| 1 | A bill to be entitled |
| 2 | An act relating to enterprise zones; creating s. 290.201, |
| 3 | F.S.; providing a short title; creating s. 290.203, F.S.; |
| 4 | defining terms for the Urban Job Creation Investment Act; |
| 5 | creating s. 290.205, F.S.; creating the Florida Urban |
| 6 | Investment Job Creation Authority; providing for the |
| 7 | authority's membership and duties; requiring the authority |
| 8 | to submit annual reports and a fiscal impact study of each |
| 9 | enterprise program zone to specified officers and |
| 10 | agencies; creating s. 290.207, F.S.; creating a zone |
| 11 | development corporation for each enterprise program zone; |
| 12 | providing for the corporations' membership, officers, and |
| 13 | duties; requiring that certificates of appointment be |
| 14 | filed with the respective county or municipal clerk; |
| 15 | authorizing reimbursement of travel expenses for board |
| 16 | members; providing for employees and legal services of |
| 17 | zone development corporations; requiring zone development |
| 18 | corporations to submit annual reports to specified |
| 19 | officers and agencies; creating s. 290.209, F.S.; |
| 20 | providing for the designation of enterprise program zones; |
| 21 | authorizing the authority to periodically amend the |
| 22 | boundary of an enterprise program zone; requiring the |
| 23 | authority to consider certain factors when designating or |
| 24 | amending zone boundaries; creating s. 290.211, F.S.; |
| 25 | providing qualifications for businesses to receive state |
| 26 | enterprise program zone incentives; creating s. 290.213, |
| 27 | F.S.; establishing enterprise program zone assistance |
| 28 | funds; authorizing certain state incentives for the |
| 29 | projects of qualified businesses; providing for project |
| 30 | applications and the approval of projects; authorizing |
| 31 | zone development corporations to use loan repayments and |
| 32 | collected interest for specified purposes; providing that |
| 33 | unexpended appropriations do not revert to the funds from |
| 34 | which they were appropriated at the end of fiscal year; |
| 35 | authorizing administrative fees for zone development |
| 36 | corporations; creating s. 290.215, F.S.; authorizing |
| 37 | certain tax credits, exemptions from unemployment |
| 38 | contributions, and other state incentives for qualified |
| 39 | businesses; limiting the amount of available incentives in |
| 40 | any fiscal year; providing for the carryforward of unused |
| 41 | incentives; providing for the allocation of certain |
| 42 | appropriations among zone development corporations; |
| 43 | creating s. 290.217, F.S.; requiring the Office of Program |
| 44 | Policy Analysis and Government Accountability to submit a |
| 45 | report to the Governor and Legislature; creating s. |
| 46 | 290.119, F.S.; providing for expiration of the Urban Job |
| 47 | Creation Investment Act; abolishing designated enterprise |
| 48 | program zones; creating ss. 212.0965 and 220.1815, F.S.; |
| 49 | authorizing certain tax credits against the sales tax and |
| 50 | corporate income tax for qualified businesses located in |
| 51 | enterprise program zones; providing for application and |
| 52 | certification of tax credits; providing for carryforward |
| 53 | of unused corporate income tax credits; providing for |
| 54 | expiration of tax credits; amending s. 220.02, F.S.; |
| 55 | revising legislative intent for the order of applying |
| 56 | corporate income tax credits; amending s. 443.1217, F.S.; |
| 57 | exempting wages paid by qualified businesses to certain |
| 58 | employees from unemployment contributions; amending s. |
| 59 | 290.016, F.S.; revising the effective date of the repeal |
| 60 | of the Florida Enterprise Zone Act; reenacting ss. |
| 61 | 166.231(8)(c), 193.077(4), 193.085(5)(b), 195.073(4)(b), |
| 62 | 195.099(1)(b), 196.012(19), 205.022(4), 205.054(6), |
| 63 | 212.02(6), 212.08(5)(g), 212.096(12), 220.02(6)(c) and |
| 64 | (7)(c), 220.03(1), 220.13(1)(a), 220.181(9), and |
| 65 | 220.182(14), F.S., relating to an exemption from the |
| 66 | public service tax, certain duties of property appraisers |
| 67 | and the Department of Revenue with respect to property |
| 68 | acquired for a new business or a business expansion or |
| 69 | restoration, definition of the term "enterprise zone" for |
| 70 | purposes of property tax exemptions for homesteads, local |
| 71 | business taxes, and the sales and use tax, exemptions from |
| 72 | local business taxes and the sales and use tax, and |
| 73 | legislative intent, definitions, and tax credits for the |
| 74 | corporate income tax, to incorporate the amendment to s. |
| 75 | 290.016, F.S., in references thereto; providing an |
| 76 | effective date. |
| 77 |
|
| 78 | Be It Enacted by the Legislature of the State of Florida: |
| 79 |
|
| 80 | Section 1. Section 290.201, Florida Statutes, is created |
| 81 | to read: |
| 82 | 290.201 Short title.-Sections 290.201-290.219 may be cited |
| 83 | as the "Urban Job Creation Investment Act." |
| 84 | Section 2. Section 290.203, Florida Statutes, is created |
| 85 | to read: |
| 86 | 290.203 Definitions.-As used in ss. 290.201-290.219, the |
| 87 | term: |
| 88 | (1) "Authority" means the Florida Urban Investment Job |
| 89 | Creation Authority created under s. 290.205. |
| 90 | (2) "Authorized local economic development agency" means a |
| 91 | public or private entity, including an entity defined in s. |
| 92 | 288.075, authorized by a county or municipality to promote the |
| 93 | general business or industrial interests of the county or |
| 94 | municipality. |
| 95 | (3) "Business" has the same meaning as provided in s. |
| 96 | 212.02. |
| 97 | (4) "Emergency" means occurrence of widespread or severe |
| 98 | damage, injury, or loss of life or property proclaimed under s. |
| 99 | 14.022 or declared under s. 252.36. |
| 100 | (5) "Enterprise program zone" means an urban |
| 101 | revitalization zone designated under s. 290.209 which is located |
| 102 | in a legacy enterprise zone or federally designated empowerment |
| 103 | zone. |
| 104 | (6) "Enterprise program zone assistance fund" means a |
| 105 | program that provides loans, loan guarantees, loan-loss |
| 106 | reserves, or investments for projects of qualified businesses as |
| 107 | provided in s. 290.213. |
| 108 | (7) "Expansion of an existing business" means the |
| 109 | expansion of an existing business located in an enterprise |
| 110 | program zone by or through additions to real and personal |
| 111 | property, resulting in a net increase in employment of not less |
| 112 | than 10 percent at such business. |
| 113 | (8) "Federally designated empowerment zone" means a |
| 114 | geographic area of the state designated by the Federal |
| 115 | Government as an empowerment zone under the Federal Empowerment |
| 116 | Zone Program as defined in s. 290.0491. |
| 117 | (9) "Florida Enterprise Zone Act" has the same meaning as |
| 118 | provided in s. 290.001. |
| 119 | (10) "Legacy enterprise zone" means an enterprise zone |
| 120 | designated under the Florida Enterprise Zone Act. |
| 121 | (11) "New business" means a business that applies for |
| 122 | state incentives under ss. 290.201-290.219 before beginning |
| 123 | operations in an enterprise program zone and that is a legal |
| 124 | entity separate from any other commercial or industrial |
| 125 | operations owned by the same business. |
| 126 | (12) "Project" means the creation of a new business, or |
| 127 | the expansion or rebuilding of an existing business, located in |
| 128 | an enterprise program zone. |
| 129 | (13) "Qualified business" means a business that meets the |
| 130 | qualifications under s. 290.211 to receive state incentives |
| 131 | under ss. 290.213 and 290.215. |
| 132 | (14) "Rebuilding of an existing business" means |
| 133 | replacement or restoration of real or tangible property |
| 134 | destroyed or damaged in an emergency in an enterprise program |
| 135 | zone by a business located in the zone. |
| 136 | (15) "Zone development corporation" means a corporation |
| 137 | not for profit created under s. 290.207 to administer an |
| 138 | enterprise program zone. |
| 139 | Section 3. Section 290.205, Florida Statutes, is created |
| 140 | to read: |
| 141 | 290.205 Florida Urban Investment Job Creation Authority; |
| 142 | creation; membership and duties.- |
| 143 | (1) There is created within the Office of Tourism, Trade, |
| 144 | and Economic Development the Florida Urban Investment Job |
| 145 | Creation Authority. The authority shall be composed of the |
| 146 | following 11 members: |
| 147 | (a) Five public-sector members, who shall be appointed by |
| 148 | the Governor, at least three of whom must be employed or reside |
| 149 | in an enterprise program zone or, for initial members, in a |
| 150 | legacy enterprise zone or federally designated empowerment zone. |
| 151 | The Governor may not appoint more than three public-sector |
| 152 | members of the same political party affiliation. Public-sector |
| 153 | members shall serve for terms of 4 years, except that the |
| 154 | Governor, to establish staggered terms, may appoint members to |
| 155 | initial terms of fewer than 4 years. The Governor shall fill the |
| 156 | vacancy of a public-sector member for the unexpired portion of |
| 157 | the member's term in the same manner as the original |
| 158 | appointment. |
| 159 | (b) One business owner, who shall be appointed by the |
| 160 | Governor, whose principal place of business is located in an |
| 161 | enterprise program zone or, for the initial member, in a legacy |
| 162 | enterprise zone or federally designated empowerment zone. |
| 163 | (c) The Chief Financial Officer of the state or his or her |
| 164 | designee. |
| 165 | (d) The director of the Office of Tourism, Trade, and |
| 166 | Economic Development or his or her designee. |
| 167 | (e) The president of Enterprise Florida, Inc., or his or |
| 168 | her designee. |
| 169 | (f) One member appointed by the President of the Senate |
| 170 | and one member appointed by the Speaker of the House of |
