Chapter 49 - Economic Development Chapter 49
ECONOMIC DEVELOPMENT*
Article I. In General
Secs. 49-1-49-19. Reserved.
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.
Article III. Job Creation Investment Program
Sec. 49-30. Applicability.
Sec. 49-31. 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.
L.. 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.
Article V. Advanced Broadband Infrastructure Investment Program
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.
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.
*Cross references-Impact fee regulations, § 74-202 et seq.;taxation,ch. 126.
Supp. No. 80 CD49:1
COLLIER COUNTY CODE
Article VII. Innovation Zones
Division 1. Generally
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. 49-101. Establishment of the Interchange Activity Center No. 9 Innova-
tion Zone.
Sec. 49-102. Initial tax increment year and percentage.
Sec. 49-103. Creation of an economic trust fund.
Sec. 49-104. Adoption of the economic development plan.
Secs. 49-105—I9-130. Reserved.
Division 2. Golden Gate City Economic Development Zone
Sec. 49-131. Definitions and findings.
Sec. 49-132. Creation of the Golden Gate City Economic Development Zone.
Sec. 49-133. Initial tax increment year and percentage.
Sec. 49-134. Creation of an economic trust fund.
Sec. 49-135. Adoption of the economic development plan.
Sec. 49-136. Creation of Golden Gate City Economic Development Zone
Advisory Board.
Secs. 49-137-19-155. Reserved.
Supp. No. 80 CD49:2
ECONOMIC DEVELOPMENT §49-23
ARTICLE I. IN GENERAL cludes those parcels of land immediately
adjacent to, and east of, Collier Boule-
Secs. 49-1-49-19. Reserved. yard, except for those parcels designated
as part of the Immokalee Rural Federal
Enterprise Community.
ARTICLE II. FEE PAYMENT ASSISTANCE
PROGRAM (3) "High impact"is that designation given to
qualifying economic development projects
Sec. 49-20. Applicability. located outside of Eastern Collier County
and the Immokalee Rural Federal Enter-
This article applies to the unincorporated area prise Community.
of Collier County, Florida, and to all incorporated (4) "Impact fee"means the fee imposed by the
areas of Collier County to the greatest extent county pursuant to section 74-201 or, if
authorized by Article VIII, Section 1(f) of the applicable, the alternative impact fee.
Florida Constitution as may be implemented by
an intergovernmental or interlocal agreement. (4.1) "Jobs" are limited to individual perma
(Ord. No. 03 61, § 1, 11 18 03) nent legal residents of the United States
who are employed in each new created
Sec. 49-21. Purpose. position of employment at a primary loca-
tion in Collier County, and as applicable
The purposes of this article are to:(1)provide a maintained, as a result of the program.
performance-based program offering financial re- (5) "Rural Federal Enterprise Community"is
lief for eligible targeted industry development or that jurisdiction so designated by the U.S.
expansion projects in Collier County to mitigate Department of Agriculture as a multi-
the effects of rising impact fee rates; (2) provide jurisdictional entity including Immokalee
for the economic well being of Collier County (census tracts 112.04, 112.05, 113, 114),
residents by providing high-wage employment parts of Hendry County and the Seminole
opportunities in Collier County; (3) lessen the Indian Reservation; the Enterprise Corn-
seasonal cycle of Collier County's economy; and munity boundaries in Collier County fol-
(4)encourage investment opportunities for new or low the Immokalee Enterprise Zone bound-
existing companies thus increasing and diversify- aries,a designation by the State of Florida,
ing the county's tax base. pursuant to F.S. §§ 290.001-290.016.
(Ord. No. 03-61, § 1, 11-18-03)
(6) "Targeted industry" is one that is aggres-
Sec. 49-22. Specific definitions. sively pursued for relocation to, or expan-
sion within, the local jurisdiction by the
When used in this article, the following terms Economic Development Council of Collier
have the meaning stated,unless the context clearly County. It may include, but is not limited
indicates otherwise. to, the following industries: Aviation, in-
(1) "Average wage"is the annual rate paid to formation technology, biomedical, manu-
private-sector employees within Collier facturing, corporate headquarters, re-
County, from highest to lowest divided by search and development, wholesale trade
number of persons employed full-time, as and distribution, and businesses locating
reported by private-sector employers in or expanding within the Immokalee Rural
the State of Florida who are covered by Federal Enterprise Community.
federal and state unemployment compen- (Ord. No. 03-61, § 1, 11-18-03; Ord. No. 2006 36,
sation laws (UC), and reported annually § 1)
based on figures released by the Florida Sec. 49-23. Fee payment assistance program.
