HB 1313

1	A bill to be entitled
2	An act relating to economic development; amending s.
3	212.08, F.S.; revising sales price criteria for
4	characterizing business property; conforming provisions to
5	the designated urban job tax credit area revision;
6	amending s. 212.097, F.S.; revising provisions providing
7	for an urban job tax credit program to apply to designated
8	urban job tax credit areas rather than high-crime areas;
9	revising and providing definitions, eligibility criteria,
10	application procedures and requirements, and area
11	characteristics and criteria; authorizing transfer of
12	unused credits under the Designated Urban Job Tax Credit
13	Area Program; specifying use of transferred credits;
14	prohibiting transfer of transferred credits; amending s.
15	212.098, F.S.; authorizing transfer of unused credits
16	under the Rural Job Tax Credit Program; specifying use of
17	transferred credits; prohibiting transfer of transferred
18	credits; amending s. 220.1895, F.S., to conform; amending
19	s. 288.99, F.S.; conforming provisions to the designated
20	urban job tax credit area revision; amending s. 290.007,
21	F.S.; authorizing eligible businesses to transfer unused
22	credits; providing requirements and limitations;
23	authorizing the Office of Tourism, Trade, and Economic
24	Development to approve requests to amend enterprise zone
25	boundaries; providing amendment requirements; authorizing
26	existing enterprise zones to request recertification;
27	providing request requirements; amending s. 290.016, F.S.;
28	extending the expiration date of the Florida Enterprise
29	Zone Act of 1994; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Paragraphs (h) and (o) of subsection (5) of
34	section 212.08, Florida Statutes, are amended to read:
35	212.08  Sales, rental, use, consumption, distribution, and
36	storage tax; specified exemptions.--The sale at retail, the
37	rental, the use, the consumption, the distribution, and the
38	storage to be used or consumed in this state of the following
39	are hereby specifically exempt from the tax imposed by this
40	chapter.
41	(5)  EXEMPTIONS; ACCOUNT OF USE.--
42	(h)  Business property used in an enterprise zone.--
43	1.  Business property purchased for use by businesses
44	located in an enterprise zone which is subsequently used in an
45	enterprise zone shall be exempt from the tax imposed by this
46	chapter. This exemption inures to the business only through a
47	refund of previously paid taxes. A refund shall be authorized
48	upon an affirmative showing by the taxpayer to the satisfaction
49	of the department that the requirements of this paragraph have
50	been met.
51	2.  To receive a refund, the business must file under oath
52	with the governing body or enterprise zone development agency
53	having jurisdiction over the enterprise zone where the business
54	is located, as applicable, an application which includes:
55	a.  The name and address of the business claiming the
56	refund.
57	b.  The identifying number assigned pursuant to s. 290.0065
58	to the enterprise zone in which the business is located.
59	c.  A specific description of the property for which a
60	refund is sought, including its serial number or other permanent
61	identification number.
62	d.  The location of the property.
63	e.  The sales invoice or other proof of purchase of the
64	property, showing the amount of sales tax paid, the date of
65	purchase, and the name and address of the sales tax dealer from
66	whom the property was purchased.
67	f.  Whether the business is a small business as defined by
68	s. 288.703(1).
69	g.  If applicable, the name and address of each permanent
70	employee of the business, including, for each employee who is a
71	resident of an enterprise zone, the identifying number assigned
72	pursuant to s. 290.0065 to the enterprise zone in which the
73	employee resides.
74	3.  Within 10 working days after receipt of an application,
75	the governing body or enterprise zone development agency shall
76	review the application to determine if it contains all the
77	information required pursuant to subparagraph 2. and meets the
78	criteria set out in this paragraph. The governing body or agency
79	shall certify all applications that contain the information
80	required pursuant to subparagraph 2. and meet the criteria set
81	out in this paragraph as eligible to receive a refund. If
82	applicable, the governing body or agency shall also certify if
83	20 percent of the employees of the business are residents of an
84	enterprise zone, excluding temporary and part-time employees.