| 171 | Representatives, both of whom must have training and experience |
| 172 | in local government, finance, economic development, or |
| 173 | redevelopment or participate in volunteer, civic, or community |
| 174 | organizations. |
| 175 | (2) Each member shall hold office until his or her |
| 176 | successor is appointed and qualified, unless the member ceases |
| 177 | to be qualified or is removed from office. |
| 178 | (3) The Office of Tourism, Trade, and Economic Development |
| 179 | shall provide administrative and staff support services for the |
| 180 | authority. |
| 181 | (4) The authority shall: |
| 182 | (a) Designate enterprise program zones in accordance with |
| 183 | s. 290.209. |
| 184 | (b) Approve or deny applications, based upon the |
| 185 | recommendations of the zone development corporations, for the |
| 186 | qualification of businesses to receive state incentives under |
| 187 | ss. 290.213 and 290.215. |
| 188 | (c) Certify annually to the Chief Financial Officer the |
| 189 | amounts to be paid from the enterprise program zone assistance |
| 190 | funds to support proposed projects under s. 290.213. |
| 191 | (d) By February 15 of each year, submit an annual report |
| 192 | to the Governor, the President of the Senate, the Speaker of the |
| 193 | House of Representatives, and the Office of Tourism, Trade, and |
| 194 | Economic Development on the authority's activities for the |
| 195 | previous fiscal year. The report must include a complete |
| 196 | financial statement setting forth the authority's assets, |
| 197 | liabilities, income, and operating expenses as of the end of the |
| 198 | fiscal year. |
| 199 | (5) One year after the designation of the enterprise |
| 200 | program zones under s. 290.209, the authority shall prepare a |
| 201 | fiscal impact study of each enterprise program zone. The report |
| 202 | shall include, but is not limited to, an analysis of the effects |
| 203 | of each enterprise program zone on the economy of the county or |
| 204 | municipality in which the enterprise program zone is located, |
| 205 | and any recommendations for legislation to improve the |
| 206 | effectiveness of the enterprise program zones. By July 1, 2014, |
| 207 | the authority shall submit a copy of the report to the Governor, |
| 208 | the President of the Senate, the Speaker of the House of |
| 209 | Representatives, and the Chief Financial Officer of the state. |
| 210 | After submitting the initial fiscal impact study, the authority |
| 211 | shall prepare such report annually. The authority may use a |
| 212 | portion of any funds provided for projects of qualified |
| 213 | businesses by the enterprise program zone assistance funds to |
| 214 | pay the costs of each study. |
| 215 | Section 4. Section 290.207, Florida Statutes, is created |
| 216 | to read: |
| 217 | 290.207 Zone development corporations; creation; board of |
| 218 | directors; membership.- |
| 219 | (1) A zone development corporation shall be created within |
| 220 | each legacy enterprise zone and federally designated empowerment |
| 221 | zone in the state. Each zone development corporation shall be |
| 222 | organized as a corporation not for profit. |
| 223 | (2) The board of directors of each zone development |
| 224 | corporation shall be composed of the following members: |
| 225 | (a) One business owner, who shall be appointed by the |
| 226 | Governor, whose principal place of business is located in the |
| 227 | enterprise program zone or, for the initial member, in the |
| 228 | legacy enterprise zone or federally designated empowerment zone. |
| 229 | (b) Two business or community leaders who reside in, or |
| 230 | whose principal place of business is located in, the enterprise |
| 231 | program zone or, for initial members, in the legacy enterprise |
| 232 | zone or federally designated empowerment zone, one of whom shall |
| 233 | be appointed by the President of the Senate and one of whom |
| 234 | shall be appointed by the Speaker of the House of |
| 235 | Representatives. |
| 236 | (c) For each county all or part of whose territory lies |
| 237 | within the enterprise program zone or, for initial members, |
| 238 | within the legacy enterprise zone or federally designated |
| 239 | empowerment zone, one member appointed by the board of county |
| 240 | commissioners of the county. |
| 241 | (d) For each municipality all or part of whose territory |
| 242 | lies within the enterprise program zone or, for initial members, |
| 243 | within the legacy enterprise zone or federally designated |
| 244 | empowerment zone, one member appointed by the governing board of |
| 245 | the municipality. |
| 246 | (3)(a) Board members shall serve terms of 4 years, except |
| 247 | that members appointed by the President of the Senate and the |
| 248 | Speaker of the House of Representatives shall serve terms of 2 |
| 249 | years. A vacancy of the unexpired portion of a member's term |
| 250 | shall be filled in the same manner as the original appointment. |
| 251 | Each board member shall hold office until his or her successor |
| 252 | is appointed and qualified, unless the member ceases to be |
| 253 | qualified or is removed from office. |
| 254 | (b) Upon the appointment or reappointment of a board |
| 255 | member, the corporation must file a certificate of appointment |
| 256 | or reappointment with the clerk of the respective county or |
| 257 | municipality. |
| 258 | (c) Board members shall serve without compensation but are |
| 259 | entitled to per diem and travel expenses as provided in s. |
| 260 | 112.061. |
| 261 | (4)(a) Each zone development corporation shall select a |
| 262 | chair and vice chair from among its members. |
| 263 | (b) Subject to funding provided by a county, municipality, |
| 264 | or authorized local economic development agency, a zone |
| 265 | development corporation may employ or designate an executive |
| 266 | director, technical experts, and other agents and employees, |
| 267 | permanent and temporary, and determine their qualifications, |
| 268 | duties, and compensation. For legal services, a zone development |
| 269 | corporation may employ private counsel or use attorneys of the |
| 270 | county, municipality, or authorized local economic development |
| 271 | agency at the discretion of the county, municipality, or |
| 272 | authorized local economic development agency. |
| 273 | (5) Each zone development corporation shall: |
| 274 | (a) Adopt and administer a zone development plan that sets |
| 275 | forth the boundary of the enterprise program zone designated |
| 276 | under s. 290.209, the development goals of the enterprise |
| 277 | program zone, and direction for qualified businesses located in |
| 278 | the enterprise program zone. |
| 279 | (b) Conduct meetings of the board of directors at least |
| 280 | quarterly to evaluate applications for qualified businesses to |
| 281 | receive tax credits and other state incentives under s. 290.215. |
| 282 | (c) Administer an enterprise program zone assistance fund |
| 283 | to provide loans, loan guarantees, loan-loss reserves, and |
| 284 | investments for projects of qualified businesses located in the |
| 285 | enterprise program zone under s. 290.213. |
| 286 | (d) Conduct an open public forum at least quarterly at |
| 287 | which urban development projects and the use of enterprise |
| 288 | program zone assistance funds may be proposed and discussed. |
| 289 | (6)(a) By March 1 of each year, each zone development |
| 290 | corporation shall submit to the county or municipal clerk a |
| 291 | report of its activities for the previous fiscal year. The |
| 292 | report must include a complete financial statement setting forth |
| 293 | the corporation's assets, liabilities, income, and operating |
| 294 | expenses as of the end of the fiscal year. When filing the |
| 295 | report, each zone development corporation shall publish a notice |
| 296 | in a newspaper of general circulation in the enterprise program |
| 297 | zone that such report was filed with the respective county or |
| 298 | municipal clerk and is available for inspection during business |
| 299 | hours at the offices of the zone development corporation. |
| 300 | (b) By February 15 of each year, each zone development |
| 301 | corporation shall submit a report of its activities to the |
| 302 | Governor, the President of the Senate, the Speaker of the House |
| 303 | of Representatives, and the authority. |
| 304 | (c) Each zone development corporation shall annually |
| 305 | submit a report to the authority accounting for the expenditure |
| 306 | of enterprise program zone assistance funds. |
| 307 | Section 5. Section 290.209, Florida Statutes, is created |
| 308 | to read: |
| 309 | 290.209 Designation of enterprise program zones.- |
| 310 | (1) The authority shall, in each legacy enterprise zone |
| 311 | and federally designated empowerment zone in the state, |
| 312 | establish an enterprise program zone and designate the |
| 313 | geographic boundary of the zone. |
| 314 | (2) By October 1, 2011, each zone development corporation |
| 315 | shall submit to the authority the following: |
| 316 | (a) An economic report prepared by the corporation for the |
| 317 | respective enterprise program zone. The report must include |
| 318 | current census data and other economic indicators that identify |
| 319 | the most economically distressed areas in the legacy enterprise |
| 320 | zone or federally designated empowerment zone. |
| 321 | (b) The corporation's written recommendations for the |
| 322 | initial boundary of the enterprise program zone based upon |
| 323 | findings of the economic report. |
| 324 | (3) Before establishing the initial boundary of an |
| 325 | enterprise program zone, the authority must consider: |
| 326 | (a) The zone development corporation's economic report and |
| 327 | recommendations for the initial boundary. |
| 328 | (b) The historical boundary of the legacy enterprise zone |
| 329 | or federally designated empowerment zone. |
| 330 | (4) A zone development corporation may periodically apply |
| 331 | to the authority for amendment of the enterprise program zone's |
