Backup Documents 05/24/2011 Item #11A 11A
DOCUMENT HAS NOT BEEN
RECEIVED IN THE
MINUTES & RECORDS
DEPARTMENT AS OF
DECEMBER 4, 2012 .
llAel-
NOTICE OF CLOSED ATTORNEY-CLIENT SESSION
Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney
desires advice from the Board of County Commissioners in closed attorney-client session on
TUESDAY, JUNE 14, 2011. The session will be held for a time certain of 12:00 noon, in the
Commission Conference Room, 3rd Floor, W. Harmon Turner Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida. In addition to Board members,
County Manager Leo Ochs, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief
Jacqueline W. Hubbard will be in attendance. The Board in executive session will discuss:
Strategy session related to settlement negotiations in the pending case of KER Entereprises,
Inc., d/b/a Armadillo Underground v. APAC-Southeast, Inc., et al v. Collier County, Case No.
08-3496-CA, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County, Florida.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIR
DWIGHT E. BROCK, CLERK
by: /s/Patricia L. Morgan
Deputy Clerk
(SEAL)
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The 2010 Florida
Statutes(including Special Session
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Agenda Item #: I t Meeting Date : 5 L-T
Presented by: C0*1y W�ff [) d &tZ Rt ,L(pQ
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Title XIX Chanter 288
PUBLIC COMMERCIAL DEVELOPMENT AND CAPITAL
BUSINESS IMPROVEMENTS
288.106 Tax refund program for qualified
target industry businesses. —
(1) LEGISLATIVE FINDINGS AND DECLARATIONS.—
The Legislature finds that retaining and expanding
existing businesses in the state, encouraging the
creation of new businesses in the state, attracting
new businesses from outside the state, and
generally providing conditions favorable for the
growth of target industries creates high- quality,
high -wage employment opportunities for residents
of the state and strengthens the state's economic
foundation. The Legislature also finds that
incentives narrowly focused in application and
scope tend to be more effective in achieving the
state's economic development goals. The
Legislature further finds that higher -wage jobs
reduce the state's share of hidden costs, such as
public assistance and subsidized health care
associated with low -wage jobs. Therefore, the
Legislature declares that it is the policy of the state
to encourage the growth of higher -wage jobs and a
diverse economic base by providing state tax
refunds to qualified target industry businesses that
originate or expand in the state or that relocate to
the state.
(2) DEFINITIONS. —As used in this section:
(a) "Account" means the Economic DeveloDn
Incentives Account within the Economic
Development Trust Fund established under s.
IV,
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288.095.
(b) "Authorized local economic development
agency" means a public or private entity, including
an entity defined in s. 288.075, authorized by a
county or municipality to promote the general
business or industrial interests of that county or
municipality.
(c) "Average private sector wage in the area"
means the statewide private sector average wage or
the average of all private sector wages and salaries
in the county or in the standard metropolitan area
in which the business is located.
(d) "Business" means an employing unit, as
defined in s. 443.036, that is registered for
unemployment compensation purposes with the
state agency providing unemployment tax collection
services under contract with the Agency for
Workforce Innovation through an interagency
agreement pursuant to s. 443.1316, or a
subcategory or division of an employing unit that is
accepted by the state agency providing
unemployment tax collection services as a reporting
unit.
(e) "Corporate headquarters business" means an
international, national, or regional headquarters
office of a multinational or multistate business
enterprise or national trade association, whether
separate from or connected with other facilities
used by such business.
(f) "Director" means the Director of the Office
of Tourism, Trade, and Economic Development.
(g) "Enterprise zone" means an area designated
as an enterprise zone pursuant to s. 290.0065.
(h) "Expansion of an existing business" means
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the expansion of an existing Florida business by or
through additions to real and personal property,
resulting in a net increase in employment of not
less than 10 percent at such business.
(i) "Fiscal year" means the fiscal year of the
state.
(j) "Jobs" means full -time equivalent positions,
including, but not limited to, positions obtained
from a temporary employment agency or employee
leasing company or through a union agreement or
coemployment under a professional employer
organization agreement, that result directly from a
project in this state. The term does not include
temporary construction jobs involved with the
construction of facilities for the project or any jobs
previously included in any application for tax
refunds under s. 288.1045 or this section.
(k) "Local financial support" means funding
from local sources, public or private, that is paid to
the Economic Development Trust Fund and that is
equal to 20 percent of the annual tax refund for a
qualified target industry business. A qualified target
industry business may not provide, directly or
indirectly, more than 5 percent of such funding in
any fiscal year. The sources of such funding may not
include, directly or indirectly, state funds
appropriated from the General Revenue Fund or anvl
state trust fund, excluding tax revenues shared with
local governments pursuant to law.
(l) "Local financial support exemption option"
means the option to exercise an exemption from
the local financial support requirement available to
any applicant whose project is located in a
brownfield area, a rural city, or a rural community.
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Any applicant that exercises this option is not
eligible for more than 80 percent of the total tax
refunds allowed such applicant under this section.
(m) "New business" means a business that
applies for a tax refund under this section before
beginning operations in this state and that is a legal
entity separate from any other commercial or
industrial operations owned by the same business.
(n) "Office" means the Office of Tourism,
Trade, and Economic Development.
(o) "Project" means the creation of a new
business or expansion of an existing business.
(p) "Qualified target industry business" means a
target industry business approved by the office to
be eligible for tax refunds under this section.
(q) "Return on investment" means the gain in
state revenues as a percentage of the state's
investment. The state's investment includes state
grants, tax exemptions, tax refunds, tax credits,
and other state incentives.
(r) "Rural city" means a city having a population
of 10,000 or fewer, or a city having a population of
greater than 10,000 but fewer than 20,000 that has
been determined by the office to have economic
characteristics such as, but not limited to, a
significant percentage of residents on public
assistance, a significant percentage of residents
with income below the poverty level, or a
significant percentage of the city's employment
base in agriculture- related industries.
(s) "Rural community" means:
1. A county having a population of 75,000 or
fewer.
2. A county having a population of 125,000 or
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fewer that is contiguous to a county having a
population of 75,000 or fewer.
3. A municipality within a county described in
subparagraph 1. or subparagraph 2.
For purposes of this paragraph, population shall be
determined in accordance with the most recent
official estimate pursuant to s. 186.901.
(t) "Target industry business" means a
corporate headquarters business or any business
that is engaged in one of the target industries
identified pursuant to the following criteria
developed by the office in consultation with
Enterprise Florida, Inc.:
1. Future growth.— Industry forecasts should
indicate strong expectation for future growth in
both employment and output, according to the
most recent available data. Special consideration
should be given to businesses that export goods to,
or provide services in, international markets and
businesses that replace domestic and international
imports of goods or services.
2. Stability. —The industry should not be subject
to periodic layoffs, whether due to seasonality or
sensitivity to volatile economic variables such as
weather. The industry should also be relatively
resistant to recession, so that the demand for
products of this industry is not typically subject to
decline during an economic downturn.
3. High wage. —The industry should pay
relatively high wages compared to statewide or
area averages.
4. Market and resource independent. —The
location of industry businesses should not be
dependent on Florida markets or resources as
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indicated by industry analysis, except for businesses
in the renewable energy industry.
5. Industrial base diversification and
strengthening. —The industry should contribute
toward expanding or diversifying the state's or
area's economic base, as indicated by analysis of
employment and output shares compared to
national and regional trends. Special consideration
should be given to industries that strengthen
regional economies by adding value to basic
products or building regional industrial clusters as
indicated by industry analysis. Special consideration
should also be given to the development of strong
industrial clusters that include defense and
homeland security businesses.
6. Economic benefits. —The industry is expected
to have strong positive impacts on or benefits to the
state or regional economies.
The term does not include any business engaged in
retail industry activities; any electrical utility
company; any phosphate or other solid minerals
severance, mining, or processing operation; any oil
or gas exploration or production operation; or any
business subject to regulation by the Division of
Hotels and Restaurants of the Department of
Business and Professional Regulation. Any business
within NAICS code 5611 or 5614, office
administrative services and business support
services, respectively, may be considered a target
industry business only after the local governing
body and Enterprise Florida, Inc., make a
determination that the community where the
business may locate has conditions affecting the
fiscal and economic viability of the local community
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or area, including but not limited to, factors such as
low per capita income, high unemployment, high
underemployment, and a lack of year -round stable
employment opportunities, and such conditions may
be improved by the location of such a business to
the community. By January 1 of every 3rd year,
beginning January 1, 2011, the office, in
consultation with Enterprise Florida, Inc., economic
development organizations, the State University
System, local governments, employee and employer
organizations, market analysts, and economists,
shall review and, as appropriate, revise the list of
such target industries and submit the list to the
Governor, the President of the Senate, and the
Speaker of the House of Representatives.
(u) "Taxable year" means taxable year as
defined in s. 220.03(1)(y).
(3) TAX REFUND; ELIGIBLE AMOUNTS. —
(a) There shall be allowed, from the account, a
refund to a qualified target industry business for
the amount of eligible taxes certified by the office
that were paid by the business. The total amount of
refunds for all fiscal years for each qualified target
industry business must be determined pursuant to
subsection (4). The annual amount of a refund to a
qualified target industry business must be
determined pursuant to subsection (6).
(b)1. Upon approval by the office, a qualified
target industry business shall be allowed tax refund
payments equal to $3,000 multiplied by the number
of jobs specified in the tax refund agreement under
subparagraph (5)(a)1., or equal to $6,000 multiplied
by the number of jobs if the project is located in a
rural community or an enterprise zone.
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2. A qualified target industry business shall be
allowed additional tax refund payments equal to
$1,000 multiplied by the number of jobs specified in
the tax refund agreement under subparagraph
(5)(a)1. if such jobs pay an annual average wage of
at least 150 percent of the average private sector
wage in the area, or equal to $2,000 multiplied by
the number of jobs if such jobs pay an annual
average wage of at least 200 percent of the average
private sector wage in the area.
3. A qualified target industry business shall be
allowed tax refund payments in addition to the
other payments authorized in this paragraph equal
to $1,000 multiplied by the number of jobs
specified in the tax refund agreement under
- subparagraph (5)(a)1. if the local financial support
is equal to that of the state's incentive award under
subparagraph 1.
4. In addition to the other tax refund payments
authorized in this paragraph, a qualified target
industry business shall be allowed a tax refund
payment equal to $2,000 multiplied by the number
of jobs specified in the tax refund agreement under
- subparagraph (5)(a)1. if the business:
a. Falls within one of the high- impact sectors
designated under s. 288.108; or
b. Increases exports of its goods through a
seaport or airport in the state by at least 10
percent in value or tonnage in each of the years
that the business receives a tax refund under this
section. For purposes of this sub - subparagraph,
seaports in the state are limited to the ports of
Jacksonville, Tampa, Port Everglades, Miami, Port
Canaveral, Ft. Pierce, Palm Beach, Port Manatee,
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Port St. Joe, Panama City, St. Petersburg,
Pensacola, Fernandina, and Key West.
(c) A qualified target industry business may not
receive refund payments of more than 25 percent of
the total tax refunds specified in the tax refund
agreement under subparagraph (5)(a)1. in any fiscal
year. Further, a qualified target industry business
may not receive more than $1.5 million in refunds
under this section in any single fiscal year, or more
than $2.5 million in any single fiscal year if the
project is located in an enterprise zone. A qualified
target industry business may not receive more than
$5 million in refund payments under this section in
all fiscal years, or more than $7.5 million if the
project is located in an enterprise zone.
(d) After entering into a tax refund agreement
under subsection (5), a qualified target industry
business may:
1. Receive refunds from the account for the
following taxes due and paid by that business
beginning with the first taxable year of the business
that begins after entering into the agreement:
a. Corporate income taxes under chapter 220.
b. Insurance premium tax under s. 624.509.
2. Receive refunds from the account for the
following taxes due and paid by that business after
entering into the agreement:
a. Taxes on sales, use, and other transactions
under chapter 212.
b. Intangible personal property taxes under
chapter 199.
c. Emergency excise taxes under chapter 221.
d. Excise taxes on documents under chapter
201.
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e. Ad valorem taxes paid, as defined in s.
220.03(1).
f. State communications services taxes
administered under chapter 202. This provision does
not apply to the gross receipts tax imposed under
chapter 203 and administered under chapter 202 or
the local communications services tax authorized
under s. 202.19.