85	The certification shall be in writing, and a copy of the
86	certification shall be transmitted to the executive director of
87	the Department of Revenue. The business shall be responsible for
88	forwarding a certified application to the department within the
89	time specified in subparagraph 4.
90	4.  An application for a refund pursuant to this paragraph
91	must be submitted to the department within 6 months after the
92	tax is due on the business property that is purchased.
93	5.  The provisions of s. 212.095 do not apply to any refund
94	application made pursuant to this paragraph. The amount refunded
95	on purchases of business property under this paragraph shall be
96	the lesser of 97 percent of the sales tax paid on such business
97	property or $5,000, or, if no less than 20 percent of the
98	employees of the business are residents of an enterprise zone,
99	excluding temporary and part-time employees, the amount refunded
100	on purchases of business property under this paragraph shall be
101	the lesser of 97 percent of the sales tax paid on such business
102	property or $10,000. A refund approved pursuant to this
103	paragraph shall be made within 30 days of formal approval by the
104	department of the application for the refund. No refund shall be
105	granted under this paragraph unless the amount to be refunded
106	exceeds $100 in sales tax paid on purchases made within a 60-day
107	time period.
108	6.  The department shall adopt rules governing the manner
109	and form of refund applications and may establish guidelines as
110	to the requisites for an affirmative showing of qualification
111	for exemption under this paragraph.
112	7.  If the department determines that the business property
113	is used outside an enterprise zone within 3 years from the date
114	of purchase, the amount of taxes refunded to the business
115	purchasing such business property shall immediately be due and
116	payable to the department by the business, together with the
117	appropriate interest and penalty, computed from the date of
118	purchase, in the manner provided by this chapter.
119	Notwithstanding this subparagraph, business property used
120	exclusively in:
121	a.  Licensed commercial fishing vessels,
122	b.  Fishing guide boats, or
123	c.  Ecotourism guide boats
124
125	that leave and return to a fixed location within an area
126	designated under s. 370.28 are eligible for the exemption
127	provided under this paragraph if all requirements of this
128	paragraph are met. Such vessels and boats must be owned by a
129	business that is eligible to receive the exemption provided
130	under this paragraph. This exemption does not apply to the
131	purchase of a vessel or boat.
132	8.  The department shall deduct an amount equal to 10
133	percent of each refund granted under the provisions of this
134	paragraph from the amount transferred into the Local Government
135	Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
136	for the county area in which the business property is located
137	and shall transfer that amount to the General Revenue Fund.
138	9.  For the purposes of this exemption, "business property"
139	means new or used property defined as "recovery property" in s.
140	168(c) of the Internal Revenue Code of 1954, as amended, except:
141	a.  Property classified as 3-year property under s.
142	168(c)(2)(A) of the Internal Revenue Code of 1954, as amended.;
143	b.  Industrial machinery and equipment as defined in sub-
144	subparagraph (b)6.a. and eligible for exemption under paragraph
145	(b).;
146	c.  Building materials as defined in sub-subparagraph
147	(g)8.a..; and
148	d.  Business property having a sales price of under $500
149	$5,000 per unit.
150	10.  The provisions of this paragraph shall expire and be
151	void on December 31, 2005.
152	(o)  Building materials in redevelopment projects.--
153	1.  As used in this paragraph, the term:
154	a.  "Building materials" means tangible personal property
155	that becomes a component part of a housing project or a mixed-
156	use project.
157	b.  "Housing project" means the conversion of an existing
158	manufacturing or industrial building to housing units in a
159	designated an urban job tax credit high-crime area, enterprise
160	zone, empowerment zone, Front Porch Community, designated
161	brownfield area, or urban infill area and in which the developer
162	agrees to set aside at least 20 percent of the housing units in
163	the project for low-income and moderate-income persons or the
164	construction in a designated brownfield area of affordable
165	housing for persons described in s. 420.0004(9), (10), or (14),
166	or in s. 159.603(7).
