| 1 | A bill to be entitled |
| 2 | An act relating to super enterprise zones; amending s. |
| 3 | 212.02, F.S.; providing a definition; providing for future |
| 4 | repeal; amending s. 212.08, F.S.; exempting certain |
| 5 | property purchased for use or consumption by businesses in |
| 6 | a super enterprise zone and retail sales by certified |
| 7 | businesses in a super enterprise zone; providing an |
| 8 | exception; specifying time periods for application of the |
| 9 | exemptions for certain businesses; providing for future |
| 10 | repeal; amending s. 290.0056, F.S.; providing additional |
| 11 | responsibilities of an enterprise zone development agency |
| 12 | relating to super enterprise zones; requiring an economic |
| 13 | impact report; providing for future repeal; amending s. |
| 14 | 290.0057, F.S.; applying requirements for an enterprise |
| 15 | zone development plan to super enterprise zones; providing |
| 16 | for future deletion of application; creating s. 290.00681, |
| 17 | F.S.; authorizing the Office of Tourism, Trade, and |
| 18 | Economic Development to designate certain areas as super |
| 19 | enterprise zones for a certain time period; providing |
| 20 | qualification and eligibility criteria; providing |
| 21 | application requirements; providing for future repeal and |
| 22 | revocation of designations; creating s. 290.00682, F.S.; |
| 23 | providing requirements for qualification as a certified |
| 24 | business for sales tax exemption purposes; authorizing a |
| 25 | local enterprise zone development agency to certify |
| 26 | businesses; requiring the agency to provide lists of |
| 27 | certified businesses; providing for disqualifying |
| 28 | certified businesses under certain circumstances; |
| 29 | providing for future repeal and revocation of |
| 30 | certifications; amending s. 290.007, F.S.; specifying |
| 31 | incentives for revitalization of super enterprise zones; |
| 32 | providing for future deletion of such incentives; |
| 33 | requiring interim and final reviews of super enterprise |
| 34 | zones by the Office of Program Policy Analysis and |
| 35 | Government Accountability; providing review of criteria; |
| 36 | requiring reports to the Legislature; providing effective |
| 37 | dates. |
| 38 |
|
| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
|
| 41 | Section 1. Subsection (34) is added to section 212.02, |
| 42 | Florida Statutes, to read: |
| 43 | 212.02 Definitions.--The following terms and phrases when |
| 44 | used in this chapter have the meanings ascribed to them in this |
| 45 | section, except where the context clearly indicates a different |
| 46 | meaning: |
| 47 | (34) "Certified business" means a business located in a |
| 48 | super enterprise zone that is certified under s. 290.00682. This |
| 49 | subsection is repealed June, 30, 2020. |
| 50 | Section 2. Subsection (19) is added to section 212.08, |
| 51 | Florida Statutes, to read: |
| 52 | 212.08 Sales, rental, use, consumption, distribution, and |
| 53 | storage tax; specified exemptions.--The sale at retail, the |
| 54 | rental, the use, the consumption, the distribution, and the |
| 55 | storage to be used or consumed in this state of the following |
| 56 | are hereby specifically exempt from the tax imposed by this |
| 57 | chapter. |
| 58 | (19) EXEMPTIONS; SUPER ENTERPRISE ZONES.-- |
| 59 | (a) The tax imposed by this chapter under ss. 212.05 and |
| 60 | 212.055 does not apply to: |
| 61 | 1. Tangible personal property purchased by certified |
| 62 | businesses for the exclusive use or consumption of such |
| 63 | businesses within a super enterprise zone; or |
| 64 | 2. Retail sales made by a certified business from a place |
| 65 | of business owned or leased and regularly operated by the |
| 66 | business for the purpose of making retail sales and located in a |
| 67 | designated super enterprise zone. The exemption provided by this |
| 68 | subparagraph does not apply to the retail sale of any item with |
| 69 | a price greater than $1,000. To qualify for the exemption under |
| 70 | this subparagraph, the sale must be made at the location of the |