(e) However, a qualified target industry business
may not receive a refund under this section for any
amount of credit, refund, or exemption previously
granted to that business for any of the taxes listed
in paragraph (d). If a refund for such taxes is
provided by the office, which taxes are
subsequently adjusted by the application of any
credit, refund, or exemption granted to the
qualified target industry business other than as
provided in this section, the business shall
reimburse the account for the amount of that
credit, refund, or exemption. A qualified target
industry business shall notify and tender payment to
the office within 20 days after receiving any credit,
refund, or exemption other than one provided in
this section.
(f) Refunds made available under this section
may not be expended in connection with the
relocation of a business from one community to
another community in the state unless the office
determines that, without such relocation, the
business will move outside the state or determines
that the business has a compelling economic
rationale for relocation and that the relocation will
create additional jobs.
(g) A qualified target industry business that
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fraudulently claims a refund under this section:
1. Is liable for repayment of the amount of the
refund to the account, plus a mandatory penalty in
the amount of 200 percent of the tax refund which
shall be deposited into the General Revenue Fund.
2. Commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(4) APPLICATION AND APPROVAL PROCESS. —
(a) To apply for certification as a qualified
target industry business under this section, the
business must file an application with the office
before the business decides to locate in this state or
before the business decides to expand its existing
operations in this state. The application must
include, but need not be limited to, the following
information:
1. The applicant's federal employer
identification number and, if applicable, state sales
tax registration number.
2. The proposed permanent location of the
applicant's facility in this state at which the project
is to be located.
3. A description of the type of business activity
or product covered by the project, including a
minimum of a five -digit NAICS code for all activities
included in the project. As used in this paragraph,
" NAICS" means those classifications contained in
the North American Industry Classification System,
as published in 2007 by the Office of Management
and Budget, Executive Office of the President, and
updated periodically.
4. The proposed number of net new full -time
equivalent Florida jobs at the qualified target
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industry business as of December 31 of each year
included in the project and the average wage of
those jobs. If more than one type of business
activity or product is included in the project, the
number of jobs and average wage for those jobs
must be separately stated for each type of business
activity or product.
5. The total number of full -time equivalent
employees employed by the applicant in this state,
if applicable.
6. The anticipated commencement date of the
project.
7. A brief statement explaining the role that the
estimated tax refunds to be requested will play in
the decision of the applicant to locate or expand in
this state.
8. An estimate of the proportion of the sales
resulting from the project that will be made outside
this state.
9. An estimate of the proportion of the cost of
the machinery and equipment, and any other
resources necessary in the development of its
product or service, to be used by the business in its
Florida operations which will be purchased outside
this state.
10. A resolution adopted by the governing board
of the county or municipality in which the project
will be located, which resolution recommends that
the project be approved as a qualified target
industry business and specifies that the
commitments of local financial support necessary
for the target industry business exist. Before the
passage of such resolution, the office may also
accept an official letter from an authorized local
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economic development agency that endorses the
proposed target industry project and pledges that
sources of local financial support for such project
exist. For the purposes of making pledges of local
financial support under this subparagraph, the
authorized local economic development agency
shall be officially designated by the passage of a
one -time resolution by the local governing board.
11. Any additional information requested by the
office.
(b) To qualify for review by the office, the
application of a target industry business must, at a
minimum, establish the following to the satisfaction
of the office:
1.a. The jobs proposed to be created under the
application, pursuant to subparagraph (a)4., must
pay an estimated annual average wage equaling at
least 115 percent of the average private sector
wage in the area where the business is to be
located or the statewide private sector average
wage. The governing board of the county where the
qualified target industry business is to be located
shall notify the office and Enterprise Florida, Inc.,
which calculation of the average private sector
wage in the area must be used as the basis for the
business's wage commitment. In determining the
average annual wage, the office shall include only
new proposed jobs, and wages for existing jobs shall
be excluded from this calculation.
b. The office may waive the average wage
requirement at the request of the local governing
body recommending the project and Enterprise
Florida, Inc. The office may waive the wage
requirement for a project located in a brownfield
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area designated under s. 376.80, in a rural city, in a
rural community, in an enterprise zone, or for a
manufacturing project at any location in the state if
the jobs proposed to be created pay an estimated
annual average wage equaling at least 100 percent
of the average private sector wage in the area
where the business is to be located, only if the
merits of the individual project or the specific
circumstances in the community in relationship to
the project warrant such action. If the local
governing body and Enterprise Florida, Inc., make
such a recommendation, it must be transmitted in
writing, and the specific justification for the waiver
recommendation must be explained. If the office
elects to waive the wage requirement, the waiver
must be stated in writing, and the reasons for
granting the waiver must be explained.
2. The target industry business's project must
result in the creation of at least 10 jobs at the
project and, in the case of an expansion of an
existing business, must result in a net increase in
employment of at least 10 percent at the business.
At the request of the local governing body
recommending the project and Enterprise Florida,
Inc., the office may waive this requirement for a
business in a rural community or enterprise zone if
the merits of the individual project or the specific
circumstances in the community in relationship to
the project warrant such action. If the local
governing body and Enterprise Florida, Inc., make
such a request, the request must be transmitted in
writing, and the specific justification for the
request must be explained. If the office elects to
grant the request, the grant must be stated in
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writing, and the reason for granting the request
must be explained.
3. The business activity or product for the
applicant's project must be within an industry
identified by the office as a target industry business
that contributes to the economic growth of the
state and the area in which the business is located,
that produces a higher standard of living for
residents of this state in the new global economy,
or that can be shown to make an equivalent
contribution to the area's and state's economic
progress.
(c) Each application meeting the requirements
of paragraph (b) must be submitted to the office for
determination of eligibility. The office shall review
and evaluate each application based on, but not
limited to, the following criteria:
1. Expected contributions to the state's
economy, consistent with the state strategic
economic development plan adopted by Enterprise
Florida, Inc.
2. The return on investment of the proposed
award of tax refunds under this section and the
return on investment for state incentives proposed
for the project. The Office of Economic and
Demographic Research shall review and evaluate
the methodology and model used to calculate the
return on investment and report its findings by
September 1 of every 3rd year, beginning
September 1, 2010, to the President of the Senate
and the Speaker of the House of Representatives.
3. The amount of capital investment to be made
by the applicant in this state.
4. The local financial commitment and support
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for the project.
5. The effect of the project on the
unemployment rate in the county where the project
will be located.
6. The effect of the award on the viability of
the project and the probability that the project
would be undertaken in this state if such tax
refunds are granted to the applicant.
7. The expected long -term commitment of the
applicant to economic growth and employment in
this state resulting from the project.
8. A review of the business's past activities in
this state or other states, including whether such
business has been subjected to criminal or civil
fines and penalties. This subparagraph does not
require the disclosure of confidential information.
(d) Applications shall be reviewed and certified
pursuant to s. 288.061. The office shall include in
its review projections of the tax refunds the
business would be eligible to receive in each fiscal
year based on the creation and maintenance of the
net new Florida jobs specified in subparagraph (a)4.
as of December 31 of the preceding state fiscal
year. If appropriate, the office shall enter into a
written agreement with the qualified target
industry business pursuant to subsection (5).
(e) The office may not certify any target
industry business as a qualified target industry
business if the value of tax refunds to be included
in that letter of certification exceeds the available
amount of authority to certify new businesses as
determined in s. 288.095(3). However, if the
commitments of local financial support represent
less than 20 percent of the eligible tax refund
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payments, or to otherwise preserve the viability
and fiscal integrity of the program, the office may
certify a qualified target industry business to
receive tax refund payments of less than the
allowable amounts specified in paragraph (3)(b). A
letter of certification that approves an application
must specify the maximum amount of tax refund
that will be available to the qualified industry
business in each fiscal year and the total amount of
tax refunds that will be available to the business for
all fiscal years.
(f) This section does not create a presumption
that an applicant will receive any tax refunds under
this section. However, the office may issue
nonbinding opinion letters, upon the request of
prospective applicants, as to the applicants'
eligibility and the potential amount of refunds.
(5) TAX REFUND AGREEMENT.—
(a) Each qualified target industry business must
enter into a written agreement with the office that
specifies, at a minimum:
1. The total number of full -time equivalent jobs
in this state that will be dedicated to the project,
the average wage of those jobs, the definitions that
will apply for measuring the achievement of these
terms during the pendency of the agreement, and a
time schedule or plan for when such jobs will be in
place and active in this state.
2. The maximum amount of tax refunds that the
qualified target industry business is eligible to
receive on the project and the maximum amount of
a tax refund that the qualified target industry
business is eligible to receive for each fiscal year,
based on the job creation and maintenance
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schedule specified in subparagraph 1.
3. That the office may review and verify the
financial and personnel records of the qualified
target industry business to ascertain whether that
business is in compliance with this section.
4. The date by which, in each fiscal year, the
qualified target industry business may file a claim
under subsection (6) to be considered to receive a
tax refund in the following fiscal year.
5. That local financial support will be annually
available and will be paid to the account. The
office may not enter into a written agreement with
a qualified target industry business if the local
financial support resolution is not passed by the
local governing body within 90 days after the office
has issued the letter of certification under
subsection (4).
6. That the office may conduct a review of the
business to evaluate whether the business is
continuing to contribute to the area's or state's
economy.
7. That in the event the business does not
complete the agreement, the business will provide
the office with the reasons the business was unable
to complete the agreement.
(b) Compliance with the terms and conditions of
the agreement is a condition precedent for the
receipt of a tax refund each year. The failure to
comply with the terms and conditions of the tax
refund agreement results in the loss of eligibility for
receipt of all tax refunds previously authorized
under this section and the revocation by the office
of the certification of the business entity as a
qualified target industry business, unless the
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business is eligible to receive and elects to accept a
prorated refund under paragraph (6)(e) or the office
grants the business an economic recovery
extension.
1. A qualified target industry business may
submit a request to the office for an economic
recovery extension. The request must provide
quantitative evidence demonstrating how negative
economic conditions in the business's industry, the
effects of a named hurricane or tropical storm, or
specific acts of terrorism affecting the qualified
target industry business have prevented the
business from complying with the terms and
conditions of its tax refund agreement.
2. Upon receipt of a request under subparagraph
1., the office has 45 days to notify the requesting
business, in writing, whether its extension has been
granted or denied. In determining whether an
extension should be granted, the office shall
consider the extent to which negative economic
conditions in the requesting business's industry
have occurred in the state or the effects of a
named hurricane or tropical storm or specific acts
of terrorism affecting the qualified target industry
business have prevented the business from
complying with the terms and conditions of its tax
refund agreement. The office shall consider current
employment statistics for this state by industry,
including whether the business's industry had
substantial job loss during the prior year, when
determining whether an extension shall be granted.
3. As a condition for receiving a prorated refund
under paragraph (6)(e) or an economic recovery
extension under this paragraph, a qualified target
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industry business must agree to renegotiate its tax
refund agreement with the office to, at a minimum,
ensure that the terms of the agreement comply
with current law and office procedures governing
application for and award of tax refunds. Upon
approving the award of a prorated refund or
granting an economic recovery extension, the office
shall renegotiate the tax refund agreement with the
business as required by this subparagraph. When
amending the agreement of a business receiving an
economic recovery extension, the office may
extend the duration of the agreement for a period
not to exceed 2 years.
4. A qualified target industry business may
submit a request for an economic recovery
extension to the office in lieu of any tax refund
claim scheduled to be submitted after January 1,
2009, but before July 1, 2012.
5. A qualified target industry business that
receives an economic recovery extension may not
receive a tax refund for the period covered by the
extension.
(c) The agreement must be signed by the
director and by an authorized officer of the
qualified target industry business within 120 days
after the issuance of the letter of certification
under subsection (4), but not before passage and
receipt of the resolution of local financial support.
The office may grant an extension of this period at
the written request of the qualified target industry
business.
(d) The agreement must contain the following
legend, clearly printed on its face in bold type of
not less than 10 points in size: "This agreement is
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not a general obligation of the State of Florida, nor
is it acked by the full fai—thand credit of the State
of Florida. Payment of tax refunds is conditioned on
su sect to specific annual appropriations by the
Florida Legislature sufficient to pay amounts
aut orize in section 288.106, Florida Statutes."