167	c.  "Mixed-use project" means the conversion of an existing
168	manufacturing or industrial building to mixed-use units that
169	include artists' studios, art and entertainment services, or
170	other compatible uses. A mixed-use project must be located in a
171	designated an urban job tax credit high-crime area, enterprise
172	zone, empowerment zone, Front Porch Community, designated
173	brownfield area, or urban infill area, and the developer must
174	agree to set aside at least 20 percent of the square footage of
175	the project for low-income and moderate-income housing.
176	d.  "Substantially completed" has the same meaning as
177	provided in s. 192.042(1).
178	2.  Building materials used in the construction of a
179	housing project or mixed-use project are exempt from the tax
180	imposed by this chapter upon an affirmative showing to the
181	satisfaction of the department that the requirements of this
182	paragraph have been met. This exemption inures to the owner
183	through a refund of previously paid taxes. To receive this
184	refund, the owner must file an application under oath with the
185	department which includes:
186	a.  The name and address of the owner.
187	b.  The address and assessment roll parcel number of the
188	project for which a refund is sought.
189	c.  A copy of the building permit issued for the project.
190	d.  A certification by the local building code inspector
191	that the project is substantially completed.
192	e.  A sworn statement, under penalty of perjury, from the
193	general contractor licensed in this state with whom the owner
194	contracted to construct the project, which statement lists the
195	building materials used in the construction of the project and
196	the actual cost thereof, and the amount of sales tax paid on
197	these materials. If a general contractor was not used, the owner
198	shall provide this information in a sworn statement, under
199	penalty of perjury. Copies of invoices evidencing payment of
200	sales tax must be attached to the sworn statement.
201	3.  An application for a refund under this paragraph must
202	be submitted to the department within 6 months after the date
203	the project is deemed to be substantially completed by the local
204	building code inspector. Within 30 working days after receipt of
205	the application, the department shall determine if it meets the
206	requirements of this paragraph. A refund approved pursuant to
207	this paragraph shall be made within 30 days after formal
208	approval of the application by the department. The provisions of
209	s. 212.095 do not apply to any refund application made under
210	this paragraph.
211	4.  The department shall establish by rule an application
212	form and criteria for establishing eligibility for exemption
213	under this paragraph.
214	5.  The exemption shall apply to purchases of materials on
215	or after July 1, 2005 2000.
216	Section 2.  Section 212.097, Florida Statutes, is amended
217	to read:
218	212.097  Designated Urban High-Crime Area Job Tax Credit
219	Area Program.--
220	(1)  As used in this section, the term:
221	(a)  "Eligible business" means any sole proprietorship,
222	firm, partnership, or corporation that is located in a
223	designated urban job tax credit area qualified county and is
224	predominantly engaged in, or is headquarters for a business
225	predominantly engaged in, activities usually provided for
226	consideration by firms classified within the following standard
227	industrial classifications: SIC 01-SIC 09 (agriculture,
228	forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52-
229	SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
230	storage); SIC 70 (hotels and other lodging places); SIC 7391
231	(research and development); SIC 781 (motion picture production
232	and allied services); SIC 7992 (public golf courses); and SIC
233	7996 (amusement parks); and a targeted industry eligible for the
234	qualified target industry business tax refund under s. 288.106.
235	A call center or similar customer service operation that
236	services a multistate market or international market is also an
237	eligible business. In addition, the Office of Tourism, Trade,
238	and Economic Development may, as part of its final budget
239	request submitted pursuant to s. 216.023, recommend additions to
240	or deletions from the list of standard industrial
241	classifications used to determine an eligible business, and the
242	Legislature may implement such recommendations. Excluded from
243	eligible receipts are receipts from retail sales, except such
244	receipts for SIC 52-SIC 57 and SIC 59 (retail) hotels and other
245	lodging places classified in SIC 70, public golf courses in SIC
246	7992, and amusement parks in SIC 7996. For purposes of this
247	paragraph, the term "predominantly" means that more than 50
248	percent of the business's gross receipts from all sources is
249	generated by those activities usually provided for consideration
250	by firms in the specified standard industrial classification.
