Backup Documents 05/10/2011 Item #10D 1OD
DOCUMENT HAS NOT BEEN
RECEIVED IN THE
MINUTES & RECORDS
DEPARTMENT AS OF
DECEMBER 4, 2012.
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Agenda Item #: ~ Meeting Date: SIt 0
Presented by: Cvr.\(\-tit') '5 to ,.)I::.(L HLLLEf<.
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COLLIER COUNTY CODE OF LAWS AND ORDINANCES
CHAPTER 49 - ECONOMIC DEVELOPMENT
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ARTICLE III, JOB CREATION INVESTMENT PROGRAM
Sec, 49-30. Applicability,
This article applies to the unincorporated area of Collier County, Florida, and to all
incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1 (f)
of the Florida Constitution as may be implemented by an intergovernmental or interloGaI
agreement.
Sec,49-31, Purpose,
The purposes of this article are to: (1) provide a performance-based program offering
financial relief for eligible targeted industry development or expansion projects in Collier County
to mitigate the effects of rising fees, along with escalating relocation and expansion costs,
associated with these projects; (2) provide for the economic well being of Collier County
residents by providing high-wage employment opportunities in Collier County; (3) lessen the
seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for
new or existing businesses thus increasing and diversifying the county's tax base.
Sec. 49-32, Specific definitions.
When used in this article, the following terms have the meaning stated, unless the
context clearly indicates otherwise:
(1) ''Average 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-time, as
reported by private-sector employers in the State of Florida who are covered by federal and
state unemployment compensation laws (UC), and reported annually based on figures released
by the Florida Agency for Workforce Innovation.
(2) "Eastern Collier County" is that area of unincorporated Collier County that includes those
parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels
designated as part of the Immokalee Rural Federal Enterprise Community.
(3) "High impact" is that designation given to qualifying economic development projects
located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise
Community.
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(3.1) "Jobs" are limited to individual permanent legal residents of the United States who are
employed in each new created position of employment at a primary location in Collier County,
and as applicable maintained, as a result of the program.
(4) "Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S.
Department of Agriculture as a multi-jurisdictional entity including 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 Zone
boundaries, a designation by the State of Florida, pursuant to F.S. 99 290.001-290.016,
pursuant to F.S. 99290.001--290.016.
(5) "Targeted industry" is one that is aggressively pursued for relocation to, or expansion
within, the local jurisdiction by the Economic Development Council of Collier County. It may
include, but is not limited to the following industries: Aviation, information technology,
biomedical, manufacturing, corporate headquarters, research and development, wholesale
trade and distribution, and businesses locating or expanding within the Rural Federal Enterprise
Community.
Sec, 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
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(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 predetermined time
frame, the company will complete and submit to the county manager a request for funds, along
with documentation that the stated jobs are in place. At the beginning of each county fiscal year,
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 program.
Sec, 49-34, Implementation,
(a) Under this job creation investment program, the eligible company located within Eastern
Collier County may be awarded $2,000.00 per new full-time job created, with a minimum of ten
new full-time jobs to be created; or the eligible company may be awarded $3,000.00 per full-
time job created if the project is located within the enterprise community, with a minimum of five
new jobs created; or, as approved by the sole discretion of the board, a company may be
awarded $2,000.00 per job created within a high impact area, with a minimum of 20 new jobs
created. Any award under this program is subject to funding 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 $1,000.00 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 a minimum, the following 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 agreement providing 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 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, 2013,
unless continued by a r of the board of county commission prior to this date.
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sec~"' 9-35, Program eligibility criteria,
To be considered eligible for ap~r al under this program, a business or project must
meet the . l=ia.of one of the follawiA categories:
(1) Be located within Eastern 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 ten new full-time jobs; and
c. The newly created jobs pay an average wage of at least 115 percent 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 new full-time jobs; and
b. The newly created jobs pay an average wage equal to or greater than 50 percent of the
county's current private-sector average wage.
(3) Be a high impact project and be located outside the enterprise community and Eastern
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 20 new full-time jobs; and
c. The newly created jobs pay an average wage equal to or greater than 150 percent of the
county's current private-sector average wage.
d. Each application for program participation must have approval by the board of county
commissioners.
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~ ,*~', 7. ' RnINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
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:t"'~;.;~.:', C LIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL
~O~' ":;~.~~'.. ~ ONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE
,894:99"'- LANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT
EXTENSION JREQI!JIREMENJI;S AS FOUND IN SECTION JW.02.13.D OF
THlE LAND DEVELOPMENT iCODE;PROVIDING FOR -CONFLICT
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
'WHEREAS, the United states 'of America, the State :of Florida :and 'Collier 'County ,are
presently experiencing an economic downturn not experienced in the last 30-40 years; and
WHEREAS, mdiridual ,citizens land families ilivin:g in the United States.. Florida ;and
Collier County are experiencing negative effects from this economic downturn; and
WHEREAS, because 'of si:gniffic.ant !Fev;enue decreases cat the State ,and local levels, jobs
are being lost, homes are being foreclosed, and services are being cut; and
WHEREAS, Collier (Jounty is 'currently experiencing a dramatic :and devastating decline
in the residential and commercial development markets that adversely impact the entire local
(economy; .and
WHEREAS, Section lO.02.13.D of the Collier County Land Development Code provides
for Planned Unit Development time limit :andtime limit lextension requirements. The local
economic emergency has created a situation that is making it impractical, if not impossible, for
developers {)f Planned Unit Developments to (complete their pIOjects within the time limits
established prior to this period of local emergency. Collier County currently has a very large
ll'UIl1ber :ofhomes that have been approved for development but have not been built and are not
anticipated to be built during the period of the local economic emergency; and r: ,.