(6) ANNUAL CLAIM FOR REFUND. —
(a) To be eligible to claim any scheduled tax
refund, a qualified target industry business that has
entered into a tax refund agreement with the office
under subsection (5) must apply by January 31 of,
each fiscal year to the office for the tax refund
schedu ed to be paid fro
fiscal year that begins on July 1 following the
January 31 claims - submission date. The office may,
upon written request, grant a 30 -day extension of
the filing date.
(b) The claim for refund by the qualified target
industry business must inc ude a copy o all receipts
pertaining to the payment of taxes for which the
refund is sought and data related to achievement of
each performance item specified in the tax refund
agreement. The amount requested as a tax refund
may not exceed the amount specified for the
relevant fiscal year in that agreement.
(c) The office may waive the requirement for
proof of taxes paid in future years for a qualified
target industry business that provides the office
with proof that, in a single year, the business has
paid an amount of state taxes from the categories
in paragraph (3)(d) that is at least equal to the total
amount of tax refunds that the business may
receive through successful completion of its tax
refund agreement.
11A vi
(d) A tax refund may not be approved for a
qualified target industry business unless the
required local financial support has been paid into
the account for that refund. If the local financial
support provided is less than 20 percent of the
approved tax refund, the tax refund must be
reduced. In no event may the tax refund exceed an
amount that is equal to 5 times the amount of the
Local financial support received. Further, funding
from local sources includes any tax abatement
granted to that business under s. 196.1995 or the
appraised market value of municipal or county land
conveyed or provided at a discount to that business.
The amount of any tax refund for such business
approved under this section must be reduced by the
amount of any such tax abatement granted or the
value of the land granted, and the limitations in
subsection (3) and paragraph (4)(e) must be
reduced by the amount of any such tax abatement
or the value of the land granted. A report listing all
sources of the local financial support shall be
provided to the office when such support is paid to
the account.
(e) A prorated tax refund, less a 5- percent
penalty, shall be approved for a qualified target
industry business if all other applicable
requirements have been satisfied and the business
proves to the satisfaction of the office that:
1. It has achieved at least 80 percent of its
projected employment; and
2. The average wage paid by the business is at
least 90 percent of the average wage specified in
the tax refund agreement, but in no case less than
115 percent of the average private sector wage in
11A "
the area available at the time of certification, or
150 percent or 200 percent of the average private
sector wage if the business requested the additional
per -job tax refund authorized in paragraph (3)(b)
for wages above those levels. The prorated tax
refund shall be calculated by multiplying the tax
refund amount for which the qualified target
industry business would have been eligible, if all
applicable requirements had been satisfied, by the
percentage of the average employment specified in
the tax refund agreement which was achieved, and
by the percentage of the average wages specified in
the tax refund agreement which was achieved.
(f) The office, with such assistance as may be
required from the Department of Revenue or the
Agency for Workforce Innovation, shall, by June 30
following the scheduled date for submission of the
tax refund claim, specify by written order the
approval or disapproval of the tax refund claim and,
if approved, the amount of the tax refund that is
authorized to be paid to the qualified target
industry business for the annual tax refund. The
office may grant an extension of this date on the
request of the qualified target industry business for
the purpose of filing additional information in
support of the claim.
(g) The total amount of tax refund claims
approved by the office under this section in any
fiscal year must not exceed the amount authorized
under s. 288.095(3).
(h) This section does not create a presumption
that a tax refund claim will be approved and paid.
(i) Upon approval of the tax refund under
paragraphs (d), (e), and (f), the Chief Financial
I I A
Officer shall issue a warrant for the amount
specified in the written order. If the written order
is appealed, the Chief Financial Officer may nor.
issue a warrant for a refund to the qualified target
industry business until the conclusion of all appeals
of that order.
(7) ADMINISTRATION. —
(a) The office may verify information provided
in any claim submitted for tax credits under this
section with regard to employment and wage levels
or the payment of the taxes to the appropriate
agency or authority, including the Department of
Revenue, the Agency for Workforce Innovation, or
any local government or authority.
(b) To facilitate the process of monitoring and
auditing applications made under this section, the
office may provide a list of qualified target industry
businesses to the Department of Revenue, to the
Agency for Workforce Innovation, or to any local
government or authority. The office may request:
the assistance of those entities with respect to
monitoring jobs, wages, and the payment of the
taxes listed in subsection (3).
(c) Funds specifically appropriated for tax
refunds for qualified target industry businesses
under this section may not be used by the office for
any purpose other than the payment of tax refunds
authorized by this section.
(d) Beginning with tax refund agreements signed
after July 1, 2010, the office shall attempt to
ascertain the causes for any business's failure to
complete its agreement and shall report its findings
and recommendations to the Governor, the
President of the Senate, and the Speaker of the
.� w ■
11A
House of Representatives. The report shall be
submitted by December 1 of each year beginning in
2011.
(8) EXPIRATION. —An applicant may not be
certified as qualified under this section after June
30, 2020. A tax refund agreement existing on that
date shall continue in effect in accordance with its
terms.
History. —s. 76, ch. 94 -136; s. 44, ch. 96 -320; s. 31, ch.
97 -99; s. 19, ch. 97 -278; s. 7, ch. 98 -75; s. 26, ch. 99 -251; s.
38, ch. 2000 -210; S. 59, ch. 2001 -61; s. 11, ch. 2002 -294; s.
4, ch. 2002 -392; s. 8, ch. 2003 -36; s. 341, ch. 2003 -261; s. 3,
ch. 2003 -270; s. 61, ch. 2004 -269; s. 3, ch. 2005 -276; s. 38,
ch. 2007 -5; s. 17, ch. 2009 -51; s. 1, ch. 2010 -136; s. 18, ch.
2010 -147.
'Note.— Substituted by the editors for a reference to
subparagraph (4)(a)1. to conform to the redesignation of
subsections in the amendment to s. 288.106 by s. 1, ch.
2010 -136.
11A
RaineyJennifer
From:
KlatzkowJeff
Sent:
Tuesday, May 03, 2011 3:19 PM
To:
RaineyJennifer
Cc:
HillerGeorgia
Subject:
RE: Economic Development Agenda Item 1 OD
Commissioner: If the Board elects to award this grant it will be primarily based on the highlighted statute. As an aside,
if this recommendation is approved the item must come back to the Board in the form of an agreement, which
agreement I will draft with the requisite Board findings of fact in the recitals to meet all legal requirements.
LEGAL CONSIDERATIONS: The applicant does not meet the Ordinance's minimum threshold for the creation of 20 new
full -time jobs at 150% of the current Collier County private- sector average wage ($58,079), as they are proposing to
create 15 jobs at 131% of the Collier County private- sector average wage ($50,833). That said, by Ordinance No. 2009-
22 the Board of County Commissioners declared that a State of Local Economic Emergency exists within Collier County,
finding, among other things, a significant loss of jobs within the County. Additionally, pursuant to Florida Statute Section
125.045 (County econoM development powers); the Board of County Commissioners is expressly authorized to make
„grants to private enterprises far the expansion of bt. sinesses existing in the community or the attraction of new
businesses in the community." Accordingly, it is the opinion of the County Attorney that this item is legally sufficient for
Board action. —JAK
As an aside, any substantive issue with this item ought to be addressed to the EDC; both this item and the
recommendation come from the EDC, not from staff or me.
Jeff Klatzkow
From: RaineyJennifer
Sent: Tuesday, May 03, 20118:08 AM
To: RaineyJennifer; Klatzkow)eff
Cc: HillerGeorgia
Subject: RE: Economic Development Agenda Item 10D
Jeff this is now 10C it moved from yesterday.
Jennifer Rainey
Executive Aide to Board of County Commissioners
Aide to Commissioner Georgia Hiller, District #2
3299 Tamiami Trail East, Suite # 303
Naples, FL 34112
(239) 252 -8602
(239) 252 -3602 Fax
From: RaineyJennifer
1
Agenda Item #: I I A— Meeting Date: _51Qq it
Presented by: Q+e0rc�\e_ \A,\\er
Sent: Tuesday, May 03, 20117:49 AM
To: KlatzkowJeff
Cc: RaineyJennifer; HillerGeorgia
Subject: Economic Development Agenda Item IOD
Jeff, the Commissioner would like you to supply for upload to item 10D the following:
• Specific law that allows for waivers (highlight or underline the specific section)
• Specific ordinance that applies and by which you rely on for your opinion that allows for waivers
(highlight the section that applies)
Please send me the information today. I am happy to upload this backup to the item for you or your staff can
add it please let me know.
Thank you,
Jennifer Rainey
Executive Aide to Board of County Commissioners
Aide to Commissioner Georgia Hiller, District #2
3299 Tamiami Trail East, Suite # 303
Naples, FL 34112
(239) 252 -8602
(239) 252 -3602 Fax
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public, records reluest, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Agenda item #: I I A Meeting Cate :sjzy /t
11A a
Presented by: Q&OrSr%C4_ VV\\ e
ZESOLUTION 2006 -_ 1Z
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONE SU ERSED NG AND R PLAC NG RESOLOTIA 409,
IN ORDER TO AMEND THE PROCEDURES AND THE
REGULATORY PROCESS PROGRAM FOR EXPEDITING
THE DEVELOPMENT REVIEW PROCESS FOR
QUALIFIED ECONOMIC DEVELOPMENT COUNCIL
"FAST TRACK" PROJECTS, AS CODIFIED IN THE
COLLIER COUNTY ADMINISTRATIVE CODE.
RECITALS
WHEREAS, it is the policy of the State of Florida and Collier County to encourage the
growth of high value -added employment and the economic base by providing assistance to
qualified targeted industries that create high -wage job opportunities; and
WHEREAS, the County working with the Economic Development Council of Collier
County will promote a "fast track" permitting review and approval program to expedite land use
and permitting applications for targeted industries in Collier County; and
WHEREAS, on November 29, 2005, through adoption of Resolution 05 -409, the Board
of County Commissioners established the procedures and the regulatory process program for
expediting the development review process for qualified economic development council "fast
track" projects; and
WHEREAS, following adoption of Resolution 05 -409, staff determined that the
Resolution contained two, unintended minor errors, and the Board of County Commissioners
desires to rescind Resolution 05 -409 and have this new Resolution take its place in order to
correct the errors; and
WHEREAS, these procedures are appropriate for inclusion in the Collier County
Administrative Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
This Resolution shall supersede and replace Resolution 05 -409.
2. The foregoing Recitals are adopted as true and incorporated as part of this
Resolution.
3. The intent of the Board of County Commissioners is to apply these procedures to
development orders or permit applications certified by the Economic Development
Council (EDC) of Collier County as qualified for an expedited review and in doing
so identify such projects as EDC "Fast Track" projects.
Page I of 7
11A i
4. The Board of County Commissioners' economic development expedited review
policy as set forth below is to be included where appropriate in the Collier County
Administrative Code and is adopted for immediate use, as follows:
A. Purpose /Scope: Establish procedures for expedited reviews of all development orders
and permits qualifying as an EDC "Fast Track" approved application. The EDC "Fast Track"
expedited preview process for qualified development orders and permits is not intended to
otherwise modify or alter existing procedural standards for reviewing development orders and
permit applications, including those that do not qualify for EDC "Fast Track" expedited review
status.
B. Applicability: These procedures apply to the review of all qualified development orders
and permits for new and expanding development in Collier County approved under the EDC
targeted industry expedited review program. In order to qualify for "Fast Track" expedited
review the applicant for a proposed development order or permit must:
I. Include an application approved by the Economic Development Council of
Collier County and verified by the Director of Zoning and band Development Review
stating that the project has qualified for EDC "Fast Track" expedited review status; and
2. Specifically request EDC "Fast Track" expedited review project status as part of
an application for a county development order or permit, as defined in the Collier County
Land Development Code (LDC) Section 1.08.02, including but not limited to: rezone
petitions, including those for PUD district; Site Development Plans; and Building
Permits, including their corresponding zoning, engineering, environmental,
transportation, and fire code reviews.
3. Qualifying EDC "Fast Track" projects are projects or developments that:
a. Create new or expanded businesses that are "Targeted Industries" which
are defined as businesses that are aggressively pursued for relocation to, or
expansion within, the local jurisdiction by the Economic Development
County of Collier County, They may include, but are not limited to the
following industries: aviation, information technology, biomedical,
manufacturing, corporate headquarters, research and development,
wholesale trade and distribution, and companies locating or expanding
within the Immokalee Rural Federal Enterprise Community.
