section 21. Section 290.00694, Florida Statutes, is 26 created to read: 27 290.00694 Enterprise zone designation for rural 28 communities.--An area designated as a rural champion community 29 under the Taxpayer Relief Act of 1997 or a community within a 30 designated rural area of critical economic concern under s. 31 288.0656 may submit an application to Enterprise Florida, 68 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 Inc., for review and recommendation to the office for 2 designation as an enterprise zone. The application must be 3 submitted by December 31, 2001. Notwithstanding the provisions 4 of s. 290.0065 limiting the total number of enterprise zones 5 designated and the number of enterprise zones within a 6 population category, the Office of Tourism, Trade, and 7 Economic Development may designate enterprise zones under this 8 section. Upon completion of the requirements set out in s. 9 290.0065(5)(d), the Office of Tourism, Trade, and Economic 10 Development shall establish the initial effective date of the 11 enterprise zones designated pursuant to this section. Only one 12 community in each county in a rural area of critical economic 13 concern may be designated as an enterprise zone. 14 Section 22. Subsection (3) of section 290.007, Florida 15 Statutes, is amended to read: 16 290.007 State incentives available in enterprise 17 zones.--The following incentives are provided by the state to 18 encourage the revitalization of enterprise zones: 19 (3) The community contribution tax credits provided in 20 ss. 212.08, 220.183, and 624.5105. 21 Section 23. Subsection (7) is added to section 22 290.048, Florida Statutes, to read: 23 290.048 General powers of Department of Community 24 Affairs under ss. 290.0401-290.049.--The department has all 25 the powers necessary or appropriate to carry out the purposes 26 and provisions of the program, including the power to: 27 (7) Establish advisory committees and solicit 28 participation in designing, administering, and evaluating the 29 program and in linking the program with other housing and 30 community development resources. 31 Section 24. Section 290.049, Florida Statutes, is 69 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 repealed. 2 Section 25. Subsection (4) of section 370.28, Florida 3 Statutes, is repealed. 4 Section 26. Paragraph (e) of subsection (2) of section 5 380.06, Florida Statutes, is amended to read: 6 380.06 Developments of regional impact.-- 7 (2) STATEWIDE GUIDELINES AND STANDARDS.-- 8 (e) With respect to residential, hotel, motel, office, 9 and retail developments, the applicable guidelines and 10 standards shall be increased by 50 percent in urban central 11 business districts and regional activity centers of 12 jurisdictions whose local comprehensive plans are in 13 compliance with part II of chapter 163. With respect to 14 multiuse developments, the applicable guidelines and standards 15 shall be increased by 100 percent in urban central business 16 districts and regional activity centers of jurisdictions whose 17 local comprehensive plans are in compliance with part II of 18 chapter 163, if one land use of the multiuse development is 19 residential and amounts to not less than 35 percent of the 20 jurisdiction's applicable residential threshold. With respect 21 to resort or convention hotel developments, the applicable 22 guidelines and standards shall be increased by 150 percent in 23 urban central business districts and regional activity centers 24 of jurisdictions whose local comprehensive plans are in 25 compliance with part II of chapter 163 and where the increase 26 is specifically for a proposed resort or convention hotel 27 located in a county with a population greater than 500,000 and 28 the local government specifically designates that the proposed 29 resort or convention hotel development will serve an existing 30 convention center of more than 250,000 gross square feet built 31 prior to July 1, 1992. The applicable guidelines and standards 70 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 shall be increased by 200 percent for development in any area 2 designated by the Governor as a rural area of critical 3 economic concern pursuant to s. 288.0656 during the 4 effectiveness of the designation. The Administration 5 Commission, upon the recommendation of the state land planning 6 agency, shall implement this paragraph by rule no later than 7 December 1, 1993. The increased guidelines and standards 8 authorized by this paragraph shall not be implemented until 9 the effectiveness of the rule which, among other things, shall 10 set forth the pertinent characteristics of urban central 11 business districts and regional activity centers. 12 Section 27. Subsections (15) and (19) of section 13 420.503, Florida Statutes, are amended to read: 14 420.503 Definitions.