251	The determination of whether the business is located in a
252	designated urban job tax credit qualified high-crime area and
253	the tier ranking of that area must be based on the date of
254	application for the credit under this section. Commonly owned
255	and controlled entities are to be considered a single business
256	entity.
257	(b)  "Qualified employee" means any employee of an eligible
258	business who performs duties in connection with the operations
259	of the business on a regular, full-time basis for an average of
260	at least 36 hours per week for at least 3 months within the
261	designated urban job tax credit qualified high-crime area in
262	which the eligible business is located. An owner or partner of
263	the eligible business is not a qualified employee. The term also
264	includes an employee leased from an employee leasing company
265	licensed under chapter 468, if such employee has been
266	continuously leased to the employer for an average of at least
267	36 hours per week for more than 6 months.
268	(c)  "New business" means any eligible business first
269	beginning operation on a site in a designated urban job tax
270	credit qualified high-crime area and clearly separate from any
271	other commercial or business operation of the business entity
272	within a designated urban job tax credit qualified high-crime
273	area. A business entity that operated an eligible business
274	within a designated urban job tax credit qualified high-crime
275	area within the 48 months before the period provided for
276	application by subsection (2) is not considered a new business.
277	(d)  "Existing business" means any eligible business that
278	does not meet the criteria for a new business.
279	(e)  "Designated urban job tax credit Qualified high-crime
280	area" means an area selected by the Office of Tourism, Trade,
281	and Economic Development in the following manner: every third
282	year, the office shall rank and tier those areas nominated under
283	subsection (7), according to the highest level of distress
284	experienced in the categories enumerated under subsection (7).
285	The Office of Tourism, Trade, and Economic Development shall
286	designate the 30 highest-distress-profile urban areas as
287	eligible participants under the Designated Urban Job Tax Credit
288	Area Program. following prioritized criteria:
289	1.  Highest arrest rates within the geographic area for
290	violent crime and for such other crimes as drug sale, drug
291	possession, prostitution, vandalism, and civil disturbances;
292	2.  Highest reported crime volume and rate of specific
293	property crimes such as business and residential burglary, motor
294	vehicle theft, and vandalism;
295	3.  Highest percentage of reported index crimes that are
296	violent in nature;
297	4.  Highest overall index crime volume for the area; and
298	5.  Highest overall index crime rate for the geographic
299	area.
300
301	Tier-one areas are ranked 1 through 5 and represent the highest
302	crime areas according to this ranking. Tier-two areas are ranked
303	6 through 10 according to this ranking. Tier-three areas are
304	ranked 11 through 15. Notwithstanding this definition,
305	"designated urban job tax credit qualified high-crime area" also
306	means an area that has been designated as a federal Empowerment
307	Zone pursuant to the Taxpayer Relief Act of 1997 or the
308	Community Tax Relief Act of 2000. Such a designated area is
309	ranked in tier three until the areas are reevaluated by the
310	Office of Tourism, Trade, and Economic Development.
311	(f)  "Central business district" means an area comprised of
312	at least 80 percent commercial and government buildings and
313	properties that is characterized by a high concentration of
314	retail businesses, service businesses, offices, theaters, and
315	hotels and is located in a Department of Transportation urban
316	service area.
317	(g)  "Urban" means a densely populated nonrural area
318	located within an urban county that consists of a cluster of one
319	or more census blocks, each of which has a population density of
320	at least 400 people per square mile, or an area defined as urban
321	by the most recent United States Census.