| 71 | business; however, the item may be shipped to any location. |
| 72 | (b) Notwithstanding paragraph (a), a new business |
| 73 | established in a super enterprise zone and certified on or after |
| 74 | July 1, 2008, pursuant to s. 290.00682 is eligible for the |
| 75 | exemptions provided under this subsection for a period not to |
| 76 | exceed 10 years immediately following such certification. For an |
| 77 | existing business located in a super enterprise zone and |
| 78 | certified on or after July 1, 2008, the exemptions provided |
| 79 | under this subsection shall be available for a period not to |
| 80 | exceed 5 years, beginning in the year in which the business |
| 81 | receives its initial certification and continuing for up to 5 |
| 82 | years immediately following such certification. |
| 83 | (c) This subsection is repealed June 30, 2020. |
| 84 | Section 3. Paragraph (i) is added to subsection (8) of |
| 85 | section 290.0056, Florida Statutes, paragraph (f) of subsection |
| 86 | (11) of that section is redesignated as paragraph (g), and a new |
| 87 | paragraph (f) is added to that subsection, to read: |
| 88 | 290.0056 Enterprise zone development agency.-- |
| 89 | (8) The enterprise zone development agency shall have the |
| 90 | following powers and responsibilities: |
| 91 | (i)1. To recommend and submit an application to the office |
| 92 | for the designation of a super enterprise zone. |
| 93 | 2. To coordinate with the local governmental entity for |
| 94 | the exemptions from the sales and use tax provided under s. |
| 95 | 212.08(19). |
| 96 |
|
| 97 | This paragraph is repealed June 30, 2020. |
| 98 | (11) Prior to December 1 of each year, the agency shall |
| 99 | submit to the Office of Tourism, Trade, and Economic Development |
| 100 | a complete and detailed written report setting forth: |
| 101 | (f) The economic impact of a super enterprise zone, if |
| 102 | applicable, including: |
| 103 | 1. A list of certified businesses and whether the business |
| 104 | is new or where the business relocated from. |
| 105 | 2. The number of jobs created. |
| 106 | 3. The percentage of employees employed by certified |
| 107 | businesses who reside in the super enterprise zone or in an |
| 108 | enterprise zone within the same county. |
| 109 | 4. The extent of capital investment by certified |
| 110 | businesses within the zone. |
| 111 | 5. The success of the super enterprise zone as measured by |
| 112 | the strategic plan and methods identified in s. 290.0057(1)(i). |
| 113 |
|
| 114 | This paragraph is repealed June 30, 2020. |
| 115 | Section 4. Subsection (1) of section 290.0057, Florida |
| 116 | Statutes, is amended to read: |
| 117 | 290.0057 Enterprise zone development plan.-- |
| 118 | (1) Any application for designation as a new enterprise |
| 119 | zone or super enterprise zone must be accompanied by a strategic |
| 120 | plan adopted by the governing body of the municipality or |
| 121 | county, or the governing bodies of the county and one or more |
| 122 | municipalities together. At a minimum, the plan must: |
| 123 | (a) Briefly describe the community's goals for |
| 124 | revitalizing the area. |
| 125 | (b) Describe the ways in which the community's approaches |
| 126 | to economic development, social and human services, |
| 127 | transportation, housing, community development, public safety, |
| 128 | and educational and environmental concerns will be addressed in |
| 129 | a coordinated fashion, and explain how these linkages support |
| 130 | the community's goals. |
| 131 | (c) Identify and describe key community goals and the |
| 132 | barriers that restrict the community from achieving these goals, |
| 133 | including a description of poverty and general distress, |
| 134 | barriers to economic opportunity and development, and barriers |
| 135 | to human development. |
| 136 | (d) Describe the process by which the affected community |
| 137 | is a full partner in the process of developing and implementing |
| 138 | the plan and the extent to which local institutions and |
| 139 | organizations have contributed to the planning process. |
| 140 | (e) Commit the governing body or bodies to enact and |