Page 2 of 7
11A
b. Provide 150% or more of the current private sector average wage for
projects in High Impact Areas, which is a designation given to qualifying
economic development projects located outside of Eastern Collier County
and the Immokalee Rural Federal Enterprise Community; or 115% of the
current private sector average wage for projects in Eastern Collier County
which is defined as 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; or 50% of the current private sector
average wage for projects in the Immokalee Rural Federal Enterprise
Community which 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. § §
290.001 — 290.016.
C. Creation of full time jobs at the following levels: a minimum of 20 new
full time jobs in the High Impact Areas; or a minimum of 10 new full time
jobs in Eastern Collier County; or a minimum of 5 new jobs within the
Immokalee Enterprise community.
C. EDC Fast Track Expedited Review Procedures.
I . EDC "Fast Track" expedited review qual(j%ation meeting
Prior to an application for a development order or permit being submitted to Collier
County for an EDC "Fast Track" expedited review, the applicants or agents must attend a
qualification meeting with the Economic Development County of Collier County. Those
that demonstrate compliance as defined in B.3, above, will be issued an EDC "Fast
Track" certificate of expedited review by the Economic Development County of Collier
County.
2. Submittal of EDC "Fast Track" expedited review Application and Certificate.
Once qualified, a complete development order or development permit application,
including the EDC "Fast Track" certificate of expedited review must be submitted to the
Page 3 of 7
11A °t
County for expedited review within six (6) months from date of issuance of the
certificate. If a complete development order or permit application is not submitted within
six (6) months from the date of issuance of the certificate, the applicant must apply to be
re- qualified under 1., above.
3. EDC "Fast Track" expedited review time line for application sufficiency.
Complete development order or development permit application submittal packages, once
time - stamped by the Department of Zoning and Land Development Review, or the
Building Review and Permitting Department, will receive an expedited sufficiency
review within two (2) business days as set forth below.
a. To be considered "complete" an application submittal package must
include all items indicated in the pre - application meeting notes, EDC
Certificate, and any and all required documentation as noted on the
application checklist.
b. The Department of Zoning and Land Development Review, or the
Building Review and Permitting Department, will review the submittal
package and determine it to be "complete" or "incomplete" at the time the
application is submitted.
C. An application package deemed "incomplete" will not be accepted and
will be returned to the applicant and the applicant will be advised of the
deficiencies and will be directed to reapply. With each subsequent
completeness submittal, the Department of Zoning and Land Development
Review or the Building Review and Permitting Department will determine
an application package to be "complete" or "incomplete" at the time of
submittal.
d. Once an application package is deemed "complete" it will have all
necessary data entered into the computer- tracking program noting the
EDC "Fast Track" expedited review period: 120 business days for
Rezoning Petitions, 60 business days for Plat or Site Development Plans,
or 75 business days for commercial Building Permits. If an
Environmental Impact Statement is required with the application, an
additional 30-45 business day of review time may be required to
adequately coordinate letters of technical assistance for appropriate state'
Page 4of7
11A N
and federal review agencies. These review periods will include all the
necessary public hearings; however, they are predicated on the required
quorum before the Environmental Advisory Counsel (EAC) and the
Collier County Planning Commission (CCPC) and scheduled meeting
dates of the Board of County Commissioners (BCC).
e. In addition, an EDC "Fast Track" expedited review routing sheet will be
completed, attached, and the application package will be distributed for
staff review within two (2) business days from sufficiency determination.
4. Expedited review times for staff EDC Fast Track expedited review projects.
a. Review of any development order or permit with EDC "Fast Track"
expedited review status will be completed and the appropriate staff reports
and approvals completed within 120 business days for rezoning requests,
60 business days for platting or Site Development Plan requests, or 75
business days for residential Building Permit requests from date of
distribution for staff review.
b. As may be appropriate, subsequent public hearings before the EAC,
CCPC, and the BCC will then be scheduled consistent with paragraph 5
below. To insure that expedited review applications move through the
review process in a timely manner, all re- submittals should be provided to
the County within 20 business days from posting of final staff review
comments on the computer tracking system. As such, the County's
60/12075- business day review timeframes will not include any time when
the application has been returned to the applicant for corrections based on
staff's sufficiency review comments.
C. In order to meet the expedited review period, staff reviewers must
complete their initial review of EDC "Fast Track" expedited review
applications within fifteen (15) business days from receipt for rezone
petitions, seven (7) business days from receipt for platting and Site
Development Plans, or 25 business days from receipt for commercial
Building Permits. If an Environmental Impact Statement is required with
the application, a 30-45 additional business day review time will be
required. Review comments will be forwarded via fax or email to they
Page 5 of 7
11A
applicant and the owner within one (1) working day of when they are
posted to the computer tracking system.
d. Within two (2) business days from receipt by CDES, any additional
information, including any corrected plans submitted in response to the
reviewer's comments, will be distributed to the appropriate reviewers.
C. Resubmitted information and/or corrected plans will be reviewed under
the same procedures until all of the assigned reviewers have approved the
development order or permit and final approval is granted by the County
Manager or his designee.
f. Once an application for a development order or permit has been rejected
three (3) times by county staff, the applicants or agents along with the
owner or developer and a representative of the EDC must attend a
mandatory project review meeting to be held with all county reviewers yet
to approve the application.
5. Public Meeting and Hearings. Qualified EDC "Fast Track" expedited review
projects will be given first priority for scheduling of all neighborhood informational
(NIM) meetings, development review /pre - application meetings, and public hearings.
D. Applicant Requirements.
1. Application Agreement. Prior to the submittal of a development permit or order
application, the applicant shall sign and enter into an "Application Agreement"
with Collier County and the Economic Development Council in order to
participate in the Fast Track expedited review program and agree to the terms and
requirements of the program, including, but not limited to, the timely submission
of all information relevant to the petition and subsequent submittals of
information in response to staff reviews.
2. Certification of Compliance. A notarized affidavit from an officer of the
qualifying corporation or business shall be provided to the Economic
Development Council and the Operation Support and Housing Director of Collier
County certifying that the new jobs created, that qualified the new or expanding
business for the Fast Track Program, have been created and meet the wage
requirements as identified within this Resolution, Such certification must be
Page 6 of 7
11A 'o
received within twelve (12) months of the issuance of the first Certificate of
Occupancy for the specified project.
This Resolution adopted after motion, second, and majority vote this -� day of
A
2006.
ATTEST:.,
DWIGH'i'� 4i0* -XLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
OPOO
By:
t!l1i:�Y t0 a
FRANK HALAS, CHAIRMAN
tlVattre only.
Appfved as tQ form
and ¢ai Lf iencv:
A.
Attorney
Page 7 of 7
. e
A
ORDINANCE NO. 2009- 22
A ADINANCE OF THE A OF COUNTY COMMISSIONERS OF
`C}! C LIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL
ONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE
l��e8L9gvS' LANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT
EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.1) OF
THE LAND DEVELOPMENT CODE; 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, individual citizens and families living in the United States, Florida and
Collier County are experiencing negative effects from this economic downturn; and
WHEREAS, because of significant revenue decreases at the State and local levels, jobs
are being lost, homes are being foreclosed, and services are being cut; and
WHEREAS, Collier County 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 10.02.13.D of the Collier County Land Development Code provides
for Planned Unit Development time limit and time limit extension requirements. The local
economic emergency has created a situation that is making it impractical, if not impossible, for
developers of Planned Unit Developments to complete their projects within the time limits
established prior to this period of local emergency. Collier County currently has a very large
number of homes 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
WHEREAS, tolling of the Planned Unit Development time limit and time limit extension {—''
is necessary to relieve conditions resulting from the local economic emergency; and
Agenda Item #: 1 Meeting Date: l I
Presented by: C—,rQ r -, V--1r'1 \w
11A' n
WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit
Development time limit and time limit extension provisions without going through the process of
amending the Land Development Code as set forth in Sections 10.02.08.0 and 10.02.09 of the
Land Development Code.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Short Title and Recitals.
This Ordinance shall be known as the Collier County Local Economic Emergency
Ordinance, and the above findings and recitals are hereby adopted by reference into this
Ordinance.
SECTION TWO: Declaration of Local Economic Emergency.
The Collier County Board of County Commissioners, convened in regular session,
hereby declares and ordains that a local economic emergency exists within Collier County,
Florida, requiring immediate measures to address the emergency before irreversible harm is done
to the economic well being of the citizens of the County. This Ordinance is adopted after public
hearing pursuant to, and in accordance with, Section 125.66(2), Florida Statutes.
SECTION THREE: Tolling of Land Development Code Section 10.02.13.D.
Section 10.02.13.13 of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2011 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 Commissioners will determine if the declaration of Local Economic Emergency
should be ended.
Page 2 of 3
11A' 4
SECTION FOUR: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, 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 of this Ordinance shall become and 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 SIX: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of M R , 2009.
ATTEST:
DWIGHT E. BROCK, Clerk
i CI, 11r �Jlnii'
puts Clerk
,� flA i M h'1Ran s
.f
Ap '"6r bd1ai iot form
anllc%aL stfficieov:
J
04-COA -010 V1039/4 -24-09
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DOPWkALA, Chairman
Page 3 of 3
'nliT it►wiW
of Sr te'a G
and ocknowledgemc' t� ����
fill recei fh' dal
of 1
11A
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:
ORDINANCE 2009 -22
Which was adopted by the Board of County Commissioners
on the 12th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of May, 2009.
DWIGHT E. BROCK
Clerk of Courts and- Clerk
Ex- officio to Board of
County Commission#ts
By: Teresa Polaski`,
Deputy Clerk
5/24/2011 Item 11.A.
EXECUTIVE SUMMARY 11 A
Request for authorization to advertise and bring back for future consideration an
amendment to Chapter 49 of the Collier County Code of Laws and Ordinances, relating to
economic development, which will establish additional criteria to be evaluated (1) when
there is a request to lessen or waive certain requirements in existing economic development
ordinances and programs, and (2) when there is an application seeking grants and /or other
incentives which fall outside existing economic development ordinances and programs.
OBJECTIVE: To obtain the Board of County Commissioners' (Board's) authorization to
advertise and bring back for future consideration an ordinance amending Chapter 49 of the Code
of Laws and Ordinances in order to establish additional criteria and provide flexibility in
awarding grants and other economic incentives in addition to the eligibility criteria set forth in
each incentive program.
CONSIDERATIONS: Chapter 49 of the Code of Laws and Ordinances is a "toolbox" of
economic incentive programs intended to promote and foster economic diversification through
the retention of high wage jobs in targeted industry clusters. The first of these programs was the
Job Creation Investment Program. Subsequently, the Board established the Fee Payment
Assistance Program, the Property Tax Stimulus Program, an Advanced Broadband Infrastructure
Investment Program, a Job Retention Investment Program, and a mechanism to create Innovation
Zones. Some of these programs have been amended from time -to -time.
At its May 10, 2011 regular meeting (Item 10 -C), the Board considered an Economic
Development Council request to waive the minimum job creation and wage requirement for a
business locating in western Collier County (Collier Scrap Metal Recycling, Inc.). At the end of
this discussion, the Board directed the County Attorney to draft an amending ordinance to allow
the Board, upon the finding of good cause shown, to waive some or all of the requirements set
forth in the programs codified in Chapter 49. It is the opinion of the County Attorney that
established criteria would help the Board in making such a determination, and lessen the risk that
the Board's decision could be challenged as arbitrary or capricious.
When drafting this amendment, it became clear that the same criteria that could be utilized when
the Board is asked to lessen or waive requirements in existing economic development programs
could also be utilized if the Board is asked to consider awarding a grant or other incentives
which fall outside existing programs.
The proposed amendment creates new Sections 49 -10, 49 -11 and 49 -12 to the Code of Laws and
Ordinances of Collier County which would read as follows:
ARTICLE I. IN GENERAL
Section 49 -10 Economic Development — Purpose.
It is the policy of the Board to promote economic growth which results in
high wage jobs and helps diversify the economy of Collier County. To further
this policy, the Board from time -to -tune will enact ordinances designed to
encourage private sector investing within Collier County which results in
Packet Page -235-
5/24/2011 Item 11.A.
increased employment opportunities for Collier County residents. Such
ordinances are in addition to all powers the Board enjoys under its Home Rule
powers and as set forth in Florida Statutes Sec. 125.045 (County economic
development powers), as may be amended from time -to -time by the State
Legislature.