Agency for Workforce Innovation. (a) General requirements. Pursuant to the pro-
(2) "Eastern Collier County" is that area of visions set forth in this section, the county estab-
unincorporated Collier County that in- lishes a fee payment assistance program for the
Supp.No.21 CD49:3
§49-23 COLLIER COUNTY CODE ^�
payment of impact fees for eligible development Sec. 49-24. Implementation.
projects.The fee payment assistance program will
be eligible to projects located within commercial, (a) Under this fee payment assistance pro-
industrial, business park, and technology park gram the eligible business will pay its tax bill in
land uses. full to the tax collector's office annually, on or
before the date it is due. The program obligation
(1) Application process.Any business seeking period will be no longer than ten years if the
eligibility for payment through the fee project is located outside the rural federal enter-
payment assistance program must file prise community(hereinafter"enterprise commu-
with the county manager an application nity"), or no longer than 15 years if the project is
for payment prior to making the decision located within the enterprise community. Compa-
to locate or expand within Collier County. vies located in a high impact area,that is an area
The application must contain the follow- outside the enterprise community and eastern
ing: Collier County,must be pre-approved for program
a. The name and address of the busi- participation by the board of county commission-
ness owner; and ers and, if so approved, are obligated to this
b. A current and complete legal descrip program for a maximum of ten years. Companies
tion of the site upon which the project will be eligible for an incentive award which will
is proposed to be located; and be calculated by multiplying the above-described
total capital investment by the current millage
c. The type of business proposed,using rate then multiplied by either ten (projects lo-
Standard Industrial Classification cated in areas outside the enterprise community)
(SIC) or North American Industrial or 15 (projects located within the enterprise com-
Classification System (NAILS); and munity). The incentive award may not exceed the
d. The number of jobs to be created and dollar amount of the impact fees due for the
retained as a result of the project; project.Any payment made under this program is
and subject to funding availability. A development
e. The average wage of those jobs cre project participating in the fee payment assis-
ated and retained; and tance program is not eligible to also participate in
the property tax stimulus program or the chari-
f. The total capital investment of the table organization waiver program that may be
expansion or relocation project in- offered by the county.
cluding land, building, and equip-
ment costs; and Companies will be eligible for an incentive
g. The date(month and year)when the award which will be calculated by multiplying the
project will be substantially com- above-described total capital investment by the
plete. current millage rate then multiplied by either ten
(projects located in areas outside the enterprise
(2) Agreement. If the proposed project meets community) or 15 (projects located within the
the requirements for payment under the enterprise community). The incentive award may
fee payment assistance program as set not exceed the dollar amount of the impact fees
forth in this article, the county manager due for the project.Any payment made under this
is authorized to enter into an agreement program is subject to funding availability. A de-
with the business owner as set forth be- velopment project participating in the fee pay-
low. The fee payment assistance program ment assistance program is not eligible to also
will pay no more than the amount of participate in the property tax stimulus program
impact fees due pursuant to section 74- that may be offered by the county.
202 of the Collier County Laws and Ordi-
nances. (b) The eligible business under the fee pay-
(Ord.No. 03-61, § 1, 11-18-03; Ord. No. 04-45, § 1; ment assistance program will enter into a fee
Ord. No. 2005-30, § 1) payment assistance program agreement(the agree-
Supp.No.21 CD49:4
ECONOMIC DEVELOPMENT §49-24
L..,
ment) with the county, and the agreement must previously recorded first mortgage and/or
provide for, as a minimum, the following and will any government funded affordable busi-
include such provisions as may be deemed neces- ness loan such as the U.S. Small Business
sary by the Board to effectuate the provisions of Administration(SBA)or the U.S. Depart-
this article: ment of Agriculture (USDA) loan.
(1) The legal description of the development.
(2) That the amount of the impact fees paid (5) Upon satisfactory completion of all require-
by the program will in all events become ments of the agreement, the county may
due and payable and shall be immediately record any necessary documentation evi-
re-paid to the county by the property dencing same, including, but not limited
owner if the property is sold or trans to, a release of lien. The lien will not
ferred without prior written approval from terminate except upon the recording of a
the county at any time after the first release or satisfaction of lien in the public
certificate of occupancy has been issued records of Collier County. Such release
for the development and prior to the ten- will be recorded upon payment in full or
year obligation period, or prior to the satisfaction.