| 141 | maintain local fiscal and regulatory incentives, if approval for |
| 142 | the area is received under s. 290.0065. These incentives may |
| 143 | include the municipal public service tax exemption provided by |
| 144 | s. 166.231, the economic development ad valorem tax exemption |
| 145 | provided by s. 196.1995, the occupational license tax exemption |
| 146 | provided by s. 205.054, local impact fee abatement or reduction, |
| 147 | or low-interest or interest-free loans or grants to businesses |
| 148 | to encourage the revitalization of the nominated area. |
| 149 | (f) Identify the amount of local and private resources |
| 150 | that will be available in the nominated area and the |
| 151 | private/public partnerships to be used, which may include |
| 152 | participation by, and cooperation with, universities, community |
| 153 | colleges, small business development centers, black business |
| 154 | investment corporations, certified development corporations, and |
| 155 | other private and public entities. |
| 156 | (g) Indicate how state enterprise zone tax incentives and |
| 157 | state, local, and federal resources will be utilized within the |
| 158 | nominated area. |
| 159 | (h) Identify the funding requested under any state or |
| 160 | federal program in support of the proposed economic, human, |
| 161 | community, and physical development and related activities. |
| 162 | (i) Identify baselines, methods, and benchmarks for |
| 163 | measuring the success of carrying out the strategic plan. |
| 164 | Section 5. Effective July 1, 2020, subsection (1) of |
| 165 | section 290.0057, Florida Statutes, as amended by this act, is |
| 166 | amended to read: |
| 167 | 290.0057 Enterprise zone development plan.-- |
| 168 | (1) Any application for designation as a new enterprise |
| 169 | zone or super enterprise zone must be accompanied by a strategic |
| 170 | plan adopted by the governing body of the municipality or |
| 171 | county, or the governing bodies of the county and one or more |
| 172 | municipalities together. At a minimum, the plan must: |
| 173 | (a) Briefly describe the community's goals for |
| 174 | revitalizing the area. |
| 175 | (b) Describe the ways in which the community's approaches |
| 176 | to economic development, social and human services, |
| 177 | transportation, housing, community development, public safety, |
| 178 | and educational and environmental concerns will be addressed in |
| 179 | a coordinated fashion, and explain how these linkages support |
| 180 | the community's goals. |
| 181 | (c) Identify and describe key community goals and the |
| 182 | barriers that restrict the community from achieving these goals, |
| 183 | including a description of poverty and general distress, |
| 184 | barriers to economic opportunity and development, and barriers |
| 185 | to human development. |
| 186 | (d) Describe the process by which the affected community |
| 187 | is a full partner in the process of developing and implementing |
| 188 | the plan and the extent to which local institutions and |
| 189 | organizations have contributed to the planning process. |
| 190 | (e) Commit the governing body or bodies to enact and |
| 191 | maintain local fiscal and regulatory incentives, if approval for |
| 192 | the area is received under s. 290.0065. These incentives may |
| 193 | include the municipal public service tax exemption provided by |
| 194 | s. 166.231, the economic development ad valorem tax exemption |
| 195 | provided by s. 196.1995, the occupational license tax exemption |
| 196 | provided by s. 205.054, local impact fee abatement or reduction, |
| 197 | or low-interest or interest-free loans or grants to businesses |
| 198 | to encourage the revitalization of the nominated area. |
| 199 | (f) Identify the amount of local and private resources |
| 200 | that will be available in the nominated area and the |
| 201 | private/public partnerships to be used, which may include |
| 202 | participation by, and cooperation with, universities, community |
| 203 | colleges, small business development centers, black business |