--As used in this part, the term: 15 (15) "Elderly" means persons 62 years of age or older; 16 however, this definition does not prohibit housing from being 17 deemed housing for the elderly as defined in subsection (19) 18 if such housing otherwise meets the requirements of subsection 19 (19). 20 (19) "Housing for the elderly" means, for purposes of 21 s. 420.5087(3)(c)2., any nonprofit housing community that is 22 financed by a mortgage loan made or insured by the United 23 States Department of Housing and Urban Development under s. 24 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 25 236 of the National Housing Act, as amended, and that is 26 subject to income limitations established by the United States 27 Department of Housing and Urban Development, or any program 28 funded by the Rural Development Agency of the United States 29 Department of Agriculture and subject to income limitations 30 established by the United States Department of Agriculture. A 31 project which qualifies for an exemption under the Fair 71 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 Housing Act as housing for older persons as defined by s. 2 760.29(4) shall qualify as housing for the elderly for 3 purposes of s. 420.5087(3)(c)2. and for purposes of any loans 4 made under s. 420.508. In addition, if the corporation adopts 5 a qualified allocation plan pursuant to s. 42(m)(1)(B) of the 6 Internal Revenue Code or any other rules that prioritize 7 projects targeting the elderly for purposes of allocating tax 8 credits pursuant to s. 420.5099 or for purposes of the HOME 9 program under s. 420.5089, a project which qualifies for an 10 exemption under the Fair Housing Act as housing for older 11 persons as defined by s. 760.29(4) shall qualify as a project 12 targeted for the elderly, if the project satisfies the other 13 requirements set forth in this part. 14 Section 28. Subsection (39) is added to section 15 420.507, Florida Statutes, to read: 16 420.507 Powers of the corporation.--The corporation 17 shall have all the powers necessary or convenient to carry out 18 and effectuate the purposes and provisions of this part, 19 including the following powers which are in addition to all 20 other powers granted by other provisions of this part: 21 (39) To create recognition programs to honor 22 individuals, community-based development organizations, units 23 of local government, or others who have demonstrated the 24 ideals of community stewardship and increased access to 25 housing for low-income households, including their stewardship 26 in economically distressed areas. Such programs may 27 incorporate certificates of recognition by the Governor and 28 may include presentation by the Governor or his 29 representative. 30 Section 29. Paragraph (a) of subsection (1) of section 31 420.5088, Florida Statutes, is amended to read: 72 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 420.5088 Florida Homeownership Assistance 2 Program.--There is created the Florida Homeownership 3 Assistance Program for the purpose of assisting low-income 4 persons in purchasing a home by reducing the cost of the home 5 with below-market construction financing, by reducing the 6 amount of down payment and closing costs paid by the borrower 7 to a maximum of 5 percent of the purchase price, or by 8 reducing the monthly payment to an affordable amount for the 9 purchaser. Loans shall be made available at an interest rate 10 that does not exceed 3 percent. The balance of any loan is due 11 at closing if the property is sold or transferred. 12 (1) For loans made available pursuant to s. 13 420.507(23)(a)1. or 2.: 14 (a) The corporation may underwrite and make those 15 mortgage loans through the program to persons or families who 16 are eligible to participate in the corporation's single-family 17 mortgage revenue bond programs and who have incomes that do 18 not exceed 80 percent of the state or local median income, 19 whichever is greater, adjusted for family size. If the 20 corporation determines that there is insufficient demand for 21 such loans by persons or families who are eligible to 22 participate in the corporation's single-family mortgage 23 revenue bond programs, the corporation may make such mortgage 24 loans to other persons or families who have incomes that do 25 not exceed 80 percent of the state or local median income, 26 whichever amount is greater. 27 Section 30. Subsection (11) of section 420.5092, 28 Florida Statutes, is amended to read: 29 420.5092 Florida Affordable Housing Guarantee 30 Program.-- 31 (11) The maximum total amount of revenue bonds that 73 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 may be issued by the corporation pursuant to subsection (5) is 2 $400 $200 million. 3 Section 31. Subsections (2), (4), and (5) of section 4 624.5105, Florida Statutes, are amended to read: 5 624.5105 Community contribution tax credit; 6 authorization; limitations; eligibility and application 7 requirements; administration; definitions; expiration.