322	(2)  A new eligible business may apply for a tax credit
323	under this subsection once at any time during its first year of
324	operation. A new eligible business in a designated urban job tax
325	credit tier-one qualified high-crime area which has at least 10
326	qualified employees on the date of application shall receive a
327	$1,500 tax credit for each such employee. A new eligible
328	business in a tier-two qualified high-crime area which has at
329	least 20 qualified employees on the date of application shall
330	receive a $1,000 tax credit for each such employee. A new
331	eligible business in a tier-three qualified high-crime area
332	which has at least 30 qualified employees on the date of
333	application shall receive a $500 tax credit for each such
334	employee.
335	(3)  An existing eligible business may apply for a tax
336	credit under this subsection at any time it is entitled to such
337	credit, except as restricted by this subsection. An existing
338	eligible business in a designated urban job tax credit tier-one
339	qualified high-crime area which on the date of application has
340	at least 5 more qualified employees than it had 1 year prior to
341	its date of application shall receive a $1,500 tax credit for
342	each such additional employee. An existing eligible business in
343	a tier-two qualified high-crime area which on the date of
344	application has at least 10 more qualified employees than it had
345	1 year prior to its date of application shall receive a $1,000
346	credit for each such additional employee. An existing business
347	in a tier-three qualified high-crime area which on the date of
348	application has at least 15 more qualified employees than it had
349	1 year prior to its date of application shall receive a $500 tax
350	credit for each such additional employee. An existing eligible
351	business may apply for the credit under this subsection no more
352	than once in any 12-month period. Any existing eligible business
353	that received a credit under subsection (2) may not apply for
354	the credit under this subsection sooner than 12 months after the
355	application date for the credit under subsection (2).
356	(4)  For any new eligible business receiving a credit
357	pursuant to subsection (2), an additional $500 credit shall be
358	provided for any qualified employee who is a welfare transition
359	program participant. For any existing eligible business
360	receiving a credit pursuant to subsection (3), an additional
361	$500 credit shall be provided for any qualified employee who is
362	a welfare transition program participant. Such employee must be
363	employed on the application date and have been employed less
364	than 1 year. This credit shall be in addition to other credits
365	pursuant to this section regardless of the tier-level of the
366	high-crime area. Appropriate documentation concerning the
367	eligibility of an employee for this credit must be submitted as
368	determined by the department.
369	(5)  To be eligible for a tax credit under subsection (3),
370	the number of qualified employees employed 1 year prior to the
371	application date must be no lower than the number of qualified
372	employees on the application date on which a credit under this
373	section was based for any previous application, including an
374	application under subsection (2).
375	(6)  Any county or municipality, or a county and one or
376	more municipalities together, may apply to the Office of
377	Tourism, Trade, and Economic Development for the designation of
378	an area as a designated urban job tax credit high-crime area
379	after the adoption by the governing body or bodies of a
380	resolution that:
381	(a)  Finds that an urban a high-crime area exists in such
382	county or municipality, or in both the county and one or more
383	municipalities, which chronically exhibits extreme and
384	unacceptable levels of poverty, unemployment, physical
385	deterioration, and economic disinvestment.;
386	(b)  Determines that the rehabilitation, conservation, or
387	redevelopment, or a combination thereof, of such an urban a
388	high-crime area is necessary in the interest of the health,
389	safety, and welfare of the residents of such county or
390	municipality, or such county and one or more municipalities.;
391	and
392	(c)  Determines that the revitalization of such an urban a
393	high-crime area can occur if the public sector or private sector
394	can be induced to invest its own resources in productive
395	enterprises that build or rebuild the economic viability of the
396	area.