Section 49 -11 Criteria in Awarding Grants and other Incentives
In addition to the Eligibility Criteria set forth in each program, the Board
may also consider the following criteria in its review:
a. The type of business that is proposed;
b. The total number of net jobs to be created and retained by the project;
c. The expected number of employees who will reside in the County;
d. The average wage of the jobs to be created and retained, both considering
executive compensation and excluding executive compensation;
e. The health, retirement and other benefit package offered to the prospective
f.
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employees;
The projected capital investment of the project, including land, building and
equipment;
The projected completion date for the project. If the project is to be completed in
phases, then the dates of such phases and the number of jobs projected to
commence with each phase;
The environmental impact of the proposed business;
The impact that the proposed business would have on existed businesses and
employment within Collier County;
Whether the proposed business will utilize local sources of supply;
Whether the proposed business is expected to employ current County residents;
Whether the proposed business is expected to attract other employers to Collier
County;
The current economic climate of the County, including the unemployment rate
and housing vacancy rate;
Whether the proposed relocation or expansion would occur without the award;
Whether the proposed business can be serviced by existing mass transit;
The impact to County Government revenues projected by the business and by the
increase in employment;
The impact to County Government costs in providing services and infrastructure
to the proposed business and projected employment; and
Other such factors that the Board may deem relevant in evaluating the merits of
the application.
Applications for grants and other incentives that do not fall within existing
programs will be evaluated utilizing the criteria set forth above.
Section 49 -12 Waiver.
With respect to all economic development ordinances previously enacted
by the Board of County Commissioners, which are codified in Chapter 49 of the
Packet Page -236-
5/24/2011 Item 11.A.
Collier County Code of Laws and Ordinances, and unless otherwise set forth to 1 1 A
the contrary, with respect to all economic development ordinances to be enacted
hereafter, such ordinances and the programs set forth therein are to be liberally
construed, and that upon the finding of good cause show, utilizing the criteria set
forth in Section 49 -11, the Board may lessen or waive any requirements set forth
in such ordinances and the programs set forth therein.
FISCAL IMPACT: Advertising costs are approximately $400.00.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorizes the County
Attorney to advertise and bring back for future consideration an ordinance amending Chapter .49
of the Code of Laws and Ordinances which establishes additional criteria and provides flexibility
in awarding grants and other economic incentives in addition to the eligibility criteria set forth in
each incentive program.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
(. Nod
Packet Page -237-
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A.
5/24/2011 Item 11.A.
11A i
Item Summary: Request for authorization to advertise and bring back for future
consideration an amendment to Chapter 49 of the Collier County Code of Laws and Ordinances,
relating to economic development, which will establish additional criteria to be evaluated (1)
when there is a request to lessen or waive certain requirements in existing economic
development ordinances and programs, and (2) when there is an application seeking grants
and /or other incentives which fall outside existing economic development ordinances and
programs.
Meeting Date: 5/24/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/18/2011 12:31:28 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/18/2011 1:30:05 PM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 5/18/20112:28:42 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/18/20113:02:06 PM
Packet Page -238-
5/24/2011 Item 11.A.
ORDINANCE NO. 2011- 1 A I
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ARTICLE I OF CHAPTER
49 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
BY PROVIDING FOR AN OVERALL PURPOSE FOR ECONOMIC
DEVELOPMENT ORDINANCES ENACTED BY THE BOARD;
PROVIDING THAT SUCH ORDINANCES ARE IN ADDITION TO ANY
AND ALL ECONOMIC DEVELOPMENT POWERS THE BOARD MAY
OTHERWISE EXERCISE UNDER LAW; PROVIDING THAT SUCH
ORDINNACES ARE TO BE LIBERALLY CONSTRUED, AND UPON A
FINDING OF GOOD CAUSE SHOWN FOR A WAIVER OF ANY AND
ALL REQUIREMENTS SET FORTH IN ECONOMIC DEVELOPMENT
ORDINANCES AND THE PROGRAMS SET FORTH THEREIN;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, based upon a legislative finding that the Collier County's historical
dependence upon tourism, agriculture and construction are susceptible to economic cycles and
downturns in the economy, on March 12, 2003, the Board of County Commissioners directed
staff to move forward with proposals for a "toolbox" economic diversification to promote and
foster economic diversification through the retention of high wage jobs in targeted industry
clusters; and
WHEREAS, in keeping with this direction, staff brought forward various proposals, and
the Board enacted Ordinance 2003 -63, which amended the Collier County Code of Laws and
Ordinances by creating new Chapter 49 — Economic Development, with the first of these
programs, the Job Creation Investment Program; and
WHEREAS, the Board added additional programs to this Chapter 49 "toolbox," which
include the Fee Payment Assistance Program enacted by Ordinance 2003 -61; a Property Tax
Stimulus Program enacted by Ordinance 2003 -62; an Advanced Broadband Infrastructure
Investment Program enacted by Ordinance No. 2005 -56; a Job Retention Investment Program
enacted by Ordinance 2008 -16; and establishing a mechanism to create Innovation Zones as set
forth in Ordinance 2010 -20, some of which programs have been amended from time -to -time; and
WHEREAS, the Board wishes to make clear that these programs are in addition to all
powers the Board enjoys under its Home Rule powers and as set forth in Florida Statutes Sec.
125.045 (County economic development powers), as may be amended from time -to -time by the
State Legislature; that these programs are to be liberally construed, and that the Board, upon the
Packet Page -239-
5/24/2011 Item 11.A.
11A
finding of good cause shown, may waive some or all of the requirements set forth in the
Ordinances and the Programs codified in Chapter 49 of the Collier County Code of Laws and
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Collier County hereby adopts an Ordinance that amends Chapter 49 of the
Collier County Code of Laws and Ordinances as follows:
ARTICLE I. IN GENERAL
Section 49 -10 Economic Development — Purpose.
It is the policy of the Board to promote economic growth which results in high wage jobs
and helps diversify the economy of Collier County. To further this policy, the Board from time -
to- time will enact ordinances designed to encourage private sector investing within Collier
County which results in increased employment opportunities for Collier County residents. Such
ordinances are in addition to all powers the Board enjoys under its Home Rule powers and as set
forth in Florida Statutes Sec. 125.045 (County economic development powers), as may be
amended from time -to -time by the State Legislature.
Section 49 -11 Criteria in Awarding Grants and other Incentives
In addition to the Eligibility Criteria set forth in each program, the Board may also consider
the following criteria in its review:
a. The type of business that is proposed;
b. The total number of net jobs to be created and retained by the project;
c. The expected number of employees who will reside in the County;
d. The average wage of the jobs to be created and retained, both considering executive
compensation and excluding executive compensation;
e. The health, retirement and other benefit package offered to the prospective employees;
f. The projected capital investment of the project, including land, building and equipment;
g. The projected completion date for the project. If the project is to be completed in
phases, then the dates of such phases and the number of jobs projected to commence
with each phase;
Packet Page -240-
5/24/2011 Item 11.A.
h. The environmental impact of the proposed business; 11 A
P P P
i. The impact that the proposed business would have on existed businesses and
employment within Collier County;
j. Whether the proposed business will utilize local sources of supply;
k. Whether the proposed business is expected to employ current County residents;
1. Whether the proposed business is expected to attract other employers to Collier County;
m. The current economic climate of the County, including the unemployment rate and
housing vacancy rate;
n. Whether the proposed relocation or expansion would occur without the award;
o. Whether the proposed business can be serviced by existing mass transit;
p. The impact to County Government revenues projected by the business and by the
increase in employment;
q. The impact to County Government costs in providing services and infrastructure to the
proposed business and projected employment; and
r. Other such factors that the Board may deem relevant in evaluating the merits of the
application.
Applications for grants and other incentives that do not fall within existing programs will be
evaluated utilizing the criteria set forth above.
Section 49 -12 Waiver.
With respect to all economic development ordinances previously enacted by the Board of
County Commissioners, which are codified in Chapter 49 of the Collier County Code of Laws
and Ordinances, and unless otherwise set forth to the contrary, with respect to all economic
development ordinances to be enacted hereafter, such ordinances and the programs set forth
therein are to be liberally construed, and that upon the finding of good cause show, utilizing the
criteria set forth in Section 49 -11, the Board may lessen or waive any requirements set forth in
such ordinances and the programs set forth therein.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
Packet Page -241-
5/�4J2�11 Item 11.A.
11
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances 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 shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Packet Page -242-
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Agenda Item #: IA Meeting Date : LJ
Presented by: `�.l� r�► ►61. 1''���
Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC 11 A
DEVELOPMENT >>
Chapter 49 - ECONOMIC DEVELOPMENT LUZ
ARTICLE I. - IN GENERAL
ARTICLE 11. - FEE PAYMENT ASSISTANCE PROGRAM
ARTICLE III. - JOB CREATION INVESTMENT PROGRAM
ARTICLE IV. - PROPERTY TAX STIMULUS PROGRAM
ARTICLE V. - ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM
ARTICLE VI. - JOB RETENTION INVESTMENT PROGRAM
ARTICLE VII. - INNOVATION ZONES
FOOTNOTE(S):
Cross reference— Impact fee regulations, § 74 -202 et seq.; taxation, ch. 126 Lgqgkj
Collier County, Florida, Code of Ordinances >> PART 1- CODE >> Chapter 49 - ECONOMIC
DEVELOPMENT >> ARTICLE 1. - IN GENERAL >>
.... ..... _....__ .............. ......... ..
ARTICLE I. - IN GENERAL
..... __. .............
Secs. 49- 1- 49 -19. - Reserved.
Secs. 49- 1- 49 -19. - Reserved.
Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC
DEVELOPMENT >> ARTICLE 11. - FEE PAYMENT ASSISTANCE PROGRAM >>
_..... ......_..
ARTICLE II. - FEE PAYMENT ASSISTANCE PROGRAM
Sec. 49 -20. - Applicability.
Sec. 49 -21. - Purpose
Sec. 49 -22. - Specific definitions
Sec. 49 -23. - Fee payment assistance program
Sec. 49 -24. - Implementation
Sec. 49 -25. - Program eligibility criteria
Secs. 49- 26- 49 -29. - Reserved
Sec. 49 -20. - 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 interfocal agreement.
(Ord No. 03 -61, § 1. 11- 18 -03)
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Sec. 49 -21. - 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
impact fee rates; (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 companies thus increasing and diversifying the
county's tax base.
(Ord. No. 03 -61, § 1. 11- 18 -03)
Sec. 49 -22. - 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 to lowest 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.
(4) "Impact fee" means the fee imposed by the county pursuant to section 74 -201 or, if applicable,
the alternative impact fee.
(4.1) "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.
(5) "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. §§ 290.001- 290.016.
(6) "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 Immokalee Rural Federal Enterprise
Community.
(Ord. No. 03 -61, § 1. 11- 18 -03; Ord. No. 2006 -36; § 1)
Sec. 49 -23. - Fee payment assistance program.
(a) General requirements. Pursuant to the provisions set forth in this section, the county establishes a fee
payment assistance program for the payment of impact fees for eligible development projects. The fee
payment assistance program will be eligible to projects located within commercial, industrial, business
park, and technology park land uses.
(1) Application process. Any business seeking eligibility for payment through the fee payment
assistance program must 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:
a. The name and address of the business owner; and
b. A current and complete legal description of the site upon which the project is proposed to
be located; and
C. The type of business proposed, using Standard Industrial Classification (SIC) or North
American Industrial Classification System (NAICS); and
d. The number of jobs to be created and retained as a result of the project; and
e. The average wage of those jobs created and retained; and
f. The total capital investment of the expansion or relocation project including land, building,
and equipment costs; and
(2) g. The date (month and year) when the project will be substantially complete.
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Agreement. If the proposed project meets the requirements for payment under the fee payment
assistance program as set forth in this article, the county manager is authorized to enter into an
agreement with the business owner as set forth below. The fee payment assistance program will
pay no more than the amount of impact fees due pursuant to section 74 -202 of the Collier County
Laws and Ordinances.
(Ord. No. 03 -61, § 11 11- 18 -03; Ord. No. 04 -45. § 1; Ord, No. 2005 -30, § 1)
................... .
