Florida Senate - 2011                                     SB 268
       
       
       
       By Senator Bullard
       
       
       
       
       39-00101-11                                            2011268__
    1                        A bill to be entitled                      
    2         An act relating to super enterprise zones; amending s.
    3         212.02, F.S.; defining the term “certified business”
    4         for purposes of a tax exemption provided to certain
    5         businesses located within a super enterprise zone;
    6         providing for future expiration; amending s. 212.08,
    7         F.S.; providing a tax exemption for certain property
    8         purchased for use or consumption by businesses in a
    9         super enterprise zone and for retail sales made by
   10         certified businesses in a super enterprise zone;
   11         providing an exception; specifying periods for
   12         applying the exemptions for certain businesses;
   13         providing for future expiration of the exemption;
   14         amending s. 290.0056, F.S.; providing additional
   15         responsibilities of an enterprise zone development
   16         agency relating to super enterprise zones; requiring
   17         an economic impact report; providing for future
   18         expiration; amending s. 290.0057, F.S.; applying
   19         requirements for an enterprise zone development plan
   20         to super enterprise zones; creating s. 290.00681,
   21         F.S.; requiring the Office of Tourism, Trade, and
   22         Economic Development to designate specified areas in
   23         Miami-Dade, Lee, and Collier Counties as pilot project
   24         super enterprise zones for a certain period; providing
   25         qualification criteria; providing application
   26         requirements; providing for future expiration and
   27         revocation of the designations; creating s. 290.00682,
   28         F.S.; providing requirements for qualification as a
   29         certified business for purposes of the sales tax
   30         exemption; authorizing a local enterprise zone
   31         development agency to certify businesses; requiring
   32         the agency to provide lists of certified businesses;
   33         providing for disqualifying certified businesses under
   34         certain circumstances; providing for future expiration
   35         and revocation of certifications; amending s. 290.007,
   36         F.S.; specifying incentives for the revitalization of
   37         super enterprise zones; requiring interim and final
   38         reviews of super enterprise zones by the Office of
   39         Program Policy Analysis and Government Accountability;
   40         providing review criteria; requiring reports to the
   41         Legislature; providing an effective date.
   42  
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Subsection (35) is added to section 212.02,
   46  Florida Statutes, to read:
   47         212.02 Definitions.—The following terms and phrases when
   48  used in this chapter have the meanings ascribed to them in this
   49  section, except where the context clearly indicates a different
   50  meaning:
   51         (35) “Certified business” means a business that is located
   52  in a super enterprise zone and certified under s. 290.00682.
   53  This subsection expires June 30, 2024.
   54         Section 2. Subsection (19) is added to section 212.08,
   55  Florida Statutes, to read:
   56         212.08 Sales, rental, use, consumption, distribution, and
   57  storage tax; specified exemptions.—The sale at retail, the
   58  rental, the use, the consumption, the distribution, and the
   59  storage to be used or consumed in this state of the following
   60  are hereby specifically exempt from the tax imposed by this
   61  chapter.
   62         (19) EXEMPTIONS; SUPER ENTERPRISE ZONES.—
   63         (a) The tax imposed by this chapter does not apply to:
   64         1. Tangible personal property purchased by a certified
   65  business for the exclusive use or consumption of that business
   66  within a super enterprise zone; or
   67         2. Retail sales of tangible personal property made by a
   68  certified business from a place of business that is owned or
   69  leased and operated by the business for the purpose of making
   70  retail sales and that is located in a super enterprise zone. The
   71  exemption provided by this subparagraph does not apply to the
   72  retail sale of any item having a price greater than $1,000. In
   73  order to qualify for the exemption under this subparagraph, the
   74  purchaser must take possession of the qualified item within the
   75  super enterprise zone or the qualified item must be shipped from
   76  inside the super enterprise zone; however, the item may be
   77  shipped to any location. For purposes of this section, each
   78  qualified sale made by a certified business that is located in a
   79  super enterprise zone shall be deemed to have occurred within
   80  the super enterprise zone regardless of where the transfer of
   81  title or possession takes place.