| 332 | boundary. The application must be based on a revised economic |
| 333 | report and recommendations submitted to the authority in the |
| 334 | same manner as provided under paragraphs (2)(a) and (b) for the |
| 335 | initial boundary. Before amending the boundary, the authority |
| 336 | must consider the factors described in paragraphs (3)(a) and (b) |
| 337 | and the historical boundary of the enterprise program zone. |
| 338 | (5) The total area of an enterprise program zone may not |
| 339 | exceed 25 percent of the total area of the legacy enterprise |
| 340 | zone or federally designated empowerment zone. |
| 341 | Section 6. Section 290.211, Florida Statutes, is created |
| 342 | to read: |
| 343 | 290.211 Qualified businesses.- |
| 344 | (1) Effective July 1, 2012, a business is qualified to |
| 345 | receive the state incentives provided under s. 290.215 if: |
| 346 | (a) The business is authorized to transact business in the |
| 347 | state. |
| 348 | (b) The business is actively engaged in the conduct of a |
| 349 | trade or business located in an enterprise program zone |
| 350 | designated under s. 290.209. |
| 351 | (c) The business is not an adult entertainment |
| 352 | establishment as defined in s. 847.001. |
| 353 | (d) At least 25 percent of the business' full-time |
| 354 | employees: |
| 355 | 1. Reside in the enterprise program zone; |
| 356 | 2. Reside in the state and were totally unemployed as |
| 357 | defined in s. 443.036(43)(a) for at least 6 months before |
| 358 | employment by the business; |
| 359 | 3. Were recipients of temporary cash assistance under s. |
| 360 | 414.045 for at least 6 months before employment by the business; |
| 361 | or |
| 362 | 4. Are low-income individuals as defined in the federal |
| 363 | Workforce Investment Act, Pub. L. 105-220, 29 U.S.C. s. 2801. |
| 364 | (2) A qualified business must maintain its qualifications |
| 365 | under subsection (1) to continue to receive the state incentives |
| 366 | provided under s. 290.215. Upon ceasing to meet the |
| 367 | qualifications, a business may not receive additional |
| 368 | incentives. |
| 369 | Section 7. Section 290.213, Florida Statutes, is created |
| 370 | to read: |
| 371 | 290.213 Enterprise program zone assistance funds.- |
| 372 | (1)(a) Effective July 1, 2012, and subject to legislative |
| 373 | appropriations, each zone development corporation shall |
| 374 | administer a separate assistance fund to provide loans, loan |
| 375 | guarantees, loan-loss reserves, and investments for projects of |
| 376 | qualified businesses located in the corporation's enterprise |
| 377 | program zone. |
| 378 | (b) Each zone development corporation shall develop |
| 379 | criteria for the approval of projects in its enterprise program |
| 380 | zone relating to comprehensive urban planning, neighborhood |
| 381 | aesthetics and compatibility, and the maximization of economic |
| 382 | development and job creation opportunities. |
| 383 | (2)(a) To receive assistance for a project under this |
| 384 | section, a qualified business must apply to the zone development |
| 385 | corporation. The application shall be developed by the authority |
| 386 | in consultation with the Office of Tourism, Trade, and Economic |
| 387 | Development. The application must demonstrate whether the |
| 388 | business is a new business or an expansion or rebuilding of an |
| 389 | existing business located in the enterprise program zone. |
| 390 | (b) The zone development corporation shall review and, |
| 391 | based upon the corporation's criteria, evaluate each submitted |
| 392 | application and recommend approval or disapproval to the |
| 393 | authority. |
| 394 | (c) Upon receipt of an application and recommendation from |
| 395 | the zone development corporation, the authority shall review, |
| 396 | evaluate, and determine whether to approve or deny the |
| 397 | application. The authority shall notify the applicant, the zone |
| 398 | development corporation, and the Office of Tourism, Trade, and |
| 399 | Economic Development of each approved application. |
| 400 | (d) If the authority denies an application, it shall |
| 401 | notify the applicant and the zone development corporation and |
| 402 | describe the reasons for denial. The authority has final |
| 403 | approval authority for projects under this section. |
| 404 | (3) A zone development corporation shall use any loan |
| 405 | repayments and collected interest to provide additional |
| 406 | assistance to qualified businesses for projects under this |
| 407 | section. |
| 408 | (4) Unexpended balances of an appropriation provided for |
| 409 | assistance to qualified businesses under this section shall not |
| 410 | revert to the fund from which the appropriation was made at the |
| 411 | end of the fiscal year but shall be retained in the Economic |
| 412 | Development Trust Fund and be carried forward to provide |
| 413 | additional assistance to qualified businesses under this section |
| 414 | during the following fiscal year. |
| 415 | (5) A zone development corporation may collect an |
| 416 | administrative fee not exceed 10 percent of the assistance |
| 417 | provided to qualified businesses under this section. |
| 418 | Section 8. Section 290.215, Florida Statutes, is created |
| 419 | to read: |
| 420 | 290.215 State incentives available for enterprise program |
| 421 | zones; tax increment financing.- |
| 422 | (1) Effective July 1, 2012, the following state incentives |
| 423 | are available for qualified businesses located in an enterprise |
| 424 | program zone: |
| 425 | (a) The enterprise program zone sales and use tax credits |
| 426 | provided under s. 212.0965. |
| 427 | (b) The enterprise program zone corporate income tax |
| 428 | credits provided under s. 220.183. |
| 429 | (c) Loans, loan guarantees, loan-loss reserves, and |
| 430 | investments provided for projects by enterprise program zone |
| 431 | assistance funds under s. 290.213. |
| 432 | (d) A credit against unemployment contributions provided |
| 433 | under s. 443.1217(2)(h). |
| 434 | (2) By June 1, 2012, the authority, in consultation with |
| 435 | the Office of Tourism, Trade, and Economic Development and the |
| 436 | Department of Revenue, shall determine the tax floor for each |
| 437 | enterprise program zone designated under s. 290.209. As used in |
| 438 | this section, the term "tax floor" means the aggregate amount of |
| 439 | sales and use tax collections from all businesses in an |
| 440 | enterprise program zone for the 2010-2011 fiscal year. |
| 441 | (3)(a) By June 1 of each year, the authority, in |
| 442 | consultation with the Office of Tourism, Trade, and Economic |
| 443 | Development and the Department of Revenue, shall calculate the |
| 444 | maximum aggregate amount of state incentives described in |
| 445 | paragraphs (1)(a)-(c) which are available for each enterprise |
| 446 | program zone for the following fiscal year. Such maximum amount |
| 447 | may not exceed the aggregate amount of the sales and use tax |
| 448 | collections from all businesses in the enterprise program zone |
| 449 | during the previous fiscal year which exceed the tax floor |
| 450 | established for the enterprise program zone under subsection |
| 451 | (2). |
| 452 | (b) Any portion of the maximum amount of state incentives |
| 453 | established per fiscal year that is not used by the end of a |
| 454 | fiscal year shall be carried forward and made available for use |
| 455 | during the following 2 fiscal years in addition to the amounts |
| 456 | available for use under paragraph (a) for those fiscal years. |
| 457 | (4)(a) The authority shall annually allocate legislative |
| 458 | appropriations among the zone development corporations for the |
| 459 | enterprise program zone assistance funds provided to projects of |
| 460 | qualified businesses under s. 290.213. The authority shall |
| 461 | certify annually to the State Treasurer amounts to be paid from |
| 462 | the Economic Development Trust Fund to support the approved |
| 463 | projects. |
| 464 | (b) The amount available for state incentives in the |
| 465 | enterprise program zone, including tax credits, loans, loan |
| 466 | guarantees, loan-loss reserves, and investments authorized in |
| 467 | paragraphs (1)(a)-(c), may not exceed the maximum aggregate |
| 468 | amount calculated for these incentives under paragraph (3)(a). |
| 469 | Section 9. Section 290.217, Florida Statutes, is created |
| 470 | to read: |
| 471 | 290.217 Review of enterprise program zones.- |
| 472 | (1) By January 15, 2021, the Office of Program Policy |
| 473 | Analysis and Government Accountability shall submit a report to |
| 474 | the Governor, the President of the Senate, and the Speaker of |
| 475 | the House of Representatives of its findings and recommendations |
| 476 | on the Urban Job Creation Investment Act. The report shall |
| 477 | review and evaluate the effectiveness of each enterprise program |
| 478 | zone using the annual fiscal reports prepared by the authority |
| 479 | under s. 290.205(5). The report shall also evaluate whether the |
| 480 | state incentives provided to businesses in each enterprise |
| 481 | program zone caused or contributed to: |
| 482 | (a) New investment and development in the enterprise |
| 483 | program zone; |
| 484 | (b) An increased number of jobs created or retained in the |
| 485 | enterprise program zone; |
| 486 | (c) The renovation, rehabilitation, restoration, |
| 487 | improvement, or new construction of businesses or housing in the |
| 488 | enterprise program zone; or |
| 489 | (d) The economic viability and profitability of businesses |
| 490 | and commerce in the enterprise program zone. |
| 491 | (2) Before the 2021 Regular Session of the Legislature, |
| 492 | the appropriate committees of the Senate and House of |
| 493 | Representatives shall consider legislation to implement the |
| 494 | report's recommendations. |
| 495 | Section 10. Section 290.219, Florida Statutes, is created |
| 496 | to read: |
| 497 | 290.219 Expiration.- |
| 498 | (1) Sections 290.201-290.219 expire June 30, 2021. |
| 499 | (2) Effective June 30, 2021, each enterprise program zone |