15-year obligation period for a project
within an enterprise community, and the (6) In the event the non-county party is in
impact fees must be paid in full to the default under the agreement, and the
county. Any outstanding (i.e., as yet not default is not cured within 30 days after
repaid) impact fee amounts previously written notice is provided to the owner,
paid under this program will become due the Board may bring a civil action to
L./ and payable and must then be immedi-
ately repaid to the county in the event of enforce the agreement or declare that
sale or transfer prior to expiration of the program's payment of the impact fees not
program obligation period. If not so re- yet recouped and previously paid under
paid, the obligation will be a lien on the this program are thence immediately due
property under the following subsection. and payable. The Board is entitled to
recover all fees and costs, including
(3) The payment of impact fees via the fee attorney's fees and costs, incurred by the
payment assistance program will consti- county in enforcing the agreement, plus
tute a lien on the eligible business's prop- interest at the then maximum statutory
erty which lien may be foreclosed upon in rate for final judgments, calculated on a
the event of non-compliance with the re- calendar day basis until paid.
quirements of the agreement.The amount
specified in an approved agreement will
serve as the amount of a lien against the (7) Approved agreements will be recorded in
development and the real property upon the official records of Collier County at no
which the development is located.Neither cost to the county.
the payment of impact fees,nor the agree-
ment providing for the payment of impact
fees, may be transferred, assigned, cred- (c) Termination. The provisions of this article
ited or otherwise conveyed from the prop- will expire and be void on October 1, 2013,unless
erty without prior written approval from continued by a resolution of the Board of County
the county. Commission prior to this date.
(Ord.No. 03-61,§ 1, 11-18-03;Ord.No. 04-45,§2;
(4) The county's interest may be subordi- Ord. No. 2005-30, § 2; Ord. No. 2008-46, § 1,
nated to all first mortgages or other co- 9-9-08)
equal security interests,and will automat-
Li ically be subordinate to the owner's
Supp.No. 26 CD49:5
§49-25 COLLIER COUNTY CODE
Sec. 49-25. Program eligibility criteria. c. The newly created jobs pay an aver-
To be considered eligible for approval under age wage equal to or greater than
150 percent of the county's current
this program,a business or project must meet the
private-sector average wage.
criteria of one of the following categories:
(1) Be located within Eastern Collier County d. Each application for program partic-
ipation must have approval by the
and meet the following criteria: Board of County Commissioners.
a. Type of business conducted is within
the targeted industry list of the Eco (5) An existing targeted industry company
nomic Development Council of Col expanding within Collier County may in-
Her County; and dude the wages of the existing jobs and
the newly created jobs to calculate the
b. Creates a minimum of ten new full- average wage for the purpose of qualify-
time jobs; and ing for the Fee Payment Assistance Pro-
c. The newly created jobs pay an aver- gram.
age wage of at least 115 percent of (Ord.No. 03-61, § 1, 11-18-03; Ord. No. 04-24, §2;
the County's current private-sector Ord. No. 2008-25, § 1)
average wage.
(2) Be located within the boundary of the Secs. 49-26-49-29. Reserved.
Immokalee Rural Federal Enterprise Com-
munity and meet the following criteria: ARTICLE III. JOB CREATION
a. Create a minimum of five new jobs; INVESTMENT PROGRAM
and
P..")
b. The newly created jobs pay an aver- Sec. 49-30. Applicability.
age wage equal to or greater than 50
percent of the county's current pri- This article applies to the unincorporated area
vate-sector average wage. of Collier County, Florida, and to all incorporated
areas of Collier County to the greatest extent
(3) Be located within the boundary of the authorized by Article VIII, Section 1(f) of the
Immokalee Community Redevelopment Florida Constitution as may be implemented by
Area and meet the following criteria: an intergovernmental or interlocal agreement.
a. Create a minimum of five new job; (Ord. No. 03-60, § 1, 11-18-03)
and
b. The newly created jobs pay an aver Sec. 49-31. Purpose.