-- 8 (2) ELIGIBILITY REQUIREMENTS.-- 9 (a) Each community contribution by an insurer must be 10 in a form specified in subsection (5). 11 (b) Each community contribution must be reserved 12 exclusively for use in a project as defined in s. 13 220.03(1)(t). 14 (c) The project must be undertaken by an "eligible 15 sponsor," as which term is defined in s. 220.183(2)(c). as: 16 1. A community action program; 17 2. A community development corporation; 18 3. A neighborhood housing services corporation; 19 4. A local housing authority created pursuant to 20 chapter 421; 21 5. A community redevelopment agency created pursuant 22 to s. 163.356; 23 6. The Florida Industrial Development Corporation; 24 7. A historic preservation district agency or 25 organization; 26 8. A private industry council; 27 9. An enterprise zone development agency created 28 pursuant to s. 290.0057; or 29 10. Such other agency as the director may, from time 30 to time, designate by rule. 31 74 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 In no event shall a contributing insurer have a financial 2 interest in the eligible sponsor. 3 (d) The project shall be located in an area designated 4 as an enterprise zone or a Front Porch Community pursuant to 5 s. 14.2015(9)(b) s. 290.0065. Any project designed to 6 construct or rehabilitate housing for low-income or 7 very-low-income households as defined in s. 420.9071(19) and 8 (28) low-income housing is exempt from the area requirement of 9 this paragraph. 10 (4) ADMINISTRATION.-- 11 (a)1. The Office of Tourism, Trade, and Economic 12 Development is authorized to adopt all rules necessary to 13 administer this section, including rules for the approval or 14 disapproval of proposals by insurers. 15 2. The decision of the director shall be in writing, 16 and, if approved, the proposal shall state the maximum credit 17 allowable to the insurer. A copy of the decision shall be 18 transmitted to the executive director of the Department of 19 Revenue, who shall apply such credit to the tax liability of 20 the insurer. 21 3. The office shall monitor all projects periodically, 22 in a manner consistent with available resources to ensure that 23 resources are utilized in accordance with this section; 24 however, each project shall be reviewed no less frequently 25 than once every 2 years. 26 4. The Office of Tourism, Trade, and Economic 27 Development shall, in consultation with the Department of 28 Community Affairs, the Florida Housing Finance Corporation, 29 and the statewide and regional housing and financial 30 intermediaries, market the availability of the community 31 contribution tax credit program to community-based 75 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 organizations. 2 (b) The Department of Revenue shall adopt any rules 3 necessary to ensure the orderly implementation and 4 administration of this section. 5 (5) DEFINITIONS.--For the purpose of this section: 6 (a) "Community contribution" means the grant by an 7 insurer of any of the following items: 8 1. Cash or other liquid assets. 9 2. Real property. 10 3. Goods or inventory. 11 4. Other physical resources which are identified by 12 the department. 13 (b) "Director" means the director of the Office of 14 Tourism, Trade, and Economic Development. 15 (c) "Local government" means any county or 16 incorporated municipality in the state. 17 (d) "Office" means the Office of Tourism, Trade, and 18 Economic Development. 19 (e) "Project" means an activity as defined in s. 20 220.03(1)(t). any activity undertaken by an eligible sponsor, 21 as defined in subsection (2), which is designed to construct, 22 improve, or substantially rehabilitate housing or commercial, 23 industrial, or public resources and facilities or to improve 24 entrepreneurial and job-development opportunities for 25 low-income persons. 26 Section 32. Subsection (7) is added to section 27 125.0103, Florida Statutes, to read: 28 125.0103 Ordinances and rules imposing price controls; 29 findings required; procedures.-- 30 (7) Notwithstanding any other provisions of this 31 section, municipalities, counties, or other entity of local 76 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 government may adopt and maintain in effect any law, 2 ordinance, rule, or other measure which is adopted for the 3 purposes of increasing the supply of affordable housing using 4 land use mechanisms such as inclusionary housing ordinances. 5 Section 33. Subsection (7) is added to section 6 166.043, Florida Statutes, to read: 7 166.043 Ordinances and rules imposing price controls; 8 findings required; procedures.