| 204 | investment corporations, certified development corporations, and |
| 205 | other private and public entities. |
| 206 | (g) Indicate how state enterprise zone tax incentives and |
| 207 | state, local, and federal resources will be utilized within the |
| 208 | nominated area. |
| 209 | (h) Identify the funding requested under any state or |
| 210 | federal program in support of the proposed economic, human, |
| 211 | community, and physical development and related activities. |
| 212 | (i) Identify baselines, methods, and benchmarks for |
| 213 | measuring the success of carrying out the strategic plan. |
| 214 | Section 6. Sections 290.00681 and 290.00682, Florida |
| 215 | Statutes, are created to read: |
| 216 | 290.00681 Super enterprise zones; designation; |
| 217 | eligibility.-- |
| 218 | (1) The office may designate up to five areas in the state |
| 219 | as super enterprise zones for a 10-year period. To qualify as a |
| 220 | super enterprise zone an area shall: |
| 221 | (a) Be located in an enterprise zone and be no larger than |
| 222 | 3 contiguous square miles. |
| 223 | (b) Have an average unemployment rate four times greater |
| 224 | than the state average. |
| 225 | (c) Have a minimum of 40 percent of residents living below |
| 226 | poverty level. |
| 227 | (d) Have general distress of business and residential |
| 228 | property such that the local governing body by resolution has |
| 229 | determined that the buildings are substandard, unsafe, |
| 230 | unsanitary, dilapidated, or obsolete, or any combination of such |
| 231 | conditions, and are detrimental to the safety, health, and |
| 232 | welfare of the community. |
| 233 | (e) Demonstrate evidence of significant job loss or |
| 234 | dislocation in the area. |
| 235 | (2) When determining eligibility for a super enterprise |
| 236 | zone, the office shall consider the following criteria: |
| 237 | (a) Priority to applications that include new business |
| 238 | activity. |
| 239 | (b) Evidence of adverse economic and socioeconomic |
| 240 | conditions in that area. |
| 241 | (c) The viability of the development plan. |
| 242 | (d) Whether the development plan is creative and |
| 243 | innovative. |
| 244 | (e) Public and private commitment to and other resources |
| 245 | available for the proposed super enterprise zone. |
| 246 | (f) How a super enterprise tax-free zone would relate to a |
| 247 | broader plan for the community as a whole. |
| 248 | (g) The level of demonstrated cooperation from surrounding |
| 249 | communities. |
| 250 | (h) How the local regulatory burden will be eased for |
| 251 | businesses operating in the proposed super enterprise zone. |
| 252 | (i) Public and private commitment to improving abandoned |
| 253 | real property. |
| 254 | (j) Whether sufficient infrastructure is available to |
| 255 | support development. |
| 256 | (3) Any application for designation as a super enterprise |
| 257 | zone must: |
| 258 | (a) Briefly describe the community's goals for |
| 259 | revitalizing the area and include a development plan. |
| 260 | (b) Describe the ways in which the community's approach to |
| 261 | economic development, social and human services, transportation, |
| 262 | housing, community development, public safety, and educational |
| 263 | and environmental concerns will be addressed in a coordinated |
| 264 | fashion and explain how these linkages support the community's |
| 265 | goals. |
| 266 | (c) Identify and describe key community goals and the |
| 267 | barriers that restrict the community from achieving these goals. |
| 268 | (d) Identify the amount of local and private support and |
| 269 | resources that will be available. |
| 270 | (e) Identify baselines, methods, and benchmarks for |
| 271 | measuring success. |
| 272 | (f) Include written approval from any associated county |
| 273 | office and mayor's office. |
| 274 | (4) This section is repealed June 30, 2020, and any |
| 275 | designation made pursuant to this section shall be revoked on |
| 276 | that date. |
| 277 | 290.00682 Super enterprise zones; business |
| 278 | certification.-- |
| 279 | (1) A certified business is eligible for the tax |