age wage equal to or greater than 50 The purposes of this article are to:(1)provide a
percent of the county's current pri- performance-based program offering financial re-
vate-sector average wage. lief for eligible targeted industry development or
(4) Be a high impact project and be located expansion projects in Collier County to mitigate
outside the enterprise community and the effects of rising fees, along with escalating
Eastern Collier County and meet the fol- relocation and expansion costs, associated with
lowing criteria: these projects; (2) provide for the economic well
a. Type of business conducted is within being of Collier County residents by providing
the targeted industry list of the Eco high-wage employment opportunities in Collier
nomic Development Council of Col County; (3) lessen the seasonal cycle of Collier
County's economy; and (4) encourage investment
her County; and opportunities for new or existing businesses thus
b. Creates a minimum of 20 new full- increasing and diversifying the county's tax base.
time jobs; and (Ord. No. 03-60, § 1, 11-18-03)
Supp.No. 26 CD49:6
ECONOMIC DEVELOPMENT §49-32
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
Supp. No. 26 CD49:6.1
ECONOMIC DEVELOPMENT §49-33
employed full-time,as reported by private- and distribution, and businesses locating
sector employers in the State of Florida or expanding within the Rural Federal
who are covered by federal and state Enterprise Community.
unemployment compensation laws (UC), (Ord. No. 03-60, § 1, 11-18-03; Ord. No. 2006-36,
and reported annually based on figures § 2)
released by the Florida Agency for
Workforce Innovation. Sec. 49-33. Job creation investment pro-
gram.
(2) "Eastern Collier County" is that area of (a) General requirements. Pursuant to the pro-
unincorporated Collier County that in visions set forth in this section, the county estab-
cludes those parcels of land immediately lishes a job creation investment program for the
adjacent to, and east of, Collier Boule-
payment of costs associated with the relocation
yard, except for those parcels designated and/or expansion of targeted projects, including
as part of the Immokalee Rural Federal but not limited to relocation costs,company spon-
Enterprise Community. sored day care facilities, land improvement costs,
lity
ments. These
(3) "High impact"is that designation given to and/or
is may existing inludelcommercial and
qualifying economic development projects p y industrial,
located outside of Eastern Collier County technology park land uses.
and the Immokalee Rural Federal Enter- (b) Application process. Any person seeking
prise Community. eligibility and payment through the job creation
investment program will file with the county
(3.1) "Jobs" are limited to individual perma- manager an application for payment prior to
nent legal residents of the United States making the decision to locate or expand within
who are employed in each new created Collier County. The application must contain the
`..._. position of employment at a primary loca- following:
tion in Collier County, and as applicable
maintained, as a result of the program. (1) The name and address of the business
owner; and
(4) "Rural Federal Enterprise Community" is (2) A current and complete legal description
that jurisdiction so designated by the U.S. of the site upon which the project is pro-
Department of Agriculture as a multi- posed to be located; and
jurisdictional entity including Immokalee
(census tracts 112.04, 112.05, 113, 114), (3) The type of business proposed,using Stan-
parts of Hendry County and the Seminole dard Industrial Classification (SIC) or
Indian Reservation; the Enterprise Com- North American Industrial Classification
munity boundaries in Collier County fol- System (NAICS); and
low the Immokalee Enterprise Zone bound- (4) The number of full-time jobs to be created
aries,a designation by the State of Florida, and, if applicable, retained as a result of
pursuant to F.S.§§290.001-290.016,pur- the project; and
suant to F.S. §§ 290.001-290.016.
(5) The average wage of those jobs created
(5) "Targeted industry" is one that is aggres- and retained; and
sively pursued for relocation to, or expan- (6) The total capital investment of the expan-
sion within, the local jurisdiction by the sion or relocation project, including land,
Economic Development Council of Collier building, and equipment costs; and
County. It may include, but is not limited
to the following industries: Aviation, in- (7) The date (month and year)when the new
formation technology, biomedical, manu—
facturing, corporate headquarters, re- If the proposed project meets the require-
search and development, wholesale trade ments for payment under the job creation
Supp. No. 24 CD49:7
§49-33 COLLIER COUNTY CODE
investment program as set forth in this (2) Neither the payment of funds, nor the
article, the county manager is authorized agreement providing for the payment of
to enter into an agreement with the busi- funds,may be transferred, assigned,cred-
ness owner. After the specified new jobs ited or otherwise conveyed from the prop-
are in place within the predetermined erty without prior written approval from
time frame, the company will complete the county.
