Ordinance 2003-60 ORDINANCE NO. 2003- 60
RDINANCE OF THE BOARD OF COUNTY COMMISSION~
~.~. ---..~-/ COLLIER COUNTY, FLORIDA, ESTABLISHING THE
~c'~z~_ ..~EATION INVESTMENT PROGRAM AVAILABLE TO ELIGI~
~TARGETED HIGH-WAGE COMPANIES TO MITIGATE
ECONOMIC EFFECTS OF INCREASED DEVELOPMENT FEES
AND RELOCATION OR EXPANSION COSTS; PROVIDING FOR
APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM
AWARD AMOUNT; PROVIDING SPECIFIC DEFINITIONS FOR
ECONOMIC DEVELOPMENT TERMS; PROVIDING PROGRAM
ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF
THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND'
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR A TERMINATION DATE.
WHEREAS, Collier County has historically depended upon tourism,
agriculture, and, in more recent years, construction as major components of its
economic base, all of which
downturns in the economy; and
WHEREAS, the Board of
(Board) desires to promote and
are very susceptible to economic cycles and
County Commissioners of Collier County
foster economic diversification through the
retention and creation of high wage jobs in targeted industry clusters; and
WHEREAS, programs to offer relief for targeted industry recruitment or
expansion projects from rising costs associated with these projects will contribute
significantly to economic diversification efforts throughout the County; and
WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board
to enact ordinances necessary for the exercise of its powers; and
WHEREAS, enactment of the following ordinance will be in the public
interest and serve a valid public purpose by encouraging private sector
investment thereby enabling local businesses to be more globally competitive,
increasing local business expansion opportunities and thus offering increased
employment opportunities for Collier County residents; and
WHEREAS, on March 12, 2003, the Board directed staff to move forward
with proposals for a "toolbox" economic diversification incentives, to further these
efforts.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
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SECTION ONE. Collier County hereby adopts an Ordinance that amends the
Collier County Code of Laws an(] Ordinances as follows:
8D
ARTICLE III
JOB CREATION INVESTMENT PROGRAM
Section 49-30. Applicability..
This article applies to the unincorporated area of Collier County. Florida,
and to all incorporated areas of Collier County to the .qreatest extent authorized
by Article VIII, Section l(f) of the Florida Constitution as may be implemented by
an intergovernmental or interlocal a.qreement.
Section 49-31. Purpose.
The purposes of this article are to: (1) provide a performance-based
pro.qram offerin.q financial relief for eligible tar.qeted industry development or
expansion proiects in Collier County to mitigate the effects of risin~ fees, alon~l
with escalating relocation and expansion costs, associated with these proiects;
(2) provide for the economic well being of Collier County residents by providin~q
hi.qh-wa~e employment opportunities in Collier County; (3) lessen the seasonal
cycle of Collier County's economy; and (4) encoura,qe investment opportunities
for nc',',' or existing businesses thus increasin.q and diversifyin.q the County's tax
base.
Section 49-32. Specific Definitions.
When used in this article1 the following terms have the meanin~ stated,
unless the context clearly indicates otherwise.
A. "Avera~3e Wage" is the annual rate paid to private-sector employees
within Collier County, from highest pay rate to lowest pay rate divided by
number of persons employed full-time1 as reported by private-sector
employers in the State of Florida who are covered by federal and state
unemployment compensation laws (UC)I and reported annually based on
figures released by the Florida A~enc¥ for Workforce Innovation.
B. "Eastern Collier County" is that area of unincorporated Collier County
that includes those parcels of land immediately adiacent to, and east of,
Collier Boulevard, except for those parcels desi.qnated as part of the
Immokalee Rural Federal Enterprise Community.
C. "High Impact" is that desi.qnation Riven to qualifying economic
development proiects located outside of Eastern Collier County and the
Immokalee Rural Federal Enterprise Community.
D. "Rural Federal Enterprise Community" is that iurisdiction so desi.cinated
by the U.S. Department of Agriculture as a multi-iurisdictional entity
includin.q Immokalee (census tracts 112.04, 112.05, 113, 114), parts of.
Hendry County and the Seminole Indian Reservation; the Enterprise
Community boundaries in Collier County follow the Immokalee Enterprise
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Zone boundaries, a designation by the State of Florida, pursuant to
Section 290.001-290.016, Florida Statutes, pursuant to Section 290.001-
290.016, Florida Statutes;,
"Targeted Industr ?~' is one that is aggressively pursued for relocation to,
or expansion with,n, the local jurisdiction by the Economic Development
Council of Collier County. It may include, but is not limited to the following
industries: Aviation, Information Technolo.qy, Biomedical, Manufacturing,
Corporate Headquarters, Research and Development, Wholesale Trade
and Distribution, and businesses locating or expanding within the Rural
Federal Enterprise Community.
Section 49-33. Job Creation Investment Program.
A. General Requirements. Pursuant to the provisions set forth in this
section, the County establishes a Job Creation Investment Program for
the payment of costs associated with the relocation and/or expansion of
targeted projects, including but not limited to relocation costs, company
sponsored day care facilities, land improvement costs, and/or existing
facility improvements. These projects may include commercial, industrial,
and technology park land uses.