   82         (b) Notwithstanding paragraph (a), a new business
   83  established in a super enterprise zone and certified on or after
   84  July 1, 2012, pursuant to s. 290.00682, is eligible for the
   85  exemptions provided under this subsection for a period not to
   86  exceed 10 years immediately following such certification. For an
   87  existing business located in a super enterprise zone and
   88  certified on or after July 1, 2012, the exemptions provided
   89  under this subsection are available for a period not to exceed 5
   90  years, beginning in the year in which the business receives its
   91  initial certification and continuing for up to 5 years
   92  immediately following such certification.
   93         (c) This subsection expires June 30, 2024.
   94         Section 3. Paragraph (i) is added to subsection (8) of
   95  section 290.0056, Florida Statutes, present paragraph (f) of
   96  subsection (11) of that section is redesignated as paragraph
   97  (g), and a new paragraph (f) is added to that subsection, to
   98  read:
   99         290.0056 Enterprise zone development agency.—
  100         (8) The enterprise zone development agency shall have the
  101  following powers and responsibilities:
  102         (i)1. To recommend and submit an application to the office
  103  for the designation of a super enterprise zone.
  104         2. To coordinate with the local governmental entity for the
  105  exemptions from the sales and use tax provided under s.
  106  212.08(19).
  107  
  108  Notwithstanding section 11 of chapter 2005-287, Laws of Florida,
  109  this paragraph expires June 30, 2024.
  110         (11) Prior to December 1 of each year, the agency shall
  111  submit to the Office of Tourism, Trade, and Economic Development
  112  a complete and detailed written report setting forth:
  113         (f) The economic impact of a super enterprise zone, if
  114  applicable, including:
  115         1. A list of each certified business and whether the
  116  business is new or the location from which the business
  117  relocated.
  118         2. The number of jobs created.
  119         3. The percentage of employees who are employed by
  120  certified businesses and who reside in the super enterprise zone
  121  or in an enterprise zone within the same county.
  122         4. The extent of capital investment by certified businesses
  123  within the zone.
  124         5. The success of the super enterprise zone as measured by
  125  the strategic plan and methods identified in s. 290.0057(1)(i).
  126  
  127  Notwithstanding section 11 of chapter 2005-287, Laws of Florida,
  128  this paragraph expires June 30, 2023.
  129         Section 4. Subsection (1) of section 290.0057, Florida
  130  Statutes, is amended to read:
  131         290.0057 Enterprise zone development plan.—
  132         (1) Any application for designation as a new enterprise
  133  zone or super enterprise zone must be accompanied by a strategic
  134  plan adopted by the governing body of the municipality or
  135  county, or the governing bodies of the county and one or more
  136  municipalities together. At a minimum, the plan must:
  137         (a) Briefly describe the community’s goals for revitalizing
  138  the area.
  139         (b) Describe the ways in which the community’s approaches
  140  to economic development, social and human services,
  141  transportation, housing, community development, public safety,
  142  and educational and environmental concerns will be addressed in
  143  a coordinated fashion, and explain how these linkages support
  144  the community’s goals.
  145         (c) Identify and describe key community goals and the
  146  barriers that restrict the community from achieving these goals,
  147  including a description of poverty and general distress,
  148  barriers to economic opportunity and development, and barriers
  149  to human development.
  150         (d) Describe the process by which the affected community is
  151  a full partner in the process of developing and implementing the
  152  plan and the extent to which local institutions and
  153  organizations have contributed to the planning process.
  154         (e) Commit the governing body or bodies to enact and
  155  maintain local fiscal and regulatory incentives, if approval for
  156  the area is received under s. 290.0065. These incentives may
  157  include the municipal public service tax exemption provided by
  158  s. 166.231, the economic development ad valorem tax exemption
  159  provided by s. 196.1995, the business tax exemption provided by
  160  s. 205.054, local impact fee abatement or reduction, or low
  161  interest or interest-free loans or grants to businesses to
  162  encourage the revitalization of the nominated area.
  163         (f) Identify the amount of local and private resources that
  164  will be available in the nominated area and the private-public
  165  private/public partnerships to be used, which may include
  166  participation by, and cooperation with, universities, community
  167  colleges, small business development centers, black business
  168  investment corporations, certified development corporations, and
  169  other private and public entities.