and submit to the county manager a re-
quest for funds, along with documenta- (3) In the event the non-county party is in
tion that the stated jobs are in place. At default under the Agreement, and the
the beginning of each county fiscal year, default is not cured within 30 days after
following the date the newly created jobs written notice is provided to the owner,
are in place and verified by the county the board may bring a civil action to
manager, general revenue funds will be enforce the agreement or declare that the
set aside under the job creation invest- grant funds are thence immediately due
ment program. and payable. The board is entitled to
(Ord. No. 03 60, § 1, 11 18 03) recover all fees and costs, including
attorneys fees and costs, incurred by the
county in enforcing the agreement, plus
Sec. 49-34. Implementation. interest at the then maximum statutory
(a) Under this job creation investment pro- rate for final judgments, calculated on a
gram, the eligible company located within East-
ern Collier County may be awarded$2,000.00 per (4) The agreement must be recorded in the
new full-time job created,with a minimum of ten official records of Collier County at no cost
new full-time jobs to be created; or the eligible to the county.
company may be awarded$3,000.00 per full-time
job created if the project is located within the (d) Termination. The provisions of this article
enterprise community, with a minimum of five will expire and be void on October 1, 2013, unless
new jobs created; or, as approved by the sole continued by a resolution of the board of county
discretion of the board,a company may be awarded commission prior to this date.
$2,000.00 per job created within a high impact (Ord. No. 03-60, § 1, 11-18-03; Ord. No. 2008-46,
area,with a minimum of 20 new jobs created.Any § 2, 9-9-08)
award under this program is subject to funding
availability. If a company also participates in the Sec. 49-35. Program eligibility criteria.
State of Florida Qualified Targeted Industry(QTI) To be considered eligible for approval under
tax incentive program, and is approved to partic this program, a business or project must meet the
ipate in this job creation investment program,the criteria of one of the following categories:
company will be eligible for only $1,000.00 per
new job created regardless of its location within (1) Be located within Eastern Collier County
Collier County. The funds will be paid, based on and meet the following criteria:
the number of new full-time jobs created,in equal a. Type of business conducted is within
amounts over a three-year time period. the targeted industry list of the Eco-
(b) The eligible business under the job creation nomic Development Council of Col-
investment program will enter into a job creation Tier County; and
investment program agreement (the agreement) b. Creates a minimum of ten new full-
with the county, and the agreement must provide time jobs; and
for, as a minimum, the following and will include
any provisions deemed necessary by the board to c. The newly created jobs pay an aver
effectuate the provisions of this article: age wage of at least 115 percent of
the county's current private-sector ---�
(1) The legal description of the development. average wage.
Supp.No. 24 CD49:8
ECONOMIC DEVELOPMENT §49-42
(2) Be located within the boundary of the ment or expansion projects in Collier County to
Immokalee Rural Federal Enterprise Corn- mitigate the effects of rising costs associated with
munity and meet the following criteria: these projects; (2) provide for the economic well
a. Creates a minimum of five new full- being of Collier County residents by providing
time jobs; and high-wage employment opportunities in Collier
County; (3) lessen the seasonal cycle of Collier
b. The newly created jobs pay an aver- County's economy; and (4) encourage investment
age wage equal to or greater than 50 opportunities for new or existing companies thus
percent of the county's current pri- increasing and diversifying the County's tax base.
vate-sector average wage. (Ord. No. 03-62, § 1, 11-18-03)
(3) Be a high impact project and be located
outside the enterprise community and Sec. 49-42. Specific definitions.
Eastern Collier County and meet the fol-
lowing criteria: When used in this article, the following terms
have the meanings below, unless the context
a. Type of business conducted is within clearly indicates otherwise:
the targeted industry list of the Eco-
nomic Development Council of Col- (1) "Average wage"is the annual rate paid to
Tier County; and private-sector employees within Collier
b. Creates a minimum of 20 new full- County, from highest to lowest divided by
time jobs; and number of persons employed full-time, as
reported by private-sector employers in
c. The newly created jobs pay an aver- the State of Florida who are covered by
age wage equal to or greater than federal and state unemployment compen-
150 percent of the county's current sation laws (UC), and reported annually
private-sector average wage. based on figures released by the Florida
d. Each application for program partic- Agency for Workforce Innovation.
ipation must have approval by the (2) "Eastern Collier County" is that area of
board of county commissioners. unincorporated Collier County that in-
(Ord. No. 03-60, § 1, 11-18-03) cludes those parcels of land immediately
adjacent to, and east of, Collier Boule-
Secs. 49-36-49-39. Reserved. yard, except for those parcels designated
as part of the Immokalee Rural Federal
ARTICLE IV. PROPERTY TAX STIMULUS Enterprise Community.
