[Footnote 1] 290.0065 State designation of
enterprise zones. ---
(1) Upon application of the governing body of a county or
municipality or of a county and one or more municipalities jointly pursuant to
s. 290.0055, the department, in consultation with the interagency coordinating
council, shall determine which areas nominated by such governing bodies meet
the criteria outlined in s. 290.0055 and are the most appropriate for
designation as state enterprise zones. The department is authorized to
designate up to 5 areas within each of the categories established in
subparagraphs (3)(a)1., 2., 3., 4., and 5., except that the department may
only designate a total of 20 areas as enterprise zones. The department shall
not designate more than three enterprise zones in any one county. All
designations, including any provision for redesignations, of state enterprise
zones pursuant to this section shall be effective July 1, 1995.
(2) Each application made pursuant to s. 290.0055 shall be ranked
competitively within the appropriate category established pursuant to
subsection (3) based on the pervasive poverty, unemployment, and general
distress of the area; the strategic plan, including local fiscal and
regulatory incentives, prepared pursuant to s. 290.0057; and the prospects for
new investment and economic development in the area. Pervasive poverty,
unemployment, and general distress shall be weighted 35 percent; strategic
plan and local fiscal and regulatory incentives shall be weighted 40 percent;
and prospects for new investment and economic development in the area shall be
weighted 25 percent.
(3)
(a) Each area designated as an enterprise zone pursuant to this
section shall be placed in one of the following categories based on the 1990
census:
1. Communities consisting of census tracts in areas having a total
population of 150,000 persons or more.
2. Communities consisting of census tracts in areas having a total
population of 50,000 persons or more but less than 150,000 persons.
3. Communities having a population of 20,000 persons or more but
less than 50,000 persons.
4. Communities having a population of 7,500 persons or more but less
than 20,000 persons.
5. Communities having a population of less than 7,500
persons.
(b) Any area authorized to be an enterprise zone by both a county and
a municipality shall be placed in the appropriate category established under
paragraph (a) in which an application by the municipality would have been
considered if the municipality had acted alone, if at least 60 percent of the
population of the area authorized to be an enterprise zone resides within the
municipality. An area authorized to be an enterprise zone by a county and one
or more municipalities shall be placed in the category in which an application
by the municipality with the highest percentage of residents in such area
would have been considered if such municipality had authorized the area to be
an enterprise zone. An area authorized to be an enterprise zone by a county as
defined by s. 125.011(1) shall be placed in the category in which an
application by the municipality in which the area is located would have been
considered if the municipality had authorized such area to be an enterprise
zone. An area authorized to be an enterprise zone by a county as defined by s.
125.011(1) which area is located in two or more municipalities shall be placed
in the category in which an application by the municipality with the highest
percentage of residents in such area would have been considered if such
municipality had authorized such area to be an enterprise
zone.
(4)
(a) Notwithstanding s. 290.0055, any area existing as a state
enterprise zone as of the effective date of this section and originally
approved through a joint application from a county and municipality, or
through an application from a county as defined in s. 125.011(1), shall be
redesignated as a state enterprise zone upon the creation of an enterprise
zone development agency pursuant to s. 290.0056 and the completion of a
strategic plan pursuant to s. 290.0057. Any area redesignated pursuant to
this subsection, other than an area located in a county defined in s.
125.011(1), may be relocated or modified by the appropriate governmental
bodies. Such relocation or modification shall be identified in the strategic
plan and shall meet the requirements for designation as established by s.
290.005. Any relocation or modification shall be submitted on or before June
1, 1996.
(b) The department shall place any area designated as a state
enterprise zone pursuant to this subsection in the appropriate category
established in subsection (3), and include such designations within the
limitations on state enterprise zone designations set out in subsection
(1).
(c) Any county or municipality having jurisdiction over an area
designated as a state enterprise zone pursuant to this subsection, other than
a county defined by s. 125.011(1), may not apply for designation of another
area.
(5) Notwithstanding s. 290.0055, an area designated as a federal
empowerment zone or enterprise community pursuant to Title XIII of the Omnibus
Budget Reconciliation Act of 1993 shall be designated a state enterprise zone
as follows:
(a) An area designated as an urban empowerment zone or urban
enterprise community pursuant to Title XIII of the Omnibus Budget
Reconciliation Act of 1993 shall be designated a state enterprise zone by the
department upon completion of the requirements set out in paragraph (d),
except in the case of a county as defined in s. 125.011(1) which,
notwithstanding s. 290.0055, may incorporate and include such designated urban
empowerment zone or urban enterprise community areas within the boundaries of
its state enterprise zones without any limitation as to size.