  170         (g) Indicate how state enterprise zone tax incentives and
  171  state, local, and federal resources will be used utilized within
  172  the nominated area.
  173         (h) Identify the funding requested under any state or
  174  federal program in support of the proposed economic, human,
  175  community, and physical development and related activities.
  176         (i) Identify baselines, methods, and benchmarks for
  177  measuring the success of carrying out the strategic plan.
  178         Section 5. Sections 290.00681 and 290.00682, Florida
  179  Statutes, are created to read:
  180         290.00681 Super enterprise zone pilot project; designation;
  181  future expiration and revocation.—
  182         (1) The Office of Tourism, Trade, and Economic Development
  183  shall designate six areas in the state as super enterprise zones
  184  for a 10-year period. These areas shall serve as a pilot project
  185  for this program. Specifically, the area in Miami-Dade County
  186  bordered by Northwest 23rd Street to the north, Northwest 5th
  187  Street to the south, Northeast 1st Avenue to the east, and
  188  Northwest 8th Avenue to the west; the area of Overtown in Miami
  189  Dade County; the incorporated area of the City of Ft. Myers in
  190  Lee County; and the area of Immokalee in Collier County shall be
  191  designated as super enterprise zones. In order to qualify as a
  192  super enterprise zone, an area must:
  193         (a) Be located in an enterprise zone and be no larger than
  194  3 contiguous square miles.
  195         (b) Have an average unemployment rate four times greater
  196  than the state average.
  197         (c) Have a minimum of 40 percent of residents living below
  198  the federal poverty level.
  199         (d) Have general distress of business and residential
  200  property such that the local governing body by resolution has
  201  determined that the buildings are substandard, unsafe,
  202  unsanitary, dilapidated, or obsolete, or any combination of such
  203  conditions, and are detrimental to the safety, health, and
  204  welfare of the community.
  205         (e) Demonstrate evidence of significant job loss or
  206  dislocation in the area.
  207  
  208  In determining whether an area meets the criteria of this
  209  subsection for unemployment, poverty, and general distress, the
  210  office shall use data from the most current decennial census and
  211  from information published by the Bureau of the Census and the
  212  Bureau of Labor Statistics. The data shall be comparable in
  213  point or period of time and methodology employed.
  214         (2) Any application for designation as a super enterprise
  215  zone must:
  216         (a) Briefly describe the community’s goals for revitalizing
  217  the area and include a development plan.
  218         (b) Describe the ways in which the community’s approach to
  219  economic development, social and human services, transportation,
  220  housing, community development, public safety, and educational
  221  and environmental concerns will be addressed in a coordinated
  222  fashion and explain how these linkages support the community’s
  223  goals.
  224         (c) Identify and describe key community goals and the
  225  barriers that restrict the community from achieving these goals.
  226         (d) Identify the amount of local and private support and
  227  resources that will be available.
  228         (e) Identify baselines, methods, and benchmarks for
  229  measuring success.
  230         (f) Include written approval from any associated county
  231  office and mayor’s office.
  232         (3) This section expires June 30, 2024, and any designation
  233  made pursuant to this section shall be revoked on that date.
  234         290.00682 Super enterprise zones; business certification.—
  235         (1) A certified business is eligible for the tax exemptions
  236  provided in s. 212.08(19). In order to qualify as a certified
  237  business, receive an exemption certificate, and continue to
  238  receive the tax exemptions provided in s. 212.08(19), a business
  239  must:
  240         (a) File an application for certification with the local
  241  enterprise zone development agency. The application shall be
  242  filed by September 1 preceding the calendar year for which the
  243  business is seeking an exemption.
  244         (b) Operate and be located within a designated super
  245  enterprise zone.
  246         (c) Create new employment within the super enterprise zone
  247  while not causing unemployment elsewhere in the state.
  248         (d) Certify to the best of the business’s knowledge that
  249  the business has no delinquent federal or state tax obligations.
  250         (e) Demonstrate that no fewer than 20 percent of its
  251  employees are residents of the designated super enterprise zone
  252  or an enterprise zone located within the same county. The
  253  employment requirement may be waived by the local enterprise
  254  zone development agency for good cause.