PROGRAM (3) "High impact"is that designation given to
qualifying economic development projects
Sec. 49-40. Applicability. located outside of Eastern Collier County
This article applies to the unincorporated area and the Immokalee Rural Federal Enter-
of Collier County, Florida, and to all incorporated prise Community.
areas of Collier County to the greatest extent (3.1) "Jobs" are limited to individual perma-
authorized by Article VIII, Section 1(f) of the nent legal residents of the United States
Florida Constitution as may be implemented by who are employed in each new created
an intergovernmental or interlocal agreement. position of employment at a primary loca-
(Ord. No. 03-62, § 1, 11-18-03) tion in Collier County, and as applicable
maintained, as a result of the program.
Sec. 49-41. Purpose. (4) "Rural Federal Enterprise Community" is
The purpose of this article is to: (1) provide a that jurisdiction so designated by the U.S.
performance-based program offering financial as- Department of Agriculture as a multi-
sistance for eligible targeted industry develop- jurisdictional entity including Immokalee
Supp.No. 24 CD49:9
§49-42 COLLIER COUNTY CODE
(census tracts 112.04, 112.05, 113, 114), locate or expand within Collier County.
parts of Hendry County and the Seminole The application must contain the follow-
Indian Reservation; the Enterprise Com- ing:
munity boundaries in Collier County fol- a. The name and address of the busi-
low the Immokalee Enterprise Zone bound- ness owner; and
aries,a designation by the State of Florida,
pursuant to F.S. §§ 290.001-290.016. b. A current and complete legal descrip-
tion of the site upon which the project
(5) "Targeted industry" is one that is aggres- is proposed to be located; and
sively pursued for relocation to, or expan- c. The type of business proposed,using
sion within, the local jurisdiction by the Standard Industrial Classification
Economic Development Council of Collier (SIC) or North American Industrial
County. It may include, but is not limited Classification System (NAICS); and
to the following industries: Aviation, in- d. The number of jobs to be created and
formation, technology, biomedical, manu- retained as a result of the project;
facturing, corporate headquarters, re- and
search and development, wholesale trade
and distribution, and companies locating e. The average wage of those jobs cre
or expanding within the Immokalee Rural ated and retained; and
Federal Enterprise Community. f. The total capital investment of the
(Ord. No. 03-62, § 1, 11-18-03; Ord. No. 2006-36, expansion or relocation project, in-
§ 3) cluding land, building, and equip-
ment costs; and
Sec. 49-43. Property tax stimulus program. g. The date(month and year)when the
project will be substantially corn-
(a) General requirements. Pursuant to the pro- plete.
visions set forth in this section, the county estab- (2) Agreement. If the proposed project meets
lishes a property tax stimulus program providing the requirements under the program as
payments (hereinafter the "payment") to offset set forth in this article, the board may
the costs associated with the relocation and/or choose to approve participation by, and
expansion of targeted industries. The payment is make payments to, a new or expanding
a local option economic incentive for new or ex- business.No precedent shall be implied or
panding businesses that may be approved at the inferred by such payments when made to
sole discretion of the board subject to the criteria a new or expanding business. Applica-
for such projects set forth below. The payments tions for participation will be considered
shall not accrue to improvements to real property by the board on a case-by-case basis for
made by or for the use of new or expanding each application.
businesses when such improvements have been (Ord. No. 03-62, § 1, 11-18-03)
assessed and included on the tax rolls of the
calendar year preceding the effective date of the Sec. 49-44. Implementation.
agreement specifically approving the business as
eligible, as provided in section 49-44 herein. (a) The eligible business will notify the county
manager, in writing, when all of their employ-
(1) Application process. Any business owner ment obligations are met in year one and, in
seeking eligibility through the property subsequent years, that their employment base is
tax stimulus program (program) will file still viable, which is then verified by the county
an application with the county manager manager. The company will pay its tax bill in full
requesting participation in the program. to the tax collector's office annually on or before
The application will