Sec. 49 -24. - Implementation.
(a) Under this fee payment assistance program the eligible business will pay its tax bill in full to the tax
collector's office annually, on or before the date it is due. The program obligation period will be no
longer than ten years if the project is located outside the rural federal enterprise community (hereinafter
"enterprise community"), or no longer than 15 years if the project is located within the enterprise
community. Companies located in a high impact area, that is an area outside the enterprise community
and eastern Collier County, must be pre- approved for program participation by the board of county
commissioners and, if so approved, are obligated to this program for a maximum of ten years.
Companies will be eligible for an incentive award which will be calculated by multiplying the above -
described total capital investment by the current millage rate then multiplied by either ten (projects
located in areas outside the enterprise community) or 15 (projects located within the enterprise
community). The incentive award may not exceed the dollar amount of the impact fees due for the
project. Any payment made under this program is subject to funding availability. A development project
participating in the fee payment assistance program is not eligible to also participate in the property tax
stimulus program or the charitable organization waiver program that may be offered by the county.
Companies will be eligible for an incentive award which will be calculated by multiplying the above -
described total capital investment by the current millage rate then multiplied by either ten (projects located in
areas outside the enterprise community) or 15 (projects located within the enterprise community). The
incentive award may not exceed the dollar amount of the impact fees due for the project. Any payment made
under this program is subject to funding availability. A development project participating in the fee payment
assistance program is not eligible to also participate in the property tax stimulus program that may be offered
by the county.
(b) The eligible business under the fee payment assistance program will enter into a fee payment
assistance program agreement (the agreement) with the county, and the agreement must provide for,
as a minimum, the following and will include such provisions as may be deemed necessary by the
Board to effectuate the provisions of this article:
(1) The legal description of the development.
(2) That the amount of the impact fees paid by the program will in all events become due and
payable and shall be immediately re -paid to the county by the property owner if the property is
sold or transferred without prior written approval from the county at any time after the first
certificate of occupancy has been issued for the development and prior to the ten -year obligation
period, or prior to the 15 -year obligation period for a project within an enterprise community, and
the impact fees must be paid in full to the county. Any outstanding (i.e., as yet not repaid) impact
fee amounts previously paid under this program will become due and payable and must then be
immediately repaid to the county in the event of sale or transfer prior to expiration of the program
obligation period. If not so repaid, the obligation will be a lien on the property under the following
subsection.
(3) The payment of impact fees via the fee payment assistance program will constitute a lien on the
eligible business's property which lien may be foreclosed upon in the event of non - compliance
with the requirements of the agreement. The amount specified in an approved agreement will
serve as the amount of a lien against the development and the real property upon which the
development is located. Neither the payment of impact fees, nor the agreement providing for the
payment of impact fees, may be transferred, assigned, credited or otherwise conveyed from the
property without prior written approval from the county.
(4) The county's interest may be subordinated to all first mortgages or other co -equal security
interests, and will automatically be subordinate to the owner's previously recorded first mortgage
and /or any government funded affordable business loan such as the U.S. Small Business
Administration (SBA) or the U.S. Department of Agriculture (USDA) loan.
(5) Upon satisfactory completion of all requirements of the agreement, the county may record any
necessary documentation evidencing same, including, but not limited to, a release of lien. The
lien will not terminate except upon the recording of a release or satisfaction of lien in the public
records of Collier County. Such release will be recorded upon payment in full or satisfaction.
(6) 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 program's payment of the impact fees not yet recouped
and previously paid under this program 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
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in enforcing the agreement, plus interest at the then maximum statutory rate for final judgments,
calculated on a calendar day basis until paid.
(7) Approved agreements will be recorded in the official records of Collier County at no cost to the
county.
(c) Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued
by a resolution of the Board of County Commission prior to this date.
(Ord. No. 03 -61, § 1; 11- 18 -03; Ord. No. 04 -45; § 2. Ord, No. 2005 -30, § 2, Ord. No. 2008 -46. § 1, 9 -9 -08)
Sec. 49 -25. - Program eligibility 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 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. Create a minimum of five new 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 located within the boundary of the Immokalee Community Redevelopment Area and meet the
following criteria:
a. Create a minimum of five new job; 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.
(4) 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.
(5) An existing targeted industry company expanding within Collier County may include the wages of
the existing jobs and the newly created jobs to calculate the average wage for the purpose of
qualifying for the Fee Payment Assistance Program.
(Ord. No. 03 -61. § 1. 11- 18 -03. Ord No. 04 -24, § 2, Ord. No. 2008 -25, § 1)
Secs. 49- 26- 49 -29. - Reserved.
Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC
DEVELOPMENT >> ARTICLE III. - JOB CREATION INVESTMENT PROGRAM >>
...........
ARTICLE III. - JOB CREATION INVESTMENT PROGRAM
Sec. 49 -30. - Applicability.
Sec. 49-3l..- Purpose.
Sec 49 -32. - Specific definitions
Sec. 49 -33. - Job creation investment program
Sec. 49 -34. - Implementation.
Sec. 49 -35. - Program eligibility criteria
Secs. 49- 36- 49 -39. - Reserved
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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 intedocal agreement.
(Ord. No. 03 -60, § 1; 11- 18 -03)
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 sona ounty's economy; and (4) encourage investment
opportunities for new or existing businesses thus increasing and diversifying the county's tax base.
(Ord. No. 03 -60. § 1, 11- 18 -03)
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 andetate
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.
(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. §§ 290.001 - 290.016, pursuant to F.S. §§
290.001- 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.
(Ord. No. 03 -60. § 1, 11- 18 -03, Ord. No. 2006 -36; § 2)
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)
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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 manaaPr is authorized to ent an agreement
with the business owner. After the spec"f"iea new jobs are in place within the predetermined time
frslffiF, ll complete and submit to the county manager a request for funds, along
with documentation that the stated jobs are in place. At the beginMng ofeac coup is I 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.
(Ord. No. 03 -60; § 1. 11- 18 -03)
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.
(d) Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued
by a resolution of the board of county commission prior to this date.
(Ord. No. 03 -60, § 1, 11- 18 -03, Ord. No. 2008 -46, § 2, 9 -9 -08)
Sec. 49 -35. - Program eligibility 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 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:
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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.
(Ord. No. 03 -60. § 1, 11- 18 -03)
Secs. 49- 36- 49 -39. - Reserved.
...._. _ ................ _ _........ .
Collier County, Florida, Code of Ordinances >> PART I -'CODE >> Chapter 49 - ECONOMIC
DEVELOPMENT >> ARTICLE IV. - PROPERTY TAX STIMULUS PROGRAM >>
ARTICLE IV. - PROPERTY TAX STIMULUS PROGRAM
Sec. 49 -40. - Applicability.
Sec. 49-41. - Purpose.
Sec. 49 -42. - Specific definitions.
Sec. 49 -43. - Property tax stimulus program
Sec. 49 -44. - Implementation.
Sec. 49 -45. - Program eligibility criteria.
Secs. 49- 46- 49 -49. - Reserved.
Sec. 49 -40. - 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 interlocal agreement.
(Ord. No. 03 -62; § 1, 11- 18 -03)
Sec. 49 -41. - Purpose.
The purpose of this article is to: (1) provide a performance -based program offering financial assistance
for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of
rising 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 companies thus increasing
and diversifying the County's tax base.
(Ord. No. 03 -62, § 1; 11- 18 -03)
Sec. 49 -42. - Specific definitions.
When used in this article, the following terms have the meanings below, unless the context clearly
indicates otherwise:
(1) 'Average wage" is the annual rate paid to private- sector employees within Collier County, from
highest to lowest 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.
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(2) " Eastem 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.
(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. §§ 290.001- 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 companies locating or expanding within the Immokalee Rural Federal Enterprise
Community.
(Ord. No. 03-62, § 1, 11- 18 -03; Ord. No. 2006 -36, § 3)
Sec. 49 -43. - Property tax stimulus program.
(a) General requirements. Pursuant to the provisions set forth in this section, the county establishes a
property tax stimulus program providing payments (hereinafter the "payment') to offset the costs
associated with the relocation and /or expansion of targeted industries. The payment is a local option
economic incentive for new or expanding businesses that may be approved at the sole discretion of the
board subject to the criteria for such projects set forth below. The payments shall not accrue to
improvements to real property made by or for the use of new or expanding businesses when such
improvements have been assessed and included on the tax rolls of the calendar year preceding the
effective date of the agreement specifically approving the business as eligible, as provided in section 49
-44 herein.
(1) Application process. Any business owner seeking eligibility through the property tax stimulus
program (program) will file an application with the county manager requesting participation in the
program. The application will be filed prior to the business owner making the decision to locate or
expand within Collier County. The application must contain the following:
a. The name and address of the business owner; and
b. A current and complete legal description of the site upon which the project is proposed to
be located; and
C. The type of business proposed, using Standard Industrial Classification (SIC) or North
American Industrial Classification System (NAICS); and
d. The number of jobs to be created and retained as a result of the project; and
e. The average wage of those jobs created and retained; and
f. The total capital investment of the expansion or relocation project, including land, building,
and equipment costs; and
g. The date (month and year) when the project will be substantially complete.
(2) Agreement. If the proposed project meets the requirements under the program as set forth in this
article, the board may choose to approve participation by, and make payments to, a new or
expanding business. No precedent shall be implied or inferred by such payments when made to
a new or expanding business. Applications for participation will be considered by the board on a
case -by -case basis for each application.
(Ord. No 03 -62, § 17 11- 18 -03)
Sec. 49 -44. - Implementation.
(a) The eligible business will notify the county manager, in writing, when all of their employment obligations
are met in year one and, in subsequent years, that their employment base is still viable, which is then
verified by the county manager. The company will pay its tax bill in full to the tax collector's office
annually on or before the date it is due. Under this program, applicants are not eligible to pay their taxes
on an installment basis. The applicant will then submit a copy of their ad valorem property tax payment
receipt to the county manager verifying all taxes have been paid in full and on time. Upon receipt, and
verification of compliance with the terms of this article and corresponding approved agreement,
payment to the applicant will be authorized within 60 days.
(b)
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No payment will be authorized for improvements to real property made or tangible personal property
added before the board approves an initial agreement granting such payment, Additionally, payment will
only be made based upon the amount of ad valorem taxes levied by the county, and then paid by the
eligible business. The payment amount will not include the amount of any taxes or special assessments
levied by a municipality, school district, or water management district, or to such taxes or special
assessments levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to
Section 9 and Section 12, Article VII of the State Constitution. A project participating in the property tax
stimulus program is not eligible to also participate in the fee payment assistance program that may be
offered by the county.
(c) Under this program, any payment approved may apply to 100 percent of the assessed value of all
improvements to real property made by, or for the use of, a new business and of all tangible personal
property of such new business, or up to 100 percent of the assessed value of all added improvements
to real property made to facilitate the expansion of an existing business, and of the net increase in all
tangible personal property acquired to facilitate such expansion of an existing business. The payment
period may be up to ten years from the date of issuance of the first certificate of occupancy for a
building occupied by an eligible business.
(d) All approved businesses under the property tax stimulus program will enter into a property tax stimulus
program agreement (the agreement) with the county, and the agreement must provide for, at a
minimum, the following and will include such provisions deemed necessary by the board to effectuate
the provisions of this article:
(1) The legal description of the project.
(2) Neither the requirement for payment of ad valorem property taxes, nor the agreement providing
for the payment of such taxes, may be transferred, assigned, credited, or otherwise conveyed
separate from the property without prior written approval from the county.
(3) Approved agreements will run with the land, and will be recorded in the official records of Collier
County at no cost to the county.
(e) If the property which is subject to an approved agreement is delinquent in the payment of its annual
taxes or special assessments at any time within the payment period, then any outstanding balance
otherwise eligible to be paid under this program will not be made unless and until all outstanding ad
valorem property taxes and special assessments are paid in full
(f) Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued
by a resolution of the board of county commission prior to this date criteria.
(Ord. No. 03 -62, § 1. 11- 18 -03; Ord. No. 2008 -46, § 3, 9 -9 -08)
Sec. 49 -45. - Program eligibility 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 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. Create a minimum of five new 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 located within the boundary of the Immokalee Community Redevelopment Area and meet the
following criteria:
a. Create a minimum of five new job; 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.
(4) 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.