-- 9 (1)(a) Except as hereinafter provided, no county, 10 municipality, or other entity of local government shall adopt 11 or maintain in effect an ordinance or a rule which has the 12 effect of imposing price controls upon a lawful business 13 activity which is not franchised by, owned by, or under 14 contract with, the governmental agency, unless specifically 15 provided by general law. 16 (b) The provisions of this section shall not prevent 17 the enactment by local governments of public service rates 18 otherwise authorized by law, including water, sewer, solid 19 waste, public transportation, taxicab, or port rates, rates 20 for towing of vehicles from or immobilization of vehicles on 21 private property, or rates for removal and storage of wrecked 22 or disabled vehicles from an accident scene or the removal and 23 storage of vehicles in the event the owner or operator is 24 incapacitated, unavailable, leaves the procurement of wrecker 25 service to the law enforcement officer at the scene, or 26 otherwise does not consent to the removal of the vehicle. 27 (c) Counties must establish maximum rates which may be 28 charged on the towing of vehicles from or immobilization of 29 vehicles on private property, removal and storage of wrecked 30 or disabled vehicles from an accident scene or for the removal 31 and storage of vehicles, in the event the owner or operator is 77 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 incapacitated, unavailable, leaves the procurement of wrecker 2 service to the law enforcement officer at the scene, or 3 otherwise does not consent to the removal of the vehicle. 4 However, if a municipality chooses to enact an ordinance 5 establishing the maximum fees for the towing or immobilization 6 of vehicles as described in paragraph (b), the county's 7 ordinance established under s. 125.0103 shall not apply within 8 such municipality. 9 (2) No law, ordinance, rule, or other measure which 10 would have the effect of imposing controls on rents shall be 11 adopted or maintained in effect except as provided herein and 12 unless it is found and determined, as hereinafter provided, 13 that such controls are necessary and proper to eliminate an 14 existing housing emergency which is so grave as to constitute 15 a serious menace to the general public. 16 (3) Any law, ordinance, rule, or other measure which 17 has the effect of imposing controls on rents shall terminate 18 and expire within 1 year and shall not be extended or renewed 19 except by the adoption of a new measure meeting all the 20 requirements of this section. 21 (4) Notwithstanding any other provisions of this 22 section, no controls shall be imposed on rents for any 23 accommodation used or offered for residential purposes as a 24 seasonal or tourist unit, as a second housing unit, or on 25 rents for dwelling units located in luxury apartment 26 buildings. For the purposes of this section, a luxury 27 apartment building is one wherein on January 1, 1977, the 28 aggregate rent due on a monthly basis from all dwelling units 29 as stated in leases or rent lists existing on that date 30 divided by the number of dwelling units exceeds $250. 31 (5) No municipality, county, or other entity of local 78 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 government shall adopt or maintain in effect any law, 2 ordinance, rule, or other measure which would have the effect 3 of imposing controls on rents unless: 4 (a) Such measure is duly adopted by the governing body 5 of such entity of local government, after notice and public 6 hearing, in accordance with all applicable provisions of the 7 Florida and United States Constitutions, the charter or 8 charters governing such entity of local government, this 9 section, and any other applicable laws. 10 (b) Such governing body makes and recites in such 11 measure its findings establishing the existence in fact of a 12 housing emergency so grave as to constitute a serious menace 13 to the general public and that such controls are necessary and 14 proper to eliminate such grave housing emergency. 15 (c) Such measure is approved by the voters in such 16 municipality, county, or other entity of local government. 17 (6) In any court action brought to challenge the 18 validity of rent control imposed pursuant to the provisions of 19 this section, the evidentiary effect of any findings or 20 recitations required by subsection (5) shall be limited to 21 imposing upon any party challenging the validity of such 22 measure the burden of going forward with the evidence, and the 23 burden of proof (that is, the risk of nonpersuasion) shall 24 rest upon any party seeking to have the measure upheld. 25 (7) Notwithstanding any other provisions of this 26 section, municipalities, counties, or other entity of local 27 government may adopt and maintain in effect any law, 28 ordinance, rule, or other measure which is adopted for the 29 purposes of increasing the supply of affordable housing using 30 land use mechanisms such as inclusionary housing ordinances. 