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WHEREAS, tolling iOffue Planned Unit Development time llimit:and time ~i,'e~t~oT1.:~.-~
,
is necessary to relieve :conditions liesulnn,g from ilhe ~oca1'economic remergency; and F',
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WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit
Development time limit ;and time 1Iimit 'extension provisions mthout go~g tbrough the process of
amending the Land Development Code as set forth in Sections lO.02.08.e and 10,02.09 of the
]Land Development Code_
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF (COLLIER COl!lNfY~ fLORIDA~ that:
SECTION ONE: Short Title and Recitals.
This Ordinance shall be blown .as the (Collier Connty' Local Economic EmeI:gency
Ordinance, and the above findings and recitals are hereby adopted by reference into this
Ordinance.
SECTION TWO:
Declaration of Local Economic Emergency.
The Collier Coun.ty Board 'of County Commissioners, (convened in r~gularsession,
hereby declares and ordains that a local economic emergency exists within Collier County,
FlOlida, requiring mnnediate measures ito addr:ess the (emergency hefoTie irreversible harm is d.one
to the economic well being of the citizens of the County. This Ordinance is adopted after public
hearing pursuant to, :and in :acCOMance with, Section 125.66(2), Florida Statutes.
SECTION THREE: Tolling orLand Development Code Section 10.02.13.D.
Section I:CL02.113JD ,of the Ctdlier (County Lan.d Development Code provides for !Plmmed
Unit Development time limit and time limit extension requirements, These time limit and time
limit extension l1equiremel1tsare nelleby taMed to May 12, lOll for Planned Unit Developments
which have not sunsetted prior to the effective date of this Ordinance. Prior to May 12,2011, the
Board ,of County Colllllrlssioners will determine if the dec1aration ,ofLocal Economic Emergency
should be ended.
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SECTION FOUR: Conflict and Severability.
fu fue te\1ieIlt tllls Ormnanc.e ,conlli.cts with :any ,other rOFdinance !of Collier County 'or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
lnvalid ,or mlConstitutiona11by any \Court (()jftcompetent,jmisdiction, such portion :shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE:
Inclusion in the Code of Laws and Ordinances.
The provisions ,ofttbis Ordinance :sba11 become ;and be made ,a ]part ,of the Code of Laws
and Ordinances ofOollier County, Florida. The sections of the Ordinance may be renumbered or
reletter.ed 1:0 :accomplish such, :and :the word ~''Ordinance1' may be !changed to "'sectiori",",article",
or any other appropriate word.
;SECl'[ON SlX~
Effective Uate.
This Ordinance shall become effective upon filing with the Department of State,
PASSED AND DULY ADOPTED by :the BGaIid iof Connty iOommissioncrsofCollier
County, Florida, this 1 J.-It\ day of Mat
, 2009,
ATTEST:
DWIGHT E. BROCK, Cledc
BOARD OF C01JN'fY COMMISSIONERS
COIIJER COUNTY, FLORIDA
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{ . ,.~~ctClerk
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Ap ~~b"edt~to form
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By: 4i.;"'.-.A' ~ &.
DO A FIALA, Chairman
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~'cIay of W.l1,~ 'lW1
and acknowledgemc t.. rllJLf
fill rec:ei th. ~r I
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STATE OF FLORIDA)
COUNTY 'OF ,aaUTER))
I, DWIGHT E, BROCK, Clerk of Courts in and for the
"Iwen.ti'eth .J'u:diciaJL lCircu:iitg OolJLi'er County" JF'Jl.torida, do
hereby certify that the foregoing is a true and correct
copy <OI:
ORDINANCE 2009-22
Wh.idb. was ,ado;pt.red lby tbhe Board of iOollICilty (]ommissioners
on the 12th day of May, 2009, during Regular Session,
WT'.iI'iNESS ;my hand and the offici,a]. :seaJL of tbe Board of
County Commissioners of Collier County, Florida, this 13th
day ,of iMay" 2iOID:9.
DWIGHT E, BROCK
C].(erk 'OI Gourts <?!P:d' ':"'C'l<e.:r.;k
]Ex-,offi,cio to Board ;6f oJ':;,
County Commis'siopers'.. "~'~
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Teresa PolasKl~ .
Deputy Clerk
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