(Ord. No 03 -62, § 1, 11- 18 -03; Ord. No. 04 -24. § 3)
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t r Iiia�r Cra rrty lvrida, fade of Ordinances PART # - GC?DE Chapter 49 - ONOMIG DEVELOPMENT
Ai TIC*lw fII, JGl3 CREATION INVESTMENT PROGRAM -
ARTICLE III. - JOB CREATION INVESTMENT PROGRAM 11A
Sec. 49 -30. - Applicability.
Agenda Item #: r Meeting Date : S ol'�lf
Sec. 49 -31. - Purpose.
Sec 49 -32. - Specific definitions. Presented by. �Qot'S?►� �c�\
Sec 49 -33 - Job creation investment program
Sec 49 -34. - Implementation.
Sec 49 -35 - Program eligibility criteria.
Secs. 49- 36- 49 -39. - Reserved.
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
interlocal 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.
(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. §§ 290.001- 290.016, pursuant to
F.S. §§ 290.001- 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.
11A
(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 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)
(b)
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.
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)
(3)
(4)
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.
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.
The agreement must be recorded in the official records of Collier County at no cost to the county.
(d)
Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued by a resolution of the
board of county commission prior to this date.
N t <_r,0, ? ' ,, f ,,3, ( No. 2008 46, y g tl i 1 A
Sec. 49 -35. - Program eligibility 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 targeted industry list of the Economic Development Council of Collier
County; and
b.
C.
(2)
(3)
Creates a minimum of ten new full -time jobs; and
The newly created jobs pay an average wage of at least 115 percent of the county's current private- sector
average wage.
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.
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.
C.
Creates a minimum of 20 new full -time jobs; and
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.
Secs. 49- 36- 49 -39. - Reserved.
Municode
Secs. 49- 46- 49-49. - Reserved.
Agenda Item It $4 Meeting Da' .e
Presented by:f ��o►� ��� —
Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC
DEVELOPMENT >> ARTICLE V. - ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT
PROGRAM >>
ARTICLE V. - ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT
PROGRAM u
Sec. 49 -50. - Applicability.
Sec. 49 -51. - Purpose.
Sec. 49 -52. - Specific definitions.
Sec. 49 -53. - Advanced broadband infrastructure investment program
Sec. 49 -54. - Implementation.
Sec. 49 -55. - Program eligibility criteria
Secs. 49- 56-49 -59. - Reserved.
Sec. 49 -50. - 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 interlocal agreement.
(Ord. No. 2005 -56, § 1)
Sec. 49 -51. - Purpose.
The purpose of this article is to:
(1) Establish an advanced broadband infrastructure investment program for the purpose of
enhancing Collier County's economic diversification efforts;
(2) Provide for the economic well being of Collier County residents by providing better opportunities
for high -wage employment in Collier County;
(3) Lessen the seasonal cycle of Collier County's economy; and
(4) Encourage investment opportunities for new or existing companies thus increasing and
diversifying the county's tax base.
(Ord. No. 2005 -56, § 1)
Sec. 49 -52. - Specific definitions.
When used in this article, the following terms have the meaning stated, unless the context clearly
indicates otherwise:
'Advanced broadband infrastructure" means the components of network architecture consisting
of physical cable plant and /or a wireless technology platform and associated customer premise end
equipment (CPE) and structured wiring required to support broadband data transfer, which can provide
mechanisms for providing specified quality of service (QoS) levels specified by the end user.
"Average wage" is the annual rate paid to private- sector employees within Collier County, from
highest to lowest 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.
"Broadband" means high speed digital data rate transfer typically associated with digital data
rates of ten megabits per second and higher; broadband is capable of accommodating all media,
including voice, data, and video transfer.
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"Customer premise equipment (CPE)" means the electronic equipment located on the premises
of the end user required to support advanced broadband services.
"Eastem 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.
"High impact" is that designation given to qualifying economic development projects located
outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community.
"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.
"Quality of service (QoS)" means those requirements which are determined by applications
employed by the end user.
"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. §§ 290.001 - 290.016.
"Structured wiring" means the cable network located within a customer's premises that is
required to deliver advanced broadband services.
"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 companies
locating or expanding within the Immokalee Rural Federal Enterprise Community.
(Ord. No 2005 -56; § 1: Ord. No. 2006 -36, § 4)
......._ .. ............._........._.._._.. .
Sec. 49 -53. - Advanced broadband infrastructure investment program.
(a) General requirements. Pursuant to the provisions set forth in this section, the county establishes an
advanced broadband infrastructure investment program providing payments (hereinafter the "payment')
to offset the costs associated with the installation or upgrade of advanced broadband infrastructure in
commercial and industrial buildings to encourage the relocation and /or expansion of high -wage targeted
industries. The payment is a local option economic incentive for new or upgraded advanced broadband
infrastructure projects that may be approved at the sole discretion of the board.
(1) Application process. Any business owner seeking eligibility through the advanced broadband
infrastructure investment program will file an application with the county manager requesting
participation in the program. The application will be filed prior to the business owner making the
decision to invest in the advanced broadband infrastructure. The application must contain the
following:
a. The name and address of the business owner; and
b. A current and complete legal description of the site upon which the project is proposed to
be located; and
C. The type of business proposed, using Standard Industrial Classification (SIC) or North
American Industrial Classification System (NAICS); and
d. The total cost incurred by the business to enable broadband services, including but not
limited to: 1) charges assessed by the service provider for establishing and /or extending
the service provider's broadband infrastructure, and 2) customer premise equipment and
structured wiring required to support broadband services; and
e. The date (month and year) when the project will be substantially complete; and
f. The number of full -time employee positions to be created and retained as a result of the
project; and
g. The average wage of those positions created and retained; and
h. The total capital investment of the expansion or relocation project, including land, building
and equipment costs.
(2) Agreement. If the proposed project meets the requirements under the advanced broadband
infrastructure investment program as set forth in this article, the board may approve an
agreement granting participation by, and payments to, a business owner. No precedent is to be
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implied or inferred by such payments to a new or expanding business. Applications for
participation will be considered by the board on a case -by -case basis for each application.
(Ord. No. 2005 -56, § 1)
Sec. 49 -54. - Implementation.
(a) The total value of payments to be approved under this advanced broadband infrastructure investment
program will be the cost of the eligible business project's system installation or upgrade, up to a
maximum of $25,000.00. The business is eligible to be paid an amount not to exceed $8,400.00 per
year, beginning in the fiscal year after the infrastructure improvements have been verified as complete
by the county manager.
(b) The eligible business will notify the county manager, in writing, once the broadband infrastructure
installation is complete. The county manager will verify project completeness and obtain a copy of all
invoices detailing costs related to such project. The business will pay, or have already paid, its tax bill in
full to the tax collector's office annually on or before the date it is finally due. Under this program,
applicants are not eligible to pay their taxes on an installment basis. The applicant will then submit a
copy of their ad valorem tax payment receipt to the county manager verifying all taxes have been paid
in full and on time for each year the company is eligible for payment under this program. Upon receipt,
and verification of compliance with the terms of this article and corresponding approved agreement,
payment to the applicant will be authorized within 60 days.
(c) Improvements to real property made before the board approves the initial application described above
will not be eligible for payment. Additionally, payment will only be based upon the amount of broadband
infrastructure expenditures, as set forth above.
(d) The eligible business under the advanced broadband infrastructure investment program must enter into
an advanced broadband infrastructure investment program agreement (the agreement) with the county,
and the agreement must provide for, at a minimum, the following and include any provisions deemed
necessary by the board to effectuate the provisions of this article:
r, (1) The legal description of the projector development.
(2) Neither the requirement for payment nor the agreement providing for such payment, may be
transferred, assigned, credited, or otherwise conveyed separate from the property without prior
written approval from the county. Approved agreements will run with the land.
(3) Approved agreements must be recorded in the official records of Collier County at no cost to the
county.
(e) If the property which is subject to an approved agreement is delinquent in the payment of its annual
taxes or special assessments at any time within the payment period, then any outstanding balance to
be paid under this advanced broadband infrastructure investment program will not be made unless and
until all outstanding ad valorem property taxes and special assessments are paid in full.
(� Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued
by a resolution of the board of county commission prior to this date.
(Ord No. 2005 -56, § 1; Ord. No. 2008 -46, § 4, 9 -9 -08)
Sec. 49 -55. - Program eligibility 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 targeted industry list of the Economic
Development Council of Collier County; and
b. Creates a minimum of ten new full -time employee positions; and
C. The newly created positions 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. Create a minimum of five new full -time employee positions; and
b. The newly created positions pay an average wage equal to or greater than 50 percent of
the county's current private- sector average wage.
(3) Be located within the boundary of the Immokalee Community Redevelopment Area and meet the
following criteria:
a. Create a minimum of five new full -time employee positions; and
b. The newly created positions pay an average wage equal to or greater than 50 percent of
the county's current private - sector average wage.
(4)
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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 employee positions; and
C. The newly created positions pay an average wage equal to or greater than 150 percent of
the county's current private - sector average wage; and
d. Each application for program participation must have approval by the board of county
commissioners.
(Ord. No. 2005 -56, § 2)
Secs. 49- 56- 49 -59. - Reserved.
FOOTNOTE(S):
Editor's note— Ord. No. 2005 -56, §§ 1 and 2, adopted Nov. 1, 2005, amended art. V in its entirety to read as herein set
out. Formerly, said article pertained to similar subject matter as enacted by § 1 of Ord. No. 03 -59. Lgack
Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC
DEVELOPMENT >> ARTICLE VI. - JOB RETENTION INVESTMENT PROGRAM >>
ARTICLE VI. - JOB RETENTION INVESTMENT PROGRAM
Sec. 49 -60. - Applicability.
Sec. 49 -61. - Purpose.
Sec. 49 -62. - Program eligibility criteria.
Sec. 49 -63. - Job retention investment program
Sec. 49 -64. - Implementation.
Secs. 49- 65- 49 -89. - Reserved.
Sec. 49 -60. - 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 it may
be implemented by an intergovernmental or interlocal agreement.
(Ord. No. 08 -16, § 1)
Sec. 49 -61. - Purpose.
The purposes of this article are to: (1) provide a performance -based program offering financial
incentives to eligible targeted industries in Collier County to mitigate the effects of escalating relocation and
expansion costs; (2) provide for the economic well -being of Collier County residents by providing high -wage
employment opportunities in Collier County; and (3) encourage investment opportunities for the expansion of
existing businesses, thus increasing and diversifying the county's tax base.
(Ord. No. 08 -16, § 1)
Sec. 49 -62. - Program eligibility criteria.
To be considered eligible under this program a company must meet all of the following criteria:
(1) The company must have been operating in Collier County for a minimum of two years, and at all
times be in full compliance with all applicable laws and regulations;
(2) Participation in this program is limited to the following industry clusters: Aviation and Aerospace,
Health and Life Sciences, Computer Software and Services, Manufacturing and Wholesale Trade
and Distribution;
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(3) The company must meet the criteria and participate in the State of Florida Qualified Targeted
Industry (QTI) Tax Refund Program as set forth by F.S. § 288.106;
(4) The average wage of the retained jobs must be at least 115 percent of the average wage for
Collier County;
(5) The company must retain a minimum of five jobs; and
(6) A minimum of 50 percent of the company's revenue must be generated from outside of
Southwest Florida (Sarasota, Lee, Charlotte, Glades, Hendry and Collier County).
("Ord. No. 08 -16. § 1)
Sec. 49 -63. - Job retention investment program.
(a) General requirements. Pursuant to the provisions set forth in this section, the county hereby establishes
a job retention investment program to provide incentives to retain specified existing jobs in Collier
County.
(b) Application process. Any entity seeking eligibility and payment through the job retention investment
program will file with the county manager an application for the program after receiving the approval of
the Economic Development Council of Collier County as an eligible participant in the program. The
application must contain the following:
(1) The name and address of the business owner;
(2) The complete address and legal description of the site where the business is located, or the
complete address and legal description of the proposed site if the business is relocating;
(3) The type of business being proposed using Standard Industrial Classification (SIC) or North
American Industrial Classification System (NAICS);
(4) The number of full -time jobs being created;
(5) The number of full -time jobs being retained;
(6) The average wage of those jobs created and retained;
(7) The amount of time that the existing business has operated in Collier County; and
(8) The date (month and year) when the new jobs will be in place.