31 Section 34. Paragraph (b) of subsection (1) of section 79 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 336.025, F.S., is amended to read: 2 336.025 County transportation system; levy of local 3 option fuel tax on motor fuel and diesel fuel.-- 4 (1) 5 (b) In addition to other taxes allowed by law, there 6 may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 7 3-cent, 4-cent, or 5-cent local option fuel tax upon every 8 gallon of motor fuel sold in a county and taxed under the 9 provisions of part I of chapter 206. The tax shall be levied 10 by an ordinance adopted by a majority plus one vote of the 11 membership of the governing body of the county or by 12 referendum. 13 1. The tax shall be levied before July 1, to be 14 effective January 1 of the following year. However, levies of 15 the tax which were in effect on July 1, 1996, and which expire 16 on August 31 of any year may be reimposed effective September 17 1 of the year of expiration. 18 2. The county may, prior to levy of the tax, establish 19 by interlocal agreement with one or more municipalities 20 located therein, representing a majority of the population of 21 the incorporated area within the county, a distribution 22 formula for dividing the entire proceeds of the tax among 23 county government and all eligible municipalities within the 24 county. If no interlocal agreement is adopted before the 25 effective date of the tax, tax revenues shall be distributed 26 pursuant to the provisions of subsection (4). If no 27 interlocal agreement exists, a new interlocal agreement may be 28 established prior to June 1 of any year pursuant to this 29 subparagraph. However, any interlocal agreement agreed to 30 under this subparagraph after the initial levy of the tax or 31 change in the tax rate authorized in this section shall under 80 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 no circumstances materially or adversely affect the rights of 2 holders of outstanding bonds which are backed by taxes 3 authorized by this paragraph, and the amounts distributed to 4 the county government and each municipality shall not be 5 reduced below the amount necessary for the payment of 6 principal and interest and reserves for principal and interest 7 as required under the covenants of any bond resolution 8 outstanding on the date of establishment of the new interlocal 9 agreement. 10 3. County and municipal governments shall utilize 11 moneys received pursuant to this paragraph only for 12 transportation expenditures needed to meet the requirements of 13 the capital improvements element of an adopted comprehensive 14 plan. For purposes of this paragraph, expenditures for the 15 construction of new roads, the reconstruction or resurfacing 16 of existing paved roads, or the paving of existing graded 17 roads when undertaken in part to relieve or mitigate existing 18 or potential adverse environmental impacts, shall be deemed to 19 increase capacity and such projects shall be included in the 20 capital improvements element of an adopted comprehensive plan. 21 Expenditures for purposes of this paragraph shall not include 22 routine maintenance of roads. 23 Section 35. Except as otherwise expressly provided in 24 this act, this act shall take effect July 1, 2001. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On page 1, line 2, through 30 Page 3, line 29 31 remove from the title of the bill: all of said lines 81 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 and insert in lieu thereof: 2 An act relating to economic development; amending s. 212.08, 3 F.S.; revising certain procedures and conditions relating to 4 the sales tax exemption for enterprise-zone building materials 5 and business property; extending the community contribution 6 tax credit provisions of the enterprise zone program to the 7 state sales tax; amending s. 212.096, F.S.; redefining the 8 terms "eligible business" and "new employee"; defining the 9 terms "jobs" and "new job has been created"; revising the 10 computation procedures of the enterprise-zone jobs credit 11 against sales tax; amending s. 212.098, F.S.; redefining the 12 term "eligible business"; defining the term "qualified area"; 13 deleting provisions ranking qualified counties; limiting the 14 amount of tax credits available during any one calendar year; 15 providing for reduction or waiver of certain financial match 16 requirements in rural areas by Rural Economic Development 17 Initiative agencies and organizations; amending s. 220.03, 18 F.S.; redefining the terms "new employee" and "project"; 19 defining the terms "new job has been created" and "jobs"; 20 amending s. 220.181, F.S.; revising the computation procedures 21 of the enterprise-zone job credit against the corporate income 22 tax; amending s. 220.183, F.S.; revising the eligibility, 23 application, and administrative