397	(7)  The governing body of the entity nominating the area
398	shall demonstrate provide to the Office of Tourism, Trade, and
399	Economic Development that the area meets the following:
400	(a)  Income characteristics:
401	1.  Forty percent of area residents are earning wages on an
402	annual basis that are equal to or less than the annual wage of a
403	person who is earning minimum wage; or
404	2.  More than 20 percent of residents or families live
405	below the federal standard of poverty for individuals or a
406	family of four. The overall index crime rate for the geographic
407	area;
408	(b)  Education characteristics:
409	1.  Has a high school dropout rate higher than the county
410	average; or
411	2.  Has a high school graduation rate lower than the state
412	average. The overall index crime volume for the area;
413	(c)  Workforce and employment characteristics:
414	1.  Has an unemployment rate at least 3 percentage points
415	higher than the state's unemployment rate;
416	2.  More than 50 percent of families subject to the
417	welfare-to-work transition time limit are either within 6 months
418	of the time limit or are receiving cash assistance under a
419	period of hardship extension to the time limit; or
420	3.  Is identified as a labor surplus area using the
421	criteria established by the United States Department of Labor's
422	Employment and Training Administration. The percentage of
423	reported index crimes that are violent in nature;
424	(d)  Crime characteristics:
425	1.  Has an arrest rate higher than the state's average rate
426	for such crimes as drug sale, drug possession, prostitution,
427	vandalism, and civil disturbances, as recorded by the total
428	crime index of the Department of Law Enforcement; or
429	2.  Ranks in the top 30 percent of zip codes with reported
430	crimes that are violent in nature. The reported crime volume and
431	rate of specific property crimes such as business and
432	residential burglary, motor vehicle theft, and vandalism; and
433	(e)  Residential and commercial property-related
434	characteristics:
435	1.  Fifty percent or more of area residents rent; or
436	2.a.  Property values are within the lower 50 percent of
437	the county's assessed property values;
438	b.  More than 5 percent of area homes, apartments, or
439	buildings are abandoned, have been condemned within the previous
440	24 months, or have a greater number of violations of the Florida
441	Building Code than recorded in the remainder of the county or
442	municipality; or
443	c.  Tax or special assessment delinquencies exceed the fair
444	value of the land The arrest rates within the geographic area
445	for violent crime and for such other crimes as drug sale, drug
446	possession, prostitution, disorderly conduct, vandalism, and
447	other public-order offenses.
448	(8)  A municipality, or a county and one or more
449	municipalities together, may not nominate more than one urban
450	high-crime area. However, any county as defined by s. 125.011(1)
451	may nominate no more than three urban high-crime areas.
452	(9)(a)  An area nominated by a county or municipality, or a
453	county and one or more municipalities together, for designation
454	as a designated urban job tax credit high-crime area shall be
455	eligible only if it meets the following criteria:
456	1.(a)  The selected area does not exceed 20 square miles
457	and either has a continuous boundary or consists of not more
458	than three noncontiguous parcels;
459	2.(b)  The selected area does not exceed the following
460	mileage limitation:
461	a.1.  For areas communities having a total population of
462	150,000 persons or more, the selected area does not exceed 20
463	square miles and is within 10 miles of the central business
464	district of a city.
465	b.2.  For areas communities having a total population of
466	50,000 persons or more, but fewer than 150,000 persons, the
467	selected area does not exceed 10 square miles and is within 7.5
468	miles of the central business district of a city.
469	c.3.  For areas communities having a total population of
470	20,000 persons or more, but fewer than 50,000 persons, the
471	selected area does not exceed 5 square miles and is within 5
472	miles of the central business district of a city.
473	d.4.  For areas communities having a total population of
474	fewer than 20,000 persons, the selected area does not exceed 3
475	square miles and is within 3 miles of the central business
476	district of a city.
477	(b)  A designated urban job tax credit area may not include
478	any portion of a central business district, unless the poverty
479	rate for each census geographic block group in the district is
480	not less than 30 percent.
481	(10)(a)  In order to claim this credit, an eligible
482	business must file under oath with the Office of Tourism, Trade,
483	and Economic Development a statement that includes the name and
484	address of the eligible business and any other information that
485	is required to process the application.