| 280 | exemptions provided in s. 212.08(19). To qualify as a certified |
| 281 | business, receive an exemption certificate, and continue to |
| 282 | receive the tax exemptions provided in s. 212.08(19), a business |
| 283 | must: |
| 284 | (a) File an application for certification with the local |
| 285 | enterprise zone development agency. The application shall be |
| 286 | filed no later than September 1 preceding the calendar year for |
| 287 | which the business is seeking an exemption. |
| 288 | (b) Operate and be primarily located within a designated |
| 289 | super enterprise zone. |
| 290 | (c) Create new employment within the super enterprise zone |
| 291 | while not causing unemployment elsewhere in the state. |
| 292 | (d) Have no outstanding federal or state tax obligations. |
| 293 | (e) Demonstrate that no less than 20 percent of its |
| 294 | employees are residents of the designated super enterprise zone |
| 295 | or an enterprise zone located within the same county. The |
| 296 | employment requirement may be waived by the local enterprise |
| 297 | zone development agency for good cause. |
| 298 | (2) A local enterprise zone development agency may certify |
| 299 | a business as eligible for the exemptions under s. 212.08(19) |
| 300 | annually if the business meets the requirements in subsection |
| 301 | (1). Each local enterprise zone development agency shall |
| 302 | annually provide the local governmental entity, the office, and |
| 303 | the Department of Revenue with a list of new and existing |
| 304 | certified businesses. The Department of Revenue shall annually |
| 305 | issue a tax exemption certificate to each business holding an |
| 306 | exemption certificate issued by the local enterprise zone |
| 307 | development agency. The certificate shall be good for one |
| 308 | calendar year. |
| 309 | (3) A local enterprise zone development agency or the |
| 310 | Department of Revenue may disqualify a certified business at any |
| 311 | time if the business fails to meet the requirements of |
| 312 | subsection (1). A business that makes a fraudulent claim under |
| 313 | this section shall be liable for the payment of the tax due, |
| 314 | together with the penalties set forth in s. 212.085, and as |
| 315 | otherwise provided by law. |
| 316 | (4) This section is repealed June 30, 2020, and any |
| 317 | certification made pursuant to this section shall be revoked on |
| 318 | that date. |
| 319 | Section 7. Section 290.007, Florida Statutes, is amended |
| 320 | to read: |
| 321 | 290.007 State incentives available in enterprise zones and |
| 322 | super enterprise zones.-- |
| 323 | (1) The following incentives are provided by the state to |
| 324 | encourage the revitalization of enterprise zones: |
| 325 | (a)(1) The enterprise zone jobs credit provided in s. |
| 326 | 220.181. |
| 327 | (b)(2) The enterprise zone property tax credit provided in |
| 328 | s. 220.182. |
| 329 | (c)(3) The community contribution tax credits provided in |
| 330 | ss. 212.08, 220.183, and 624.5105. |
| 331 | (d)(4) The sales tax exemption for building materials used |
| 332 | in the rehabilitation of real property in enterprise zones |
| 333 | provided in s. 212.08(5)(g). |
| 334 | (e)(5) The sales tax exemption for business equipment used |
| 335 | in an enterprise zone provided in s. 212.08(5)(h). |
| 336 | (f)(6) The sales tax exemption for electrical energy used |
| 337 | in an enterprise zone provided in s. 212.08(15). |
| 338 | (g)(7) The enterprise zone jobs credit against the sales |
| 339 | tax provided in s. 212.096. |
| 340 | (h)(8) Notwithstanding any law to the contrary, the Public |
| 341 | Service Commission may allow public utilities and |
| 342 | telecommunications companies to grant discounts of up to 50 |
| 343 | percent on tariffed rates for services to small businesses |
| 344 | located in an enterprise zone designated pursuant to s. |
| 345 | 290.0065. Such discounts may be granted for a period not to |
| 346 | exceed 5 years. For purposes of this paragraph subsection, the |
| 347 | term "public utility" has the same meaning as in s. 366.02(1) |