| 500 | designated under s. 290.209 is abolished, and a business may not |
| 501 | claim or receive a state incentive provided under s. 290.213 or |
| 502 | s. 290.215 after that date. |
| 503 | Section 11. Section 212.0965, Florida Statutes, is created |
| 504 | to read: |
| 505 | 212.0965 Sales, rental, storage, use tax; enterprise |
| 506 | program zone credit against sales tax.- |
| 507 | (1) Effective July 1, 2012, there shall be allowed the |
| 508 | following credits against the tax imposed by this chapter for |
| 509 | any qualified business as defined in s. 290.203 located in an |
| 510 | enterprise program zone: |
| 511 | (a) A credit equal to 50 percent of the business' sales |
| 512 | and use tax liability imposed under this chapter, except for tax |
| 513 | liability resulting from the purchase of a new or used motor |
| 514 | vehicle or mobile home or the sale of obscene material as |
| 515 | defined in s. 847.0133. |
| 516 | (b) A credit equal to 50 percent of the business' sales |
| 517 | and use tax liability from the purchase of tangible personal |
| 518 | property that has a depreciable life of 3 years of more. |
| 519 | (2)(a) To be eligible to receive a tax credit provided |
| 520 | under paragraph (1)(a) or paragraph (1)(b), a qualified business |
| 521 | must initially apply to the zone development corporation created |
| 522 | under s. 290.207. |
| 523 | (b) An original certification is valid for 2 years. In |
| 524 | lieu of submitting a new application, the original certification |
| 525 | may be renewed biennially by submitting to the Florida Urban |
| 526 | Investment Job Creation Authority a statement, certified under |
| 527 | oath, that there has been no material change in the conditions |
| 528 | or circumstances entitling the qualified business to the |
| 529 | original certification. The initial application and the |
| 530 | certification renewal statement shall be developed by the |
| 531 | Florida Urban Investment Job Creation Authority in consultation |
| 532 | with the Office of Tourism, Trade, and Economic Development and |
| 533 | the department. |
| 534 | (c) The zone development corporation shall review each |
| 535 | submitted initial application and determine whether or not the |
| 536 | application is complete. Once complete, the zone development |
| 537 | corporation shall evaluate the application and recommend |
| 538 | approval or disapproval to the Florida Urban Investment Job |
| 539 | Creation Authority. |
| 540 | (d) Upon receipt of an initial application and |
| 541 | recommendation from the zone development corporation, or upon |
| 542 | receipt of a certification renewal statement, the Florida Urban |
| 543 | Investment Job Creation Authority shall certify qualified |
| 544 | businesses that meet the requirements of s. 290.211 and notify |
| 545 | the applicant, the zone development corporation, the Office of |
| 546 | Tourism, Trade, and Economic Development, and the department of |
| 547 | the original certification or certification renewal. |
| 548 | (e) If the Florida Urban Investment Job Creation Authority |
| 549 | finds that the applicant does not meet the requirements of s. |
| 550 | 290.211, it shall notify the applicant and the zone development |
| 551 | corporation that the application for certification is denied and |
| 552 | the reasons for denial. The Florida Urban Investment Job |
| 553 | Creation Authority has final approval authority for |
| 554 | certification under this section. |
| 555 | (3) This section expires on the date specified in s. |
| 556 | 290.219 for the expiration of the Urban Job Creation Investment |
| 557 | Act. |
| 558 | Section 12. Section 220.1815, Florida Statutes, is created |
| 559 | to read: |
| 560 | 220.1815 Enterprise program zone tax credits.- |
| 561 | (1) Effective July 1, 2012, there shall be allowed the |
| 562 | following credits against the tax imposed by this chapter for |
| 563 | any qualified business as defined in s. 290.203 located in an |
| 564 | enterprise program zone: |
| 565 | (a) A credit equal to 8 percent of the business' corporate |
| 566 | income tax liability imposed under this chapter. |
| 567 | (b) A credit equal to $1,500 of the business' corporate |
| 568 | income tax liability for hiring a new full-time employee who |
| 569 | resides in the enterprise program zone, if such employee |
| 570 | received temporary cash assistance under s. 414.045, or was |
| 571 | totally unemployed as defined in s. 443.036(43)(a), for at least |
| 572 | 90 days before such employment. The tax credit provided under |
| 573 | this paragraph may be claimed only once per new full-time |
| 574 | employee for the taxable year during which the business |
| 575 | initially hires such employee. |
| 576 | (2)(a) To be eligible to receive a tax credit provided |
| 577 | under paragraph (1)(a) or paragraph (1)(b), a qualified business |
| 578 | must initially apply to the zone development corporation created |
| 579 | under s. 290.207. The application shall be developed by the |
| 580 | Florida Urban Investment Job Creation Authority in consultation |
| 581 | with the Office of Tourism, Trade, and Economic Development and |
| 582 | the department. |
| 583 | (b) When claiming a tax credit under paragraph (1)(b), the |
| 584 | application must include a statement, filed under oath with the |
| 585 | zone development corporation, which includes for each new |
| 586 | employee for whom the credit is claimed, the employee's name and |
| 587 | residential address during the taxable year and, if applicable, |
| 588 | documentation that the employee received temporary cash |
| 589 | assistance or was totally unemployed for at least 90 days before |
| 590 | employment by the qualified business. |
| 591 | (c) The zone development corporation shall review each |
| 592 | submitted application and determine whether or not the |
| 593 | application is complete. Once complete, the zone development |
| 594 | corporation shall evaluate the application and recommend |
| 595 | approval or disapproval to the Florida Urban Investment Job |
| 596 | Creation Authority. |
| 597 | (d) Upon receipt of an application and recommendation from |
| 598 | the zone development corporation, the Florida Urban Investment |
| 599 | Job Creation Authority shall certify qualified businesses that |
| 600 | meet the requirements of s. 290.211 and this section and notify |
| 601 | the applicant, the zone development corporation, the Office of |
| 602 | Tourism, Trade, and Economic Development, and the department of |
| 603 | the certification. |
| 604 | (e) If the Florida Urban Investment Job Creation Authority |
| 605 | finds that the applicant does not meet the requirements of s. |
| 606 | 290.211 or this section, it shall notify the applicant and the |
| 607 | zone development corporation that the application for |
| 608 | certification is denied and the reasons for denial. The Florida |
| 609 | Urban Investment Job Creation Authority has final approval |
| 610 | authority for certification under this section. |
| 611 | (3) If a tax credit certified under this section is not |
| 612 | fully used in any one year, the unused amount may be carried |
| 613 | forward for a period not to exceed 5 years. The carryover credit |
| 614 | may be used in a subsequent year when the tax imposed by this |
| 615 | chapter for such year exceeds the credit for such year after |
| 616 | applying the other credits and unused credit carryovers in the |
| 617 | order provided in s. 220.02(8). |
| 618 | (4) This section expires on the date specified in s. |
| 619 | 290.219 for the expiration of the Urban Job Creation Investment |
| 620 | Act. |
| 621 | Section 13. Subsection (8) of section 220.02, Florida |
| 622 | Statutes, is amended to read: |
| 623 | 220.02 Legislative intent.- |
| 624 | (8) It is the intent of the Legislature that credits |
| 625 | against either the corporate income tax or the franchise tax be |
| 626 | applied in the following order: those enumerated in s. 631.828, |
| 627 | those enumerated in s. 220.191, those enumerated in s. 220.181, |
| 628 | those enumerated in s. 220.183, those enumerated in s. 220.182, |
| 629 | those enumerated in s. 220.1895, those enumerated in s. 221.02, |
| 630 | those enumerated in s. 220.184, those enumerated in s. 220.186, |
| 631 | those enumerated in s. 220.1845, those enumerated in s. 220.19, |
| 632 | those enumerated in s. 220.185, those enumerated in s. 220.1875, |
| 633 | those enumerated in s. 220.192, those enumerated in s. 220.193, |
| 634 | those enumerated in s. 288.9916, those enumerated in s. |
| 635 | 220.1899, and those enumerated in s. 220.1896, and those |
| 636 | enumerated in s. 220.1815. |
| 637 | Section 14. Paragraph (h) is added to subsection (2) of |
| 638 | section 443.1217, Florida Statutes, to read: |
| 639 | 443.1217 Wages.- |
| 640 | (2) For the purpose of determining an employer's |
| 641 | contributions, the following wages are exempt from this chapter: |
| 642 | (h) Beginning July 1, 2012, remuneration paid by a |
| 643 | qualified business as defined in s. 290.203 to an individual who |
| 644 | earns less than $4,500 during the calendar quarter. |
| 645 | Section 15. Section 290.016, Florida Statutes, is amended |
| 646 | to read: |
| 647 | 290.016 Repeal.-Sections 290.001-290.014 are repealed June |
| 648 | 30, 2012 December 31, 2015. |
| 649 | Section 16. For the purpose of incorporating the amendment |
| 650 | made by this act to section 290.016, Florida Statutes, in a |
| 651 | reference thereto, paragraph (c) of subsection (8) of section |
| 652 | 166.231, Florida Statutes, is reenacted to read: |
| 653 | 166.231 Municipalities; public service tax.- |
| 654 | (8) |
| 655 | (c) This subsection expires on the date specified in s. |
| 656 | 290.016 for the expiration of the Florida Enterprise Zone Act, |
| 657 | except that any qualified business that has satisfied the |
| 658 | requirements of this subsection before that date shall be |
| 659 | allowed the full benefit of the exemption allowed under this |
| 660 | subsection as if this subsection had not expired on that date. |
| 661 | Section 17. For the purpose of incorporating the amendment |