B. Application Process. Any person seeking eligibility and payment
through the Job Creation Investment Program will file with the County
Manager an Application for payment prior to making the decision to locate
or expand within Collier County. The Application must contain the
following:
1. The name and address of the business Owner; and
2. A current and complete legal description of the site upon which
the project is proposed to be located; and
3. The type of business proposed, using Standard Industrial
Classification (SIC) or North American Industrial Classification
System (NAICS); and
4. The number of full-time jobs to be created and, if applicable,
retained as a result of the project; and
5. The average wage of those jobs created and retained; and
6. The total capital investment of the expansion or relocation
project, including land, building, and equipment costs; and
7. The date ('month and year) when the new jobs will be in place.
If the proposed project meets the requirements for payment under the Job
Creation Investment Program as set forth in this article, the County
Manager is authorized to enter into an agreement with the business
Owner. After the specified new jobs are in place within the pre-
determined time frame, the company will complete and submit to th~-
County Manager a Request for Funds, along with documentation that the
stated iobs are in place. At the beginning of each county fiscal year,
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following the date the newly created jobs are in place and verified by the
County Manager, general revenue funds will be set aside under the Job
Creation Investment pro.qram.
Section 49-34. Implementation.
A. Under this Job Creation Investment Program, the eligible company
located within Eastern Collier County may be awarded $2,000 per new
full-time job created, with a minimum of ten (10) new full-time jobs to be
created; or the eligible company may be awarded $3,000 per full-time job
created if the project is located within the Enterprise Community, with a
minimum of five (5) new jobs created; or, as approved by the sole
discretion of the Board., a company may be awarded $2,000 per job
created within a High Impact area, with a minimum of 20 new jobs
created. Any award under this program is subject to fundinq availability. If
a company also participates in the State of Florida Qualified Targeted
Industry (QTI) tax incentiVe program, and is approved to participate in this
Job Creation Investment Program, the company will be eligible for only
$1,000 per new job created regardless of its location within Collier County.
The funds will be paid, based on the number of new full-time jobs created,
in equal amounts over a three-year time period.
B. The eligible business under the Job Creation Investment Program
will enter into a Job Creation Investment Program Agreement (the
Agreement) with the County, and the Agreement must provide for, as ~
minimum, the followinq and will include any provisions deemed necessary
by the Board to effectuate the provisions of this article:
1. The legal description of the development.
2. Neither the payment of funds, nor the A.qreement providin.q
for the payment of funds, may.be transferred, assigned, credited or
otherwise conveyed from the property without prior written approval
from the County.
3. In the event the non-County party is in default under the
Agreement, and the default is not cured within thirty (30) days after
written notice is provided to the Owner, the Board may bring a civil
action to enforce the agreement or declare that the grant funds are
thence immediately due and payable. The Board is entitled to
recover all fees and costs, including attorney's fees and costs
incurred by the County in enforcing the Agreement, plus interest at
the then maximum statutory rate for final judgments, calculated on
a calendar day basis until paid.
4. The Agreement must be recorded in the Official Records of
Collier County at no cost to the County.
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D. Termination
The provisions of this article will expire and be void on October 1, 2008,
unless contir~, J by a vote of the Board of County Commission prior to
this date.
Section 49-35. Program Elic~ibility Criteria.
To be considered eligible for approval under this Program, a business or
project must meet the criteria of one of the following categories:
1. Be located within Eastern Collier County and meet the following
criteria:
a. Type of business conducted is within the Tarqeted Industry
List of the Economic Development Council of Collier County;
and
b. Creates a minimum of ten {10) new full-time jobs; and
c. The newly created jobs pay an average wage of at least
115% of the County's current private-sector average wage.
2. Be located within the boundary of the Immokalee Rural Federal
Enterprise Community and meet the following criteria:
a. Creates a minimum of five (5) new full-time jobs; and
b. The newly created jobs pay an average wage equal to or
greater than 50% of the County's current private-sector
average wage.
3. Be a High Impact project and be located outside the Enterprise
Community and Eastem Collier County and meet the following criteria:
a. Type of business conducted is within the Targeted Industry
List of the Economic Development Council of Collier County;
and
b. Creates a minimum of twenty (20) new full-time jobs; and
c. The newly created jobs pay an average wage equal to or
greater than 150% of the County's current private-sector
average wage.
d. Each application for program participation must have
approval by the Board of County Commissioners.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of
Collier County or any other applicable law, the more restrictive will apply. If any
phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion will be deemed a separate, distinct and
independent provision and such holding will not affect the validity of the
remaining portions.
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SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES.
The provisions of this Ordinance are to be made a part of the Code
of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance will be
Department of State.
effective upon filing with the Florida
PASSED AND DULY AD~PTED by the Board of County Commissioners
of Collier County, Florida this I(~'L-ri day of ~bU~F~V'" ,2003.
A~'i~FE$~g'C ,~'."., BOARD OF COUNTY COMMISSIONERS
,. DWIGHT' E: .'I~), CK, ClerkOF COLLIER COUNTY, FLORIDA
':- "~,Deputy'Cl~, i/.' (,.) ' By:
:;.:-:'. :'", ",." .;~ Tom Renning,~ Chairman
-,'" '"'-":! !'~?;'~. ""'" This ordinance filecl with
APproved. as,tO form and ~,¢~retary of
~ dcy of
ncy: /
Pbtric'k-~.. White
Assistant County Attorney
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINAI~CE 2003-60
Which was adopted by the Board of County Commissioners
on the 18th day of November, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of November, 2003.
·
DWIGHT E. BRO~)~...' '~'
Clerk of Cou.r~g~ and
Ex-officio to
County Comm~ss ~er§
By: Ann Jenn'~j ohn,
Deputy Clerk