| 348 | and the term "telecommunications company" has the same meaning |
| 349 | as in s. 364.02(14). |
| 350 | (2) The following incentives are provided by the state to |
| 351 | encourage the revitalization of super enterprise zones: |
| 352 | (a) The sales tax exemption for certified businesses |
| 353 | provided in s. 212.08(19)(a)1. |
| 354 | (b) The sales tax exemption for retail sales by certified |
| 355 | businesses provided in s. 212.08(19)(a)2. |
| 356 | Section 8. Effective July 1, 2020, section 290.007, |
| 357 | Florida Statutes, as amended by this act, is amended to read: |
| 358 | 290.007 State incentives available in enterprise zones and |
| 359 | super enterprise zones.-- |
| 360 | (1) The following incentives are provided by the state to |
| 361 | encourage the revitalization of enterprise zones: |
| 362 | (1)(a) The enterprise zone jobs credit provided in s. |
| 363 | 220.181. |
| 364 | (2)(b) The enterprise zone property tax credit provided in |
| 365 | s. 220.182. |
| 366 | (3)(c) The community contribution tax credits provided in |
| 367 | ss. 212.08, 220.183, and 624.5105. |
| 368 | (4)(d) The sales tax exemption for building materials used |
| 369 | in the rehabilitation of real property in enterprise zones |
| 370 | provided in s. 212.08(5)(g). |
| 371 | (5)(e) The sales tax exemption for business equipment used |
| 372 | in an enterprise zone provided in s. 212.08(5)(h). |
| 373 | (6)(f) The sales tax exemption for electrical energy used |
| 374 | in an enterprise zone provided in s. 212.08(15). |
| 375 | (7)(g) The enterprise zone jobs credit against the sales |
| 376 | tax provided in s. 212.096. |
| 377 | (8)(h) Notwithstanding any law to the contrary, the Public |
| 378 | Service Commission may allow public utilities and |
| 379 | telecommunications companies to grant discounts of up to 50 |
| 380 | percent on tariffed rates for services to small businesses |
| 381 | located in an enterprise zone designated pursuant to s. |
| 382 | 290.0065. Such discounts may be granted for a period not to |
| 383 | exceed 5 years. For purposes of this subsection paragraph, the |
| 384 | term "public utility" has the same meaning as in s. 366.02(1) |
| 385 | and the term "telecommunications company" has the same meaning |
| 386 | as in s. 364.02(14). |
| 387 | (2) The following incentives are provided by the state to |
| 388 | encourage the revitalization of super enterprise zones: |
| 389 | (a) The sales tax exemption for certified businesses |
| 390 | provided in s. 212.08(19)(a)1. |
| 391 | (b) The partial sales tax exemption for retail sales by |
| 392 | certified businesses provided in s. 212.08(19)(a)2. |
| 393 | Section 9. Prior to the 2014 Regular Session of the |
| 394 | Legislature, the Office of Program Policy Analysis and |
| 395 | Government Accountability shall conduct an interim review and |
| 396 | evaluation of the effectiveness and viability of the super |
| 397 | enterprise zones created under s. 290.00681, Florida Statutes. |
| 398 | The office shall specifically evaluate whether relief from the |
| 399 | specified taxes caused or induced new investment and development |
| 400 | in the super enterprise zone; increased the number of jobs |
| 401 | created or retained in the super enterprise zone; caused or |
| 402 | induced the renovation, rehabilitation, restoration, |
| 403 | improvement, or new construction of businesses or housing within |
| 404 | the super enterprise zone; or contributed to the economic |
| 405 | viability and profitability of business and commerce located |
| 406 | within the super enterprise zone. The office shall submit a |
| 407 | report of its findings and recommendations to the Speaker of the |
| 408 | House of Representatives and the President of the Senate no |
| 409 | later than December 1, 2013. In 2019, the office shall conduct a |
| 410 | final review in accordance with this section and shall make a |
| 411 | final report to the President of the Senate and Speaker of the |
| 412 | House of Representatives no later than December 1, 2019. |
| 413 | Section 10. Except as otherwise expressly provided in this |
| 414 | act, this act shall take effect July 1, 2007. |