| 662 | made by this act to section 290.016, Florida Statutes, in a |
| 663 | reference thereto, subsection (4) of section 193.077, Florida |
| 664 | Statutes, is reenacted to read: |
| 665 | 193.077 Notice of new, rebuilt, or expanded property.- |
| 666 | (4) This section expires on the date specified in s. |
| 667 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 668 | Section 18. For the purpose of incorporating the amendment |
| 669 | made by this act to section 290.016, Florida Statutes, in a |
| 670 | reference thereto, paragraph (b) of subsection (5) of section |
| 671 | 193.085, Florida Statutes, is reenacted to read: |
| 672 | 193.085 Listing all property.- |
| 673 | (5) |
| 674 | (b) This subsection expires on the date specified in s. |
| 675 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 676 | Section 19. For the purpose of incorporating the amendment |
| 677 | made by this act to section 290.016, Florida Statutes, in a |
| 678 | reference thereto, paragraph (b) of subsection (4) of section |
| 679 | 195.073, Florida Statutes, is reenacted to read: |
| 680 | 195.073 Classification of property.-All items required by |
| 681 | law to be on the assessment rolls must receive a classification |
| 682 | based upon the use of the property. The department shall |
| 683 | promulgate uniform definitions for all classifications. The |
| 684 | department may designate other subclassifications of property. |
| 685 | No assessment roll may be approved by the department which does |
| 686 | not show proper classifications. |
| 687 | (4) |
| 688 | (b) This subsection expires on the date specified in s. |
| 689 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 690 | Section 20. For the purpose of incorporating the amendment |
| 691 | made by this act to section 290.016, Florida Statutes, in a |
| 692 | reference thereto, paragraph (b) of subsection (1) of section |
| 693 | 195.099, Florida Statutes, is reenacted to read: |
| 694 | 195.099 Periodic review.- |
| 695 | (1) |
| 696 | (b) This subsection shall expire on the date specified in |
| 697 | s. 290.016 for the expiration of the Florida Enterprise Zone |
| 698 | Act. |
| 699 | Section 21. For the purpose of incorporating the amendment |
| 700 | made by this act to section 290.016, Florida Statutes, in a |
| 701 | reference thereto, subsection (19) of section 196.012, Florida |
| 702 | Statutes, is reenacted to read: |
| 703 | 196.012 Definitions.-For the purpose of this chapter, the |
| 704 | following terms are defined as follows, except where the context |
| 705 | clearly indicates otherwise: |
| 706 | (19) "Enterprise zone" means an area designated as an |
| 707 | enterprise zone pursuant to s. 290.0065. This subsection expires |
| 708 | on the date specified in s. 290.016 for the expiration of the |
| 709 | Florida Enterprise Zone Act. |
| 710 | Section 22. For the purpose of incorporating the amendment |
| 711 | made by this act to section 290.016, Florida Statutes, in a |
| 712 | reference thereto, subsection (4) of section 205.022, Florida |
| 713 | Statutes, is reenacted to read: |
| 714 | 205.022 Definitions.-When used in this chapter, the |
| 715 | following terms and phrases shall have the meanings ascribed to |
| 716 | them in this section, except when the context clearly indicates |
| 717 | a different meaning: |
| 718 | (4) "Enterprise zone" means an area designated as an |
| 719 | enterprise zone pursuant to s. 290.0065. This subsection expires |
| 720 | on the date specified in s. 290.016 for the expiration of the |
| 721 | Florida Enterprise Zone Act. |
| 722 | Section 23. For the purpose of incorporating the amendment |
| 723 | made by this act to section 290.016, Florida Statutes, in a |
| 724 | reference thereto, subsection (6) of section 205.054, Florida |
| 725 | Statutes, is reenacted to read: |
| 726 | 205.054 Business tax; partial exemption for engaging in |
| 727 | business or occupation in enterprise zone.- |
| 728 | (6) This section expires on the date specified in s. |
| 729 | 290.016 for the expiration of the Florida Enterprise Zone Act; |
| 730 | and a receipt may not be issued with the exemption authorized in |
| 731 | this section for any period beginning on or after that date. |
| 732 | Section 24. For the purpose of incorporating the amendment |
| 733 | made by this act to section 290.016, Florida Statutes, in a |
| 734 | reference thereto, subsection (6) of section 212.02, Florida |
| 735 | Statutes, is reenacted to read: |
| 736 | 212.02 Definitions.-The following terms and phrases when |
| 737 | used in this chapter have the meanings ascribed to them in this |
| 738 | section, except where the context clearly indicates a different |
| 739 | meaning: |
| 740 | (6) "Enterprise zone" means an area of the state |
| 741 | designated pursuant to s. 290.0065. This subsection expires on |
| 742 | the date specified in s. 290.016 for the expiration of the |
| 743 | Florida Enterprise Zone Act. |
| 744 | Section 25. For the purpose of incorporating the amendment |
| 745 | made by this act to section 290.016, Florida Statutes, in a |
| 746 | reference thereto, paragraph (g) of subsection (5) of section |
| 747 | 212.08, Florida Statutes, is reenacted to read: |
| 748 | 212.08 Sales, rental, use, consumption, distribution, and |
| 749 | storage tax; specified exemptions.-The sale at retail, the |
| 750 | rental, the use, the consumption, the distribution, and the |
| 751 | storage to be used or consumed in this state of the following |
| 752 | are hereby specifically exempt from the tax imposed by this |
| 753 | chapter. |
| 754 | (5) EXEMPTIONS; ACCOUNT OF USE.- |
| 755 | (g) Building materials used in the rehabilitation of real |
| 756 | property located in an enterprise zone.- |
| 757 | 1. Building materials used in the rehabilitation of real |
| 758 | property located in an enterprise zone are exempt from the tax |
| 759 | imposed by this chapter upon an affirmative showing to the |
| 760 | satisfaction of the department that the items have been used for |
| 761 | the rehabilitation of real property located in an enterprise |
| 762 | zone. Except as provided in subparagraph 2., this exemption |
| 763 | inures to the owner, lessee, or lessor at the time the real |
| 764 | property is rehabilitated, but only through a refund of |
| 765 | previously paid taxes. To receive a refund pursuant to this |
| 766 | paragraph, the owner, lessee, or lessor of the rehabilitated |
| 767 | real property must file an application under oath with the |
| 768 | governing body or enterprise zone development agency having |
| 769 | jurisdiction over the enterprise zone where the business is |
| 770 | located, as applicable. A single application for a refund may be |
| 771 | submitted for multiple, contiguous parcels that were part of a |
| 772 | single parcel that was divided as part of the rehabilitation of |
| 773 | the property. All other requirements of this paragraph apply to |
| 774 | each parcel on an individual basis. The application must |
| 775 | include: |
| 776 | a. The name and address of the person claiming the refund. |
| 777 | b. An address and assessment roll parcel number of the |
| 778 | rehabilitated real property for which a refund of previously |
| 779 | paid taxes is being sought. |
| 780 | c. A description of the improvements made to accomplish |
| 781 | the rehabilitation of the real property. |
| 782 | d. A copy of a valid building permit issued by the county |
| 783 | or municipal building department for the rehabilitation of the |
| 784 | real property. |
| 785 | e. A sworn statement, under penalty of perjury, from the |
| 786 | general contractor licensed in this state with whom the |
| 787 | applicant contracted to make the improvements necessary to |
| 788 | rehabilitate the real property, which lists the building |
| 789 | materials used to rehabilitate the real property, the actual |
| 790 | cost of the building materials, and the amount of sales tax paid |
| 791 | in this state on the building materials. If a general contractor |
| 792 | was not used, the applicant, not a general contractor, shall |
| 793 | make the sworn statement required by this sub-subparagraph. |
| 794 | Copies of the invoices that evidence the purchase of the |
| 795 | building materials used in the rehabilitation and the payment of |
| 796 | sales tax on the building materials must be attached to the |
| 797 | sworn statement provided by the general contractor or by the |
| 798 | applicant. Unless the actual cost of building materials used in |
| 799 | the rehabilitation of real property and the payment of sales |
| 800 | taxes is documented by a general contractor or by the applicant |
| 801 | in this manner, the cost of the building materials is deemed to |
| 802 | be an amount equal to 40 percent of the increase in assessed |
| 803 | value for ad valorem tax purposes. |
| 804 | f. The identifying number assigned pursuant to s. 290.0065 |
| 805 | to the enterprise zone in which the rehabilitated real property |
| 806 | is located. |
| 807 | g. A certification by the local building code inspector |
| 808 | that the improvements necessary to rehabilitate the real |
| 809 | property are substantially completed. |
| 810 | h. A statement of whether the business is a small business |
| 811 | as defined by s. 288.703(1). |
| 812 | i. If applicable, the name and address of each permanent |
| 813 | employee of the business, including, for each employee who is a |
| 814 | resident of an enterprise zone, the identifying number assigned |
| 815 | pursuant to s. 290.0065 to the enterprise zone in which the |
| 816 | employee resides. |
| 817 | 2. This exemption inures to a municipality, county, other |
| 818 | governmental unit or agency, or nonprofit community-based |
| 819 | organization through a refund of previously paid taxes if the |
| 820 | building materials used in the rehabilitation are paid for from |
| 821 | the funds of a community development block grant, State Housing |
| 822 | Initiatives Partnership Program, or similar grant or loan |
| 823 | program. To receive a refund, a municipality, county, other |
| 824 | governmental unit or agency, or nonprofit community-based |