(Ord. No. 08 -16, § 1)
_ Sec. 49 -64. - Implementation.
(a) Under this job retention investment program the eligible company may be awarded $1,000.00 per
existing job retained, with a minimum of five existing jobs to be retained. The company must meet the
criteria and participate in the State of Florida Qualified Targeted Industry (QTI) Tax Incentive Program.
(b) The eligible company under the job retention investment program will enter into a job retention
agreement with Collier County, which shall be prepared by the county attorney's office consistent with
this article. An annual review and audit of performance under such agreement shall be performed by the
county manager or his designee, to determine whether there has been good faith compliance with the
terms of the agreement. Employer shall give the county auditor full access to its business records and
business premises as required to certify the retained and created jobs. If the county manager or his
designee finds, on the basis of substantial competent evidence, that there has been a failure to comply
with the terms of any such agreement, the agreement may be revoked or unilaterally modified by the
county. Employer shall be given ten business days prior written notice of any review and audit. In
addition to an annual audit, within ten business days from the county's written request, the employer will
provide the county with all requested documentation required to verify compliance with the terms of the
ordinance or any agreement.
(c) Job retention investment program funds will be paid, based on the number of existing jobs retained, in
equal amounts over a three -year time period. Upon creation of the new jobs, as required by the State of
Florida Qualified Targeted Industry (QTI) Tax Incentive Program, the company may submit a request to
the county manager for payment of job retention investment program funds along with documentation
related to the retained jobs. Such documentation shall be verified by the county prior to the release of
funds. Any award under this program is subject to the availability of funding.
(d) In the event that the company fails to comply with the terms of the program, including failure to qualify
or maintain qualification for the State of Florida Qualified Targeted Industry (QTI) Tax Incentive
Program, or any other default occurs, the default must be cured within 30 days from written notice being
provided to the owner. The board is entitled to recover all fees, 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.
(e) The provisions of this article will expire and be void on October 1, 2013, unless continued by a vote of
the board of county commissioners prior to this date.
(Ord. No 08 -16, § 1)
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Secs. 49- 65- 49 -89. - Reserved.
Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC
DEVELOPMENT >> ARTICLE VII. - INNOVATION ZONES >>
ARTICLE VII. - INNOVATION ZONES
Sec. 49 -90. - Purpose.
Sec. 49 -91. - Findings.
Sec. 49 -92. - Definitions.
Sec. 49 -93. - Creation of innovation zones and the calculation of annual tax increment amount
Sec. 49 -94. - Annual funding of economic development trust fund
Sec. 49 -95. - Creation of economic development trust fund for each zone
Sec. 49 -96. - Pledge or appropriation of trust funds.
Sec. 49 -97. - Preparation of economic development plan
Sec. 49 -98. - Initial determination of a tax increment.
Sec. 49-99. - Implementation.
Sec. 49 -100. - Conflict and severability.
Sec. 49 -90. - Purpose.
It is the policy of the Board to promote economic growth which results in high wage jobs and helps
diversify the economy of Collier County. To further this policy, it is the intent of the Board to create a dedicated
source of revenue to fund an economic development program and to advance economic development
initiatives in zones of geographic concentration within the unincorporated areas of the County. These zones, to
be called Innovation Zones, will be designated by the Board from time to time through the implementation of
Economic Development Plans adopted by resolution for each Innovation Zone.
(Ord. No. 2010 -20. § 1)
Sec. 49 -91. - Findings.
It is hereby ascertained, determined and declared that:
(A) The use of available Tax Increment revenues within an Innovation Zone as a dedicated
economic development tool and funding source enhances the general welfare of the County
through the advancement of new employment opportunities, the implementation of
redevelopment initiatives, the creation of new economic development opportunities and locations
and the expansion of existing employment centers.
(B) Each Innovation Zone is intended to encompass a defined geographic area used to determine
the Tax Increment paid and applied pursuant to ordinance, resolution or agreement within the
meaning of the term "dedicated increment value" defined in F.S. § 200.001(8)(h).
(C) Commencing in the Initial Tax Increment Year for each Innovation Zone, the Tax Increment
calculated pursuant to Section 4 of this Ordinance is intended to be a dedicated increment value
referenced in the calculation of the "rolled back rate" under the method established in F.S. § 065
(1), Florida Statutes.
(Ord. No. 2010 -20. § 2)
Sec. 49 -92. - Definitions.
As used in this Ordinance, the following words and terms have the following meanings, unless the
context otherwise requires a different definition:
Aggregate Ad Valorem Millage Rate" means that millage rate obtained from the quotient of the sum of
ad valorem taxes levied by the Board for countywide programs and within a municipal service taxing unit plus
the ad valorem tax levied for all districts dependent to the Board divided by the total taxable value of the
County, excluding Voted Millage.
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"Aggregate Ad Valorem Taxes" means ad valorem revenue generated by a levy of the Aggregate Ad
Valorem Millage Rate against the total taxable value of the County considered for any of the discrete Collier
County Real Property Assessment Rolls referenced in Section 4 of this Ordinance.
"Base Year Assessment Roll" means the last Collier County Real Property Assessment Roll certified by
the Property Appraiser prior to the date of adoption of the Tax Increment Resolution.
"Board" means the Board of County Commissioners of the County.
"County" means Collier County, Florida.
"County Manager" means the chief administrative officer of the County or such person's designee.
"Economic Development Plan" means the economic development program referred to in Section 8 of
this Ordinance established by resolution of the Board for each Zone.
"Economic Development Trust Fund" or "Trust Fund" means that Trust Fund created by resolution in
Section 6 of this Ordinance for each Zone for the deposit, maintenance and accounting of the Tax Increment
revenues annually generated within each Zone.
"Initial Tax Increment Year" means the tax year commencing October 1, 2010 or such subsequent tax
year as established in the Tax Increment Resolution for the initial determination of a Tax Increment for the
annual funding by the County of an Economic Development Trust Fund for a Zone.
"Innovation Zone" or 'Zone" means a geographic area created by resolution pursuant to Section 4 of
this Ordinance used to determine a Tax Increment to be paid into an Economic Development Trust Fund to
fund the Economic Development Plan approved for each Zone.
"Property Appraiser" means the Property Appraiser of the County.
"Tax Increment" means the annual determination for each Zone of the tax increment revenues
calculated for each Zone pursuant to the formula adopted in Section 4 of this Ordinance.
"Tax Increment Resolution" means the resolution adopted by the Board pursuant to Section 9 of this
Ordinance.
"Voted Millage" means ad valorem taxes levied in excess of maximum millage amounts authorized by
law approved for periods not longer than two years by vote of the electors pursuant to Article VII, section 9(b),
Florida Constitution, or ad valorem taxes approved by the electors and levied as provided in Article VII, section
12, Florida Constitution, whether required and authorized by law, ordinance or the Florida Constitution.
(Ord. No. 2010 -20, § 3)
Sec. 49 -93. - Creation of innovation zones and the calculation of annual tax increment
amount.
(A) The Board shall create Innovation Zones by adopting a resolution defining the geographic area
comprising the Zone.
(B) The Tax Increment amount for each Zone shall be determined annually by the application of the
following formula within the geographic area defined for each Zone and shall be that amount equal to
the percentage rate set in the Tax Increment Resolution applied to the difference between: (1) the
amount of Aggregate Ad Valorem Taxes received each year by the County from ad valorem taxes
levied on taxable real property contained within the geographic boundaries of a Zone; and (2) the
amount of Aggregate Ad Valorem Taxes which would have been produced by a levy of the Aggregate
Ad Valorem Millage Rate each year by the County upon the taxable real property within the geographic
boundaries of a Zone as shown on the Base Year Assessment Roll.
(C) The amount to be funded by the County for each Zone shall not be less than the percentage applied to
the difference between subparagraphs (13)(1) and (13)(2) of this Section as set in the Tax Increment
Resolution or the resolution creating an Economic Development Plan adopted for each Innovation
Zone.
(D) The County Manager shall certify to the Property Appraiser by May 1 of the year prior to the Initial Tax
Increment Year, the boundaries of the designated geographic areas of each Zone, the reference to the
Base Year Assessment Roll to be applied, and the specific proportion of the cumulative increase in
taxable value to be applied in determining the Tax Increment. Any change in geographic boundaries,
the Base Year Assessment Roll or percentage of the specific proportion of the cumulative increase in
taxable value shall be certified to the Property Appraiser prior to May 1 of the year in which the change
is to occur.
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(Ord. No. 2010 -20. § 4)
Sec. 49 -94. - Annual funding of economic development trust fund.
Prior to January 1 of each County Fiscal Year and subsequent to any certification of the County
Manager to the Property Appraiser required pursuant to Section 4(D), the Board shall appropriate and transfer
to the Economic Development Trust Fund created for each Zone the Tax Increment for such defined
geographic area, in an amount not less than that calculated pursuant to the formula provided in Section 4 of
this Ordinance.
(Ord. No. 2010 -20, § 5)
Sec. 49 -95. - Creation of economic development trust fund for each zone
There is hereby created an Economic Development Trust Fund for each Zone hereafter created by the
Board in accordance with this Ordinance. The Tax Increment determined annually for each Zone shall be
deposited in the Trust Fund prior to January 1 of each year as provided in Section 5 of this Ordinance and
maintained for such Zone until paid or pledged for the implementation of the Economic Development Plan
created for the Zone. By resolution of the Board, available funds maintained in one Economic Development
Trust Fund can be paid or applied for a joint project or program with available funds maintained in a separate
Economic Development Trust Fund or a percentage of future Tax Increment revenues can be pledged and
applied for two or more Economic Development Trust Funds to jointly fund a program or project affecting
multiple Zones.
(Ord. No. 2010 -20, § 6)
Sec. 49 -96. - Pledge or appropriation of trust funds.
By subsequent resolution or agreement, the Board shall have the authority to provide for the use of
funds maintained in an Economic Development Trust Fund for any purpose that accords with the requirements
of Florida law, including without limitation issuing revenue bonds secured by a pledge of available funds
maintained in an Economic Development Trust Fund, or authorizing lease purchase obligations subject to
annual appropriation from such available funds. In the event the Board decides to pledge such funds as
security for revenue bonds, then such bonds can be secured from available funds maintained in the separate
Economic Development Trust Fund created for each Zone or from available funds jointly available in multiple
Economic Development Trust Funds for multiple Zones as determined in such subsequent resolution or
agreement.
(Ord. No. 2010 -20. § 7)
Sec. 49 -97. - Preparation of economic development plan.
The Board shall adopt, and revise as necessary, by resolution, an Economic Development Plan for
each Zone created by Ordinance, to provide for:
(A) The appropriation or pledge of trust funds deposited or maintained in the Economic Development
Trust Fund created for those Zones.
(B) An economic development program identifying the public benefit to be derived, infrastructure
necessary and required to implement and support such program, any incentives, regulatory or
procedural changes, donations or contributions as may be deemed necessary to further
economic development and/or redevelopment within the respective Innovation Zone and a fiscal
and /or economic analysis as and to the extent deemed appropriate by the Board.
(C) A partnership agreement, from one or more private entities, detailing a commitment to provide
support in the form of financial funding, infrastructure improvements, land donations or other
contributions, which in the discretion of the Board, promotes the viability and success of the
Innovation Zone.
(Ord. No. 2010 -20. § 8)
Sec. 49 -98. - Initial determination of a tax increment.
The Board shall adopt for each Zone a Tax Increment Resolution: (1) designating the Base Year
Assessment Roll; (2) setting the percentage to be applied to the formula set forth in Section 4(B) of this
Ordinance for the calculation of the Tax Increment; (3) specifying the number of County fiscal years to be
utilized in determining the annual Tax Increment; and (4) setting the Initial Tax Increment Year. At the
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discretion of the Board, the resolution adopting and revising the Economic Development Plan and the initial
Tax Increment Resolution can be combined into a single resolution serving both functions.
(Ord. No 2010 -20; § 9)
Sec. 49 -99. - Implementation.
The Board may establish, from time to time, rules and regulations to implement and govern the
administrative procedures that will be necessary for staff to implement this Ordinance, including minimum
application requirements. These rules and regulations will be published and made readily available to the
public.
(Ord. No. 2010 -20, § 10)
Sec. 49 -100. - Conflict and severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law,
the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
(Ord. No. 2010 -20, § 11)
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