486	(b)  Within 30 working days after receipt of an application
487	for credit, the Office of Tourism, Trade, and Economic
488	Development shall review the application to determine whether it
489	contains all the information required by this subsection and
490	meets the criteria set out in this section. Subject to the
491	provisions of paragraph (c), the Office of Tourism, Trade, and
492	Economic Development shall approve all applications that contain
493	the information required by this subsection and meet the
494	criteria set out in this section as eligible to receive a
495	credit.
496	(c)  The maximum credit amount that may be approved during
497	any calendar year is $5 million, of which $1 million shall be
498	exclusively reserved for tier-one areas. The Department of
499	Revenue, in conjunction with the Office of Tourism, Trade, and
500	Economic Development, shall notify the governing bodies in areas
501	designated under this section as urban high-crime areas when the
502	$5 million maximum amount has been reached. Applications must be
503	considered for approval in the order in which they are received
504	without regard to whether the credit is for a new or existing
505	business. This limitation applies to the value of the credit as
506	contained in approved applications. Approved credits may be
507	taken in the time and manner allowed pursuant to this section.
508	(11)  If the application is insufficient to support the
509	credit authorized in this section, the Office of Tourism, Trade,
510	and Economic Development shall deny the credit and notify the
511	business of that fact. The business may reapply for this credit
512	within 3 months after such notification.
513	(12)  If the credit under this section is greater than can
514	be taken on a single tax return, excess amounts may be taken as
515	credits on any tax return submitted within 12 months after the
516	approval of the application by the department.
517	(13)  It is the responsibility of each business to
518	affirmatively demonstrate to the satisfaction of the Department
519	of Revenue that it meets the requirements of this section.
520	(14)  Any person who fraudulently claims this credit is
521	liable for repayment of the credit plus a mandatory penalty of
522	100 percent of the credit and is guilty of a misdemeanor of the
523	second degree, punishable as provided in s. 775.082 or s.
524	775.083.
525	(15)  A corporation may take the credit under this section
526	against its corporate income tax liability, as provided in s.
527	220.1895. However, a corporation that applies its job tax credit
528	against the tax imposed by chapter 220 may not receive the
529	credit provided for in this section. A credit may be taken
530	against only one tax.
531	(16)  An eligible business may transfer any unused credit
532	in whole or in units of no less than 25 percent of the remaining
533	credit. The entity acquiring such credit may use it in the same
534	manner and with the same limitation as described in this
535	section. Such transferred credits may not be transferred again
536	although they may succeed to a surviving or acquiring entity
537	subject to the same conditions and limitations described in this
538	section.
539	(17)(16)  The department shall adopt rules governing the
540	manner and form of applications for credit or transfers of
541	credit and may establish guidelines concerning the requisites
542	for an affirmative showing of qualification for the credit under
543	this section.
544	Section 3.  Subsection (12) of section 212.098, Florida
545	Statutes, is renumbered as subsection (13) and a new subsection
546	(12) is added to said section to read:
547	212.098  Rural Job Tax Credit Program.--
548	(12)  An eligible business may transfer any unused credit
549	in whole or in units of not less than 25 percent of the
550	remaining credit. The entity acquiring such credit may use it in
551	the same manner and with the same limitation as described in
552	this section. Such transferred credits may not be transferred
553	again although they may succeed to a surviving or acquiring
554	entity subject to the same conditions and limitations described
555	in this section.
556	Section 4.  Section 220.1895, Florida Statutes, is amended
557	to read:
558	220.1895  Rural Job Tax Credit and Designated Urban High-
559	Crime Area Job Tax Credit.--There shall be allowed a credit
560	against the tax imposed by this chapter amounts approved by the
561	Office of Tourism, Trade, and Economic Development pursuant to
562	the Rural Job Tax Credit Program in s. 212.098 and the
563	Designated Urban High-Crime Area Job Tax Credit Area Program in
564	s. 212.097. A corporation that uses its credit against the tax
565	imposed by this chapter may not take the credit against the tax
566	imposed by chapter 212. If any credit granted under this section
567	is not fully used in the first year for which it becomes
568	available, the unused amount may be carried forward for a period
569	not to exceed 5 years. The carryover may be used in a subsequent
570	year when the tax imposed by this chapter for such year exceeds
571	the credit for such year under this section after applying the
572	other credits and unused credit carryovers in the order provided
573	in s. 220.02(8). The Office of Tourism, Trade, and Economic
574	Development shall conduct a review of the Designated Urban High-
575	Crime Area Job Tax Credit Area Program and the Rural Job Tax
576	Credit Program and submit its report to the Governor, the
577	President of the Senate, and the Speaker of the House of
578	Representatives by February 1, 2000.
579	Section 5.  Subsection (2) of section 288.99, Florida
580	Statutes, is amended to read:
581	288.99  Certified Capital Company Act.--
582	(2)  PURPOSE.--The primary purpose of this act is to
583	stimulate a substantial increase in venture capital investments
584	in this state by providing an incentive for insurance companies
585	to invest in certified capital companies in this state which, in
586	turn, will make investments in new businesses or in expanding
587	businesses, including minority-owned or minority-operated
588	businesses and businesses located in a designated Front Porch
589	community, enterprise zone, designated urban job tax credit
590	high-crime area, rural job tax credit county, or nationally
591	recognized historic district. The increase in investment capital
592	flowing into new or expanding businesses is intended to
593	contribute to employment growth, create jobs which exceed the
594	average wage for the county in which the jobs are created, and
595	expand or diversify the economic base of this state.
596	Section 6.  Subsection (9) is added to section 290.007,
597	Florida Statutes, to read:
598	290.007  State incentives available in enterprise
599	zones.--The following incentives are provided by the state to
600	encourage the revitalization of enterprise zones:
601	(9)  An eligible business may transfer any unused credit in
602	whole or in units of no less than 25 percent of the remaining
603	credit. The entity acquiring such credit may use the credit in
604	the same manner and with the same limitation as described in ss.
605	212.096 and 220.181. Such transferred credits may not be
606	transferred again but may succeed to a surviving or acquiring
607	entity subject to the same conditions and limitations described
608	in this section.
609	Section 7.  (1)  Notwithstanding any provision of ss.
610	290.001-290.016, Florida Statutes, the Office of Tourism, Trade,
611	and Economic Development may approve any request to amend the
612	boundaries of an enterprise zone created or recertified after
613	September 1, 2005. Boundary amendments authorized pursuant to
614	this subsection are subject to the following requirements:
615	(a)  The amendment shall not increase the overall size of
616	the zone beyond 20 square miles.
617	(b)  The amendment shall be consistent with the rationale
618	for the establishment of the enterprise zone as provided in s.
619	290.0058.
620	(c)  The local enterprise zone development agency shall
621	request the amendment from the Office of Tourism, Trade, and
622	Economic Development. The request must contain maps and
623	sufficient information to allow the office to determine the
624	number of noncontiguous areas and the total enterprise zone
625	size. The request must also contain the justification for
626	changing the existing enterprise zone boundaries.
627	(d)  The office shall have 30 days to review and act upon
628	the boundary amendment request.
629	(2)  All enterprise zones existing as of December 31, 2004,
630	may submit a letter requesting recertification of the existing
631	enterprise zone to the Office of Tourism, Trade, and Economic
632	Development by September 1, 2005. No reasonable request for
633	recertification shall be denied. Such request shall include:
634	(a)  A description of the progress made within the zone as
635	measured against the existing strategic plan.
636	(b)  A map of the zone.
637	(c)  A statement of the goals for the next calendar year,
638	including, but not limited to, the number of new jobs, housing
639	starts, infrastructure projects, and new capital investment.
640	(d)  A narrative description of the zone with address
641	ranges.
642	Section 8.  Section 290.016, Florida Statutes, is amended
643	to read:
644	290.016  Repeal.--Sections 290.001-290.015 shall stand
645	repealed on December 31, 2015 2005.
646	Section 9.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.