| 825 | organization must file an application that includes the same |
| 826 | information required in subparagraph 1. In addition, the |
| 827 | application must include a sworn statement signed by the chief |
| 828 | executive officer of the municipality, county, other |
| 829 | governmental unit or agency, or nonprofit community-based |
| 830 | organization seeking a refund which states that the building |
| 831 | materials for which a refund is sought were funded by a |
| 832 | community development block grant, State Housing Initiatives |
| 833 | Partnership Program, or similar grant or loan program. |
| 834 | 3. Within 10 working days after receipt of an application, |
| 835 | the governing body or enterprise zone development agency shall |
| 836 | review the application to determine if it contains all the |
| 837 | information required by subparagraph 1. or subparagraph 2. and |
| 838 | meets the criteria set out in this paragraph. The governing body |
| 839 | or agency shall certify all applications that contain the |
| 840 | required information and are eligible to receive a refund. If |
| 841 | applicable, the governing body or agency shall also certify if |
| 842 | 20 percent of the employees of the business are residents of an |
| 843 | enterprise zone, excluding temporary and part-time employees. |
| 844 | The certification must be in writing, and a copy of the |
| 845 | certification shall be transmitted to the executive director of |
| 846 | the department. The applicant is responsible for forwarding a |
| 847 | certified application to the department within the time |
| 848 | specified in subparagraph 4. |
| 849 | 4. An application for a refund must be submitted to the |
| 850 | department within 6 months after the rehabilitation of the |
| 851 | property is deemed to be substantially completed by the local |
| 852 | building code inspector or by November 1 after the rehabilitated |
| 853 | property is first subject to assessment. |
| 854 | 5. Only one exemption through a refund of previously paid |
| 855 | taxes for the rehabilitation of real property is permitted for |
| 856 | any single parcel of property unless there is a change in |
| 857 | ownership, a new lessor, or a new lessee of the real property. A |
| 858 | refund may not be granted unless the amount to be refunded |
| 859 | exceeds $500. A refund may not exceed the lesser of 97 percent |
| 860 | of the Florida sales or use tax paid on the cost of the building |
| 861 | materials used in the rehabilitation of the real property as |
| 862 | determined pursuant to sub-subparagraph 1.e. or $5,000, or, if |
| 863 | at least 20 percent of the employees of the business are |
| 864 | residents of an enterprise zone, excluding temporary and part- |
| 865 | time employees, the amount of refund may not exceed the lesser |
| 866 | of 97 percent of the sales tax paid on the cost of the building |
| 867 | materials or $10,000. A refund shall be made within 30 days |
| 868 | after formal approval by the department of the application for |
| 869 | the refund. |
| 870 | 6. The department shall adopt rules governing the manner |
| 871 | and form of refund applications and may establish guidelines as |
| 872 | to the requisites for an affirmative showing of qualification |
| 873 | for exemption under this paragraph. |
| 874 | 7. The department shall deduct an amount equal to 10 |
| 875 | percent of each refund granted under this paragraph from the |
| 876 | amount transferred into the Local Government Half-cent Sales Tax |
| 877 | Clearing Trust Fund pursuant to s. 212.20 for the county area in |
| 878 | which the rehabilitated real property is located and shall |
| 879 | transfer that amount to the General Revenue Fund. |
| 880 | 8. For the purposes of the exemption provided in this |
| 881 | paragraph, the term: |
| 882 | a. "Building materials" means tangible personal property |
| 883 | that becomes a component part of improvements to real property. |
| 884 | b. "Real property" has the same meaning as provided in s. |
| 885 | 192.001(12), except that the term does not include a condominium |
| 886 | parcel or condominium property as defined in s. 718.103. |
| 887 | c. "Rehabilitation of real property" means the |
| 888 | reconstruction, renovation, restoration, rehabilitation, |
| 889 | construction, or expansion of improvements to real property. |
| 890 | d. "Substantially completed" has the same meaning as |
| 891 | provided in s. 192.042(1). |
| 892 | 9. This paragraph expires on the date specified in s. |
| 893 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 894 | Section 26. For the purpose of incorporating the amendment |
| 895 | made by this act to section 290.016, Florida Statutes, in a |
| 896 | reference thereto, subsection (12) of section 212.096, Florida |
| 897 | Statutes, is reenacted to read: |
| 898 | 212.096 Sales, rental, storage, use tax; enterprise zone |
| 899 | jobs credit against sales tax.- |
| 900 | (12) This section, except for subsection (11), expires on |
| 901 | the date specified in s. 290.016 for the expiration of the |
| 902 | Florida Enterprise Zone Act. |
| 903 | Section 27. For the purpose of incorporating the amendment |
| 904 | made by this act to section 290.016, Florida Statutes, in |
| 905 | references thereto, paragraph (c) of subsection (6) and |
| 906 | paragraph (c) of subsection (7) of section 220.02, Florida |
| 907 | Statutes, are reenacted to read: |
| 908 | 220.02 Legislative intent.- |
| 909 | (6) |
| 910 | (c) This subsection expires on the date specified in s. |
| 911 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 912 | (7) |
| 913 | (c) This subsection expires on the date specified in s. |
| 914 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 915 | Section 28. For the purpose of incorporating the amendment |
| 916 | made by this act to section 290.016, Florida Statutes, in |
| 917 | references thereto, subsection (1) of section 220.03, Florida |
| 918 | Statutes, is reenacted to read: |
| 919 | 220.03 Definitions.- |
| 920 | (1) SPECIFIC TERMS.-When used in this code, and when not |
| 921 | otherwise distinctly expressed or manifestly incompatible with |
| 922 | the intent thereof, the following terms shall have the following |
| 923 | meanings: |
| 924 | (a) "Ad valorem taxes paid" means 96 percent of property |
| 925 | taxes levied for operating purposes and does not include |
| 926 | interest, penalties, or discounts foregone. In addition, the |
| 927 | term "ad valorem taxes paid," for purposes of the credit in s. |
| 928 | 220.182, means the ad valorem tax paid on new or additional real |
| 929 | or personal property acquired to establish a new business or |
| 930 | facilitate a business expansion, including pollution and waste |
| 931 | control facilities, or any part thereof, and including one or |
| 932 | more buildings or other structures, machinery, fixtures, and |
| 933 | equipment. This paragraph expires on the date specified in s. |
| 934 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 935 | (b) "Affiliated group of corporations" means two or more |
| 936 | corporations which constitute an affiliated group of |
| 937 | corporations as defined in s. 1504(a) of the Internal Revenue |
| 938 | Code. |
| 939 | (c) "Business" or "business firm" means any business |
| 940 | entity authorized to do business in this state as defined in |
| 941 | paragraph (e), and any bank or savings and loan association as |
| 942 | defined in s. 220.62, subject to the tax imposed by the |
| 943 | provisions of this chapter. This paragraph expires on the date |
| 944 | specified in s. 290.016 for the expiration of the Florida |
| 945 | Enterprise Zone Act. |
| 946 | (d) "Community contribution" means the grant by a business |
| 947 | firm of any of the following items: |
| 948 | 1. Cash or other liquid assets. |
| 949 | 2. Real property. |
| 950 | 3. Goods or inventory. |
| 951 | 4. Other physical resources as identified by the |
| 952 | department. |
| 953 |
|
| 954 | This paragraph expires on the date specified in s. 290.016 for |
| 955 | the expiration of the Florida Enterprise Zone Act. |
| 956 | (e) "Corporation" includes all domestic corporations; |
| 957 | foreign corporations qualified to do business in this state or |
| 958 | actually doing business in this state; joint-stock companies; |
| 959 | limited liability companies, under chapter 608; common-law |
| 960 | declarations of trust, under chapter 609; corporations not for |
| 961 | profit, under chapter 617; agricultural cooperative marketing |
| 962 | associations, under chapter 618; professional service |
| 963 | corporations, under chapter 621; foreign unincorporated |
| 964 | associations, under chapter 622; private school corporations, |
| 965 | under chapter 623; foreign corporations not for profit which are |
| 966 | carrying on their activities in this state; and all other |
| 967 | organizations, associations, legal entities, and artificial |
| 968 | persons which are created by or pursuant to the statutes of this |
| 969 | state, the United States, or any other state, territory, |
| 970 | possession, or jurisdiction. The term "corporation" does not |
| 971 | include proprietorships, even if using a fictitious name; |
| 972 | partnerships of any type, as such; limited liability companies |
| 973 | that are taxable as partnerships for federal income tax |
| 974 | purposes; state or public fairs or expositions, under chapter |
| 975 | 616; estates of decedents or incompetents; testamentary trusts; |
| 976 | or private trusts. |
| 977 | (f) "Department" means the Department of Revenue of this |
| 978 | state. |
| 979 | (g) "Director" means the executive director of the |
| 980 | Department of Revenue and, when there has been an appropriate |
| 981 | delegation of authority, the executive director's delegate. |
| 982 | (h) "Earned," "accrued," "paid," or "incurred" shall be |
| 983 | construed according to the method of accounting upon the basis |
| 984 | of which a taxpayer's income is computed under this code. |
| 985 | (i) "Emergency," as used in s. 220.02 and in paragraph (u) |
| 986 | of this subsection, means occurrence of widespread or severe |