requirements of the community 24 contribution corporate income tax credit program; amending s. 25 288.018, F.S.; revising administration and uses of the 26 Regional Rural Development Grants Program; creating s. 27 288.019, F.S.; providing for a review and evaluation process 28 of rural grants by Rural Economic Development Initiative 29 agencies; amending s. 288.065, F.S.; expanding the scope of 30 the Rural Community Revolving Loan Fund Program; amending s. 31 288.0656, F.S.; revising the membership of the Rural Economic 82 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 Development Initiative; requiring an annual designation of 2 staff representatives; amending s. 288.1088, F.S.; expanding 3 eligible uses of the Quick Action Closing Fund; amending s. 4 288.9015, F.S.; revising the duties of Enterprise Florida, 5 Inc.; amending s. 290.004, F.S.; defining the term "rural 6 enterprise zone"; authorizing the Office of Tourism, Trade, 7 and Economic Development to designate an enterprise zone in 8 Sarasota County; providing requirements with respect thereto; 9 amending s. 290.00555, F.S.; removing the December 31, 1999, 10 deadline for creation of satellite enterprise zones by certain 11 municipalities and authorizing creation of such zones 12 effective retroactively to that date; providing duties of the 13 Office of Tourism, Trade, and Economic Development; providing 14 an application deadline for businesses in such zones eligible 15 for certain sales and use tax incentives; amending s. 16 290.0065, F.S.; providing for certain rural enterprise zones; 17 conforming agency references to changes in program 18 administration; authorizing the Office of Tourism, Trade, and 19 Economic Development in consultation with Enterprise Florida, 20 Inc., to develop guidelines relating to the designation of 21 enterprise zones; creating s. 290.00676, F.S.; authorizing the 22 Office of Tourism, Trade, and Economic Development to amend 23 the boundaries of a rural enterprise zone and providing 24 requirements with respect thereto; creating s. 290.00677, 25 F.S.; modifying the employee residency requirements for the 26 enterprise-zone job credit against the sales tax and corporate 27 income tax if the business is located in a rural enterprise 28 zone; creating s. 290.00694, F.S.; authorizing the Office of 29 Tourism, Trade, and Economic Development to designate rural 30 champion communities as enterprise zones; providing 31 requirements with respect thereto; amending s. 290.007, F.S.; 83 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 revising the list of enterprise zone incentives to reflect the 2 creation of a community contribution sales tax credit program; 3 amending s. 290.048, F.S.; authorizing the Department of 4 Community Affairs to establish advisory committees and solicit 5 participation with respect to administering the Florida Small 6 Cities Community Development Block Grant Program; repealing s. 7 290.049, F.S., relating to the Community Development Block 8 Grant Advisory Council; repealing s. 370.28(4), F.S., which 9 provides conditions for tax incentives in enterprise zone 10 net-ban communities; amending s. 380.06, F.S.; providing for 11 guidelines and standards for an area designated by the 12 Governor as a rural area of critical economic concern; 13 deleting a requirement that the Administration Commission 14 adopt certain guidelines and standards by rule; amending s. 15 420.503, F.S.; redefining the terms "elderly" and "housing for 16 the elderly" under the Florida Housing Finance Act; amending 17 s. 420.507, F.S.; authorizing the Florida Housing Finance 18 Corporation to create a recognition program to support 19 affordable housing; amending s. 420.5088, F.S.; revising 20 authority and eligibility criteria for certain loans made by 21 the corporation under the Florida Homeownership Assistance 22 Program; amending s. 420.5092, F.S.; increasing the amount of 23 revenue bonds that may be issued under the Florida Affordable 24 Housing Guarantee Program; amending s. 624.5105, F.S.; 25 conforming definitions; revising eligibility and 26 administrative requirements; amending s. 125.0103, F.S.; 27 providing that a local government may enact an ordinance for 28 the purpose of increasing the supply of affordable housing 29 using land use mechanisms; amending s. 166.043, F.S.; 30 providing that a local government may enact an ordinance for 31 the purpose of increasing the supply of affordable housing 84 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759
HOUSE AMENDMENT Bill No. HB 1225 Amendment No. 01 (for drafter's use only) 1 using land use mechanisms; amending s. 336.025, F.S.; allowing 2 an additional use for local option fuel tax proceeds; 3 providing effective dates. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 85 File original & 9 copies 04/24/01 hft0006 02:14 pm 01225-fpr -335759