(b) An area designated as a rural empowerment zone or rural
enterprise community pursuant to Title XIII of the Omnibus Budget
Reconciliation Act of 1993 shall be designated a state enterprise zone by the
department upon completion of the requirements set out in paragraph (d).
(c) Any county or municipality having jurisdiction over an area
designated as a state enterprise zone pursuant to this subsection, other than
a county defined in s. 125.011(1), may not apply for designation of another
area.
(d) Prior to designating such areas as state enterprise zones, the
department shall ensure that the governing body having jurisdiction over the
zone submits the strategic plan required pursuant to 7 C.F.R. part 25 or 24
C.F.R. part 597 to the department, and creates an enterprise zone development
agency pursuant to s. 290.0056.
(e) The department shall place any area designated as a state
enterprise zone pursuant to this subsection in the appropriate category
established in subsection (3), and include such designations within the
limitations on state enterprise zone designations set out in subsection
(1).
(6)
(a) The department, in consultation with the interagency coordinating
council, shall promulgate any rules necessary for the approval of areas under
this section by the secretary.
(b) Such rules shall provide for the measurement of pervasive
poverty, unemployment, and general distress using the criteria outlined by s.
290.0058.
(c) Such rules shall provide for the evaluation of the strategic plan
and local fiscal and regulatory incentives for effectiveness, including how
the following key principles will be implemented by the governing body or
bodies:
1. Economic opportunity, including job creation within the community
and throughout the region, as well as entrepreneurial initiatives, small
business expansion, and training for jobs that offer upward mobility.
2. Sustainable community development that advances the creation of
livable and vibrant communities through comprehensive approaches that
coordinate economic, physical, community, and human development.
3. Community-based partnerships involving the participation of all
segments of the community.
4. Strategic vision for change that identifies how the community
will be revitalized. This vision should include methods for building on
community assets and coordinate a response to community needs in a
comprehensive fashion. This vision should provide goals and performance
benchmarks for measuring progress and establish a framework for evaluating and
adjusting the strategic plan.
5. Local fiscal and regulatory incentives enacted pursuant to s.
290.0057(1)(e). These incentives should induce economic revitalization,
including job creation and small business expansion.
(d) Such rules shall provide methods for evaluating the prospects for
new investment and economic development in the area, including a review and
evaluation of any previous state enterprise zones located in the
area.
(7) Upon approval by the secretary of a resolution authorizing an
area to be an enterprise zone pursuant to this section, the department shall
assign a unique identifying number to that resolution. The department shall
provide the Department of Revenue with a copy of each resolution approved,
together with its identifying number.
History: s. 48, ch. 84-356; s. 58, ch. 86-152; s. 26, ch. 88-201; s. 6, ch.
89-352; s. 1, ch. 91-262; ss. 26, 37, ch. 94-136; s. 2, ch. 95-309.
[Footnote 1] Note.
A. Repealed effective December 31, 2005, by s. 37, ch. 94-136.
B. Section 81, ch. 94-136, provides that:
"(1) The sum of five million dollars is hereby appropriated from
the Working Capital Fund to the Department of Commerce for the local
government Federal Empowerment zone designation received in Florida pursuant
to Title 13 of the Omnibus Budget Reconciliation Act of 1993, contingent upon
receipt by the local government of federal matching funds under such act. The
department shall distribute these funds to the impacted local government, and
is directed to promulgate rules to govern this process.
"(2) The sum of five hundred thousand dollars is hereby
appropriated from the Working Capital Fund to the Department of Commerce for
each of up to six local government Federal Enterprise Community designations
received in Florida pursuant to Title 13 of the Omnibus Budget Reconciliation
Act 1993, contingent upon receipt by the local government of federal matching
funds under such act. The Department shall distribute these funds to impacted
local governments, and is directed to promulgate rules to govern this
process.
"(3) The monies appropriated from the Working Capital Fund must
be expended for Enterprise Zone activities outlined within the Strategic Plan
required in 7 C.F.R. Part 25 or 24 C.F.R. Part 597.
"(4) This section shall take effect July 1,
1994."