| 987 | damage, injury, or loss of life or property proclaimed pursuant |
| 988 | to s. 14.022 or declared pursuant to s. 252.36. This paragraph |
| 989 | expires on the date specified in s. 290.016 for the expiration |
| 990 | of the Florida Enterprise Zone Act. |
| 991 | (j) "Enterprise zone" means an area in the state |
| 992 | designated pursuant to s. 290.0065. This paragraph expires on |
| 993 | the date specified in s. 290.016 for the expiration of the |
| 994 | Florida Enterprise Zone Act. |
| 995 | (k) "Expansion of an existing business," for the purposes |
| 996 | of the enterprise zone property tax credit, means any business |
| 997 | entity authorized to do business in this state as defined in |
| 998 | paragraph (e), and any bank or savings and loan association as |
| 999 | defined in s. 220.62, subject to the tax imposed by the |
| 1000 | provisions of this chapter, located in an enterprise zone, which |
| 1001 | expands by or through additions to real and personal property |
| 1002 | and which establishes five or more new jobs to employ five or |
| 1003 | more additional full-time employees at such location. This |
| 1004 | paragraph expires on the date specified in s. 290.016 for the |
| 1005 | expiration of the Florida Enterprise Zone Act. |
| 1006 | (l) "Fiscal year" means an accounting period of 12 months |
| 1007 | or less ending on the last day of any month other than December |
| 1008 | or, in the case of a taxpayer with an annual accounting period |
| 1009 | of 52-53 weeks under s. 441(f) of the Internal Revenue Code, the |
| 1010 | period determined under that subsection. |
| 1011 | (m) "Includes" or "including," when used in a definition |
| 1012 | contained in this code, shall not be deemed to exclude other |
| 1013 | things otherwise within the meaning of the term defined. |
| 1014 | (n) "Internal Revenue Code" means the United States |
| 1015 | Internal Revenue Code of 1986, as amended and in effect on |
| 1016 | January 1, 2010, except as provided in subsection (3). |
| 1017 | (o) "Local government" means any county or incorporated |
| 1018 | municipality in the state. This paragraph expires on the date |
| 1019 | specified in s. 290.016 for the expiration of the Florida |
| 1020 | Enterprise Zone Act. |
| 1021 | (p) "New business," for the purposes of the enterprise |
| 1022 | zone property tax credit, means any business entity authorized |
| 1023 | to do business in this state as defined in paragraph (e), or any |
| 1024 | bank or savings and loan association as defined in s. 220.62, |
| 1025 | subject to the tax imposed by the provisions of this chapter, |
| 1026 | first beginning operations on a site located in an enterprise |
| 1027 | zone and clearly separate from any other commercial or |
| 1028 | industrial operations owned by the same entity, bank, or savings |
| 1029 | and loan association and which establishes five or more new jobs |
| 1030 | to employ five or more additional full-time employees at such |
| 1031 | location. This paragraph expires on the date specified in s. |
| 1032 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 1033 | (q) "New employee," for the purposes of the enterprise |
| 1034 | zone jobs credit, means a person residing in an enterprise zone |
| 1035 | or a participant in the welfare transition program who is |
| 1036 | employed at a business located in an enterprise zone who begins |
| 1037 | employment in the operations of the business after July 1, 1995, |
| 1038 | and who has not been previously employed full time within the |
| 1039 | preceding 12 months by the business or a successor business |
| 1040 | claiming the credit pursuant to s. 220.181. A person shall be |
| 1041 | deemed to be employed by such a business if the person performs |
| 1042 | duties in connection with the operations of the business on a |
| 1043 | full-time basis, provided she or he is performing such duties |
| 1044 | for an average of at least 36 hours per week each month. The |
| 1045 | person must be performing such duties at a business site located |
| 1046 | in an enterprise zone. This paragraph expires on the date |
| 1047 | specified in s. 290.016 for the expiration of the Florida |
| 1048 | Enterprise Zone Act. |
| 1049 | (r) "Nonbusiness income" means rents and royalties from |
| 1050 | real or tangible personal property, capital gains, interest, |
| 1051 | dividends, and patent and copyright royalties, to the extent |
| 1052 | that they do not arise from transactions and activities in the |
| 1053 | regular course of the taxpayer's trade or business. The term |
| 1054 | "nonbusiness income" does not include income from tangible and |
| 1055 | intangible property if the acquisition, management, and |
| 1056 | disposition of the property constitute integral parts of the |
| 1057 | taxpayer's regular trade or business operations, or any amounts |
| 1058 | which could be included in apportionable income without |
| 1059 | violating the due process clause of the United States |
| 1060 | Constitution. For purposes of this definition, "income" means |
| 1061 | gross receipts less all expenses directly or indirectly |
| 1062 | attributable thereto. Functionally related dividends are |
| 1063 | presumed to be business income. |
| 1064 | (s) "Partnership" includes a syndicate, group, pool, joint |
| 1065 | venture, or other unincorporated organization through or by |
| 1066 | means of which any business, financial operation, or venture is |
| 1067 | carried on, including a limited partnership; and the term |
| 1068 | "partner" includes a member having a capital or a profits |
| 1069 | interest in a partnership. |
| 1070 | (t) "Project" means any activity undertaken by an eligible |
| 1071 | sponsor, as defined in s. 220.183(2)(c), which is designed to |
| 1072 | construct, improve, or substantially rehabilitate housing that |
| 1073 | is affordable to low-income or very-low-income households as |
| 1074 | defined in s. 420.9071(19) and (28); designed to provide |
| 1075 | commercial, industrial, or public resources and facilities; or |
| 1076 | designed to improve entrepreneurial and job-development |
| 1077 | opportunities for low-income persons. A project may be the |
| 1078 | investment necessary to increase access to high-speed broadband |
| 1079 | capability in rural communities with enterprise zones, including |
| 1080 | projects that result in improvements to communications assets |
| 1081 | that are owned by a business. A project may include the |
| 1082 | provision of museum educational programs and materials that are |
| 1083 | directly related to any project approved between January 1, |
| 1084 | 1996, and December 31, 1999, and located in an enterprise zone |
| 1085 | designated pursuant to s. 290.0065. This paragraph does not |
| 1086 | preclude projects that propose to construct or rehabilitate low- |
| 1087 | income or very-low-income housing on scattered sites. With |
| 1088 | respect to housing, contributions may be used to pay the |
| 1089 | following eligible project-related activities: |
| 1090 | 1. Project development, impact, and management fees for |
| 1091 | low-income or very-low-income housing projects; |
| 1092 | 2. Down payment and closing costs for eligible persons, as |
| 1093 | defined in s. 420.9071(19) and (28); |
| 1094 | 3. Administrative costs, including housing counseling and |
| 1095 | marketing fees, not to exceed 10 percent of the community |
| 1096 | contribution, directly related to low-income or very-low-income |
| 1097 | projects; and |
| 1098 | 4. Removal of liens recorded against residential property |
| 1099 | by municipal, county, or special-district local governments when |
| 1100 | satisfaction of the lien is a necessary precedent to the |
| 1101 | transfer of the property to an eligible person, as defined in s. |
| 1102 | 420.9071(19) and (28), for the purpose of promoting home |
| 1103 | ownership. Contributions for lien removal must be received from |
| 1104 | a nonrelated third party. |
| 1105 |
|
| 1106 | The provisions of this paragraph shall expire and be void on |
| 1107 | June 30, 2015. |
| 1108 | (u) "Rebuilding of an existing business" means replacement |
| 1109 | or restoration of real or tangible property destroyed or damaged |
| 1110 | in an emergency, as defined in paragraph (i), after July 1, |
| 1111 | 1995, in an enterprise zone, by a business entity authorized to |
| 1112 | do business in this state as defined in paragraph (e), or a bank |
| 1113 | or savings and loan association as defined in s. 220.62, subject |
| 1114 | to the tax imposed by the provisions of this chapter, located in |
| 1115 | the enterprise zone. This paragraph expires on the date |
| 1116 | specified in s. 290.016 for the expiration of the Florida |
| 1117 | Enterprise Zone Act. |
| 1118 | (v) "Regulations" includes rules promulgated, and forms |
| 1119 | prescribed, by the department. |
| 1120 | (w) "Returns" includes declarations of estimated tax |
| 1121 | required under this code. |
| 1122 | (x) "State," when applied to a jurisdiction other than |
| 1123 | Florida, means any state of the United States, the District of |
| 1124 | Columbia, the Commonwealth of Puerto Rico, any territory or |
| 1125 | possession of the United States, and any foreign country, or any |
| 1126 | political subdivision of any of the foregoing. |
| 1127 | (y) "Taxable year" means the calendar or fiscal year upon |
| 1128 | the basis of which net income is computed under this code, |
| 1129 | including, in the case of a return made for a fractional part of |
| 1130 | a year, the period for which such return is made. |
| 1131 | (z) "Taxpayer" means any corporation subject to the tax |
| 1132 | imposed by this code, and includes all corporations for which a |
| 1133 | consolidated return is filed under s. 220.131. However, |
| 1134 | "taxpayer" does not include a corporation having no individuals |
| 1135 | (including individuals employed by an affiliate) receiving |
| 1136 | compensation in this state as defined in s. 220.15 when the only |
| 1137 | property owned or leased by said corporation (including an |
| 1138 | affiliate) in this state is located at the premises of a printer |
| 1139 | with which it has contracted for printing, if such property |