  255         (2) A local enterprise zone development agency may certify
  256  a business as eligible for the exemptions under s. 212.08(19)
  257  annually if the business meets the requirements in subsection
  258  (1). Each local enterprise zone development agency shall
  259  annually provide a list of new and existing certified businesses
  260  to the local governmental entity, the office, and the Department
  261  of Revenue. The Department of Revenue shall annually issue a tax
  262  exemption certificate to each business holding an exemption
  263  certificate issued by the local enterprise zone development
  264  agency. The certificate remains in effect for 1 calendar year.
  265         (3) A local enterprise zone development agency may
  266  disqualify a certified business at any time if the business
  267  fails to meet the requirements of subsection (1). A business
  268  that makes a fraudulent claim under this section for tax
  269  exemptions provided in s. 212.08(19) is liable for the payment
  270  of the tax due, together with the penalties set forth in s.
  271  212.085, and as otherwise provided by law.
  272         (4) This section expires June 30, 2024, and any
  273  certification made pursuant to this section shall be revoked on
  274  that date.
  275         Section 6. Section 290.007, Florida Statutes, is amended to
  276  read:
  277         290.007 State incentives available in enterprise zones and
  278  super enterprise zones.—
  279         (1) The following incentives are provided by the state to
  280  encourage the revitalization of enterprise zones:
  281         (a)(1) The enterprise zone jobs credit provided in s.
  282  220.181.
  283         (b)(2) The enterprise zone property tax credit provided in
  284  s. 220.182.
  285         (c)(3) The community contribution tax credits provided in
  286  ss. 212.08, 220.183, and 624.5105.
  287         (d)(4) The sales tax exemption for building materials used
  288  in the rehabilitation of real property in enterprise zones
  289  provided in s. 212.08(5)(g).
  290         (e)(5) The sales tax exemption for business equipment used
  291  in an enterprise zone provided in s. 212.08(5)(h).
  292         (f)(6) The sales tax exemption for electrical energy used
  293  in an enterprise zone provided in s. 212.08(15).
  294         (g)(7) The enterprise zone jobs credit against the sales
  295  tax provided in s. 212.096.
  296         (h)(8) Notwithstanding any law to the contrary, the Public
  297  Service Commission may allow public utilities and
  298  telecommunications companies to grant discounts of up to 50
  299  percent on tariffed rates for services to small businesses
  300  located in an enterprise zone designated pursuant to s.
  301  290.0065. Such discounts may be granted for a period not to
  302  exceed 5 years. For purposes of this paragraph subsection, the
  303  term “public utility” has the same meaning as in s. 366.02(1)
  304  and the term “telecommunications company” has the same meaning
  305  as in s. 364.02(14).
  306         (2) The following incentives are provided by the state to
  307  encourage the revitalization of super enterprise zones:
  308         (a) The sales tax exemption for certified businesses
  309  provided in s. 212.08(19)(a)1.
  310         (b) The sales tax exemption for retail sales by certified
  311  businesses provided in s. 212.08(19)(a)2.
  312         Section 7. Before the 2018 Regular Session of the
  313  Legislature, the Office of Program Policy Analysis and
  314  Government Accountability shall conduct an interim review and
  315  evaluation of the effectiveness and viability of the super
  316  enterprise zones designated under s. 290.00681, Florida
  317  Statutes. The office shall specifically evaluate whether relief
  318  from the specified taxes caused or induced new investment and
  319  development in the super enterprise zones; increased the number
  320  of jobs created or retained in the super enterprise zones;
  321  caused or induced the renovation, rehabilitation, restoration,
  322  improvement, or new construction of businesses or housing within
  323  the super enterprise zones; or contributed to the economic
  324  viability and profitability of business and commerce located
  325  within the super enterprise zones. The office shall submit a
  326  report of its findings and recommendations to the President of
  327  the Senate and the Speaker of the House of Representatives by
  328  December 1, 2017. In 2023, the office shall conduct a final
  329  review in accordance with this section and make a final report
  330  to the President of the Senate and the Speaker of the House of
  331  Representatives by December 1 of that year.
  332         Section 8. This act shall take effect July 1, 2011.