| 1140 | consists of the final printed product, property which becomes a |
| 1141 | part of the final printed product, or property from which the |
| 1142 | printed product is produced. |
| 1143 | (aa) "Functionally related dividends" include the |
| 1144 | following types of dividends: |
| 1145 | 1. Those received from a subsidiary of which the voting |
| 1146 | stock is more than 50 percent owned or controlled by the |
| 1147 | taxpayer or members of its affiliated group and which is engaged |
| 1148 | in the same general line of business. |
| 1149 | 2. Those received from any corporation which is either a |
| 1150 | significant source of supply for the taxpayer or its affiliated |
| 1151 | group or a significant purchaser of the output of the taxpayer |
| 1152 | or its affiliated group, or which sells a significant part of |
| 1153 | its output or obtains a significant part of its raw materials or |
| 1154 | input from the taxpayer or its affiliated group. "Significant" |
| 1155 | means an amount of 15 percent or more. |
| 1156 | 3. Those resulting from the investment of working capital |
| 1157 | or some other purpose in furtherance of the taxpayer or its |
| 1158 | affiliated group. |
| 1159 |
|
| 1160 | However, dividends not otherwise subject to tax under this |
| 1161 | chapter are excluded. |
| 1162 | (bb) "Child care facility startup costs" means |
| 1163 | expenditures for substantial renovation, equipment, including |
| 1164 | playground equipment and kitchen appliances and cooking |
| 1165 | equipment, real property, including land and improvements, and |
| 1166 | for reduction of debt, made in connection with a child care |
| 1167 | facility as defined by s. 402.302, or any facility providing |
| 1168 | daily care to children who are mildly ill, which is located in |
| 1169 | this state on the taxpayer's premises and used by the employees |
| 1170 | of the taxpayer. |
| 1171 | (cc) "Operation of a child care facility" means operation |
| 1172 | of a child care facility as defined by s. 402.302, or any |
| 1173 | facility providing daily care to children who are mildly ill, |
| 1174 | which is located in this state within 5 miles of at least one |
| 1175 | place of business of the taxpayer and which is used by the |
| 1176 | employees of the taxpayer. |
| 1177 | (dd) "Citrus processing company" means a corporation |
| 1178 | which, during the 60-month period ending on December 31, 1997, |
| 1179 | had derived more than 50 percent of its total gross receipts |
| 1180 | from the processing of citrus products and the manufacture of |
| 1181 | juices. |
| 1182 | (ee) "New job has been created" means that, on the date of |
| 1183 | application, the total number of full-time jobs is greater than |
| 1184 | the total was 12 months prior to that date, as demonstrated to |
| 1185 | the department by a business located in the enterprise zone. |
| 1186 | (ff) "Job" means a full-time position, as consistent with |
| 1187 | terms used by the Agency for Workforce Innovation and the United |
| 1188 | States Department of Labor for purposes of unemployment |
| 1189 | compensation tax administration and employment estimation |
| 1190 | resulting directly from business operations in this state. The |
| 1191 | term may not include a temporary construction job involved with |
| 1192 | the construction of facilities or any job that has previously |
| 1193 | been included in any application for tax credits under s. |
| 1194 | 212.096. The term also includes employment of an employee leased |
| 1195 | from an employee leasing company licensed under chapter 468 if |
| 1196 | the employee has been continuously leased to the employer for an |
| 1197 | average of at least 36 hours per week for more than 6 months. |
| 1198 | Section 29. For the purpose of incorporating the amendment |
| 1199 | made by this act to section 290.016, Florida Statutes, in |
| 1200 | references thereto, paragraph (a) of subsection (1) of section |
| 1201 | 220.13, Florida Statutes, is reenacted to read: |
| 1202 | 220.13 "Adjusted federal income" defined.- |
| 1203 | (1) The term "adjusted federal income" means an amount |
| 1204 | equal to the taxpayer's taxable income as defined in subsection |
| 1205 | (2), or such taxable income of more than one taxpayer as |
| 1206 | provided in s. 220.131, for the taxable year, adjusted as |
| 1207 | follows: |
| 1208 | (a) Additions.-There shall be added to such taxable |
| 1209 | income: |
| 1210 | 1. The amount of any tax upon or measured by income, |
| 1211 | excluding taxes based on gross receipts or revenues, paid or |
| 1212 | accrued as a liability to the District of Columbia or any state |
| 1213 | of the United States which is deductible from gross income in |
| 1214 | the computation of taxable income for the taxable year. |
| 1215 | 2. The amount of interest which is excluded from taxable |
| 1216 | income under s. 103(a) of the Internal Revenue Code or any other |
| 1217 | federal law, less the associated expenses disallowed in the |
| 1218 | computation of taxable income under s. 265 of the Internal |
| 1219 | Revenue Code or any other law, excluding 60 percent of any |
| 1220 | amounts included in alternative minimum taxable income, as |
| 1221 | defined in s. 55(b)(2) of the Internal Revenue Code, if the |
| 1222 | taxpayer pays tax under s. 220.11(3). |
| 1223 | 3. In the case of a regulated investment company or real |
| 1224 | estate investment trust, an amount equal to the excess of the |
| 1225 | net long-term capital gain for the taxable year over the amount |
| 1226 | of the capital gain dividends attributable to the taxable year. |
| 1227 | 4. That portion of the wages or salaries paid or incurred |
| 1228 | for the taxable year which is equal to the amount of the credit |
| 1229 | allowable for the taxable year under s. 220.181. This |
| 1230 | subparagraph shall expire on the date specified in s. 290.016 |
| 1231 | for the expiration of the Florida Enterprise Zone Act. |
| 1232 | 5. That portion of the ad valorem school taxes paid or |
| 1233 | incurred for the taxable year which is equal to the amount of |
| 1234 | the credit allowable for the taxable year under s. 220.182. This |
| 1235 | subparagraph shall expire on the date specified in s. 290.016 |
| 1236 | for the expiration of the Florida Enterprise Zone Act. |
| 1237 | 6. The amount of emergency excise tax paid or accrued as a |
| 1238 | liability to this state under chapter 221 which tax is |
| 1239 | deductible from gross income in the computation of taxable |
| 1240 | income for the taxable year. |
| 1241 | 7. That portion of assessments to fund a guaranty |
| 1242 | association incurred for the taxable year which is equal to the |
| 1243 | amount of the credit allowable for the taxable year. |
| 1244 | 8. In the case of a nonprofit corporation which holds a |
| 1245 | pari-mutuel permit and which is exempt from federal income tax |
| 1246 | as a farmers' cooperative, an amount equal to the excess of the |
| 1247 | gross income attributable to the pari-mutuel operations over the |
| 1248 | attributable expenses for the taxable year. |
| 1249 | 9. The amount taken as a credit for the taxable year under |
| 1250 | s. 220.1895. |
| 1251 | 10. Up to nine percent of the eligible basis of any |
| 1252 | designated project which is equal to the credit allowable for |
| 1253 | the taxable year under s. 220.185. |
| 1254 | 11. The amount taken as a credit for the taxable year |
| 1255 | under s. 220.1875. The addition in this subparagraph is intended |
| 1256 | to ensure that the same amount is not allowed for the tax |
| 1257 | purposes of this state as both a deduction from income and a |
| 1258 | credit against the tax. This addition is not intended to result |
| 1259 | in adding the same expense back to income more than once. |
| 1260 | 12. The amount taken as a credit for the taxable year |
| 1261 | under s. 220.192. |
| 1262 | 13. The amount taken as a credit for the taxable year |
| 1263 | under s. 220.193. |
| 1264 | 14. Any portion of a qualified investment, as defined in |
| 1265 | s. 288.9913, which is claimed as a deduction by the taxpayer and |
| 1266 | taken as a credit against income tax pursuant to s. 288.9916. |
| 1267 | 15. The costs to acquire a tax credit pursuant to s. |
| 1268 | 288.1254(5) that are deducted from or otherwise reduce federal |
| 1269 | taxable income for the taxable year. |
| 1270 | Section 30. For the purpose of incorporating the amendment |
| 1271 | made by this act to section 290.016, Florida Statutes, in a |
| 1272 | reference thereto, subsection (9) of section 220.181, Florida |
| 1273 | Statutes, is reenacted to read: |
| 1274 | 220.181 Enterprise zone jobs credit.- |
| 1275 | (9) This section, except paragraph (1)(c) and subsection |
| 1276 | (8), expires on the date specified in s. 290.016 for the |
| 1277 | expiration of the Florida Enterprise Zone Act, and a business |
| 1278 | may not begin claiming the enterprise zone jobs credit after |
| 1279 | that date; however, the expiration of this section does not |
| 1280 | affect the operation of any credit for which a business has |
| 1281 | qualified under this section before that date, or any |
| 1282 | carryforward of unused credit amounts as provided in paragraph |
| 1283 | (1)(c). |
| 1284 | Section 31. For the purpose of incorporating the amendment |
| 1285 | made by this act to section 290.016, Florida Statutes, in a |
| 1286 | reference thereto, subsection (14) of section 220.182, Florida |
| 1287 | Statutes, is reenacted to read: |
| 1288 | 220.182 Enterprise zone property tax credit.- |
| 1289 | (14) This section expires on the date specified in s. |
| 1290 | 290.016 for the expiration of the Florida Enterprise Zone Act, |
| 1291 | and a business may not begin claiming the enterprise zone |
| 1292 | property tax credit after that date; however, the expiration of |
| 1293 | this section does not affect the operation of any credit for |
| 1294 | which a business has qualified under this section before that |
| 1295 | date, or any carryforward of unused credit amounts as provided |
| 1296 | in paragraph (1)(b). |
| 1297 | Section 32. This act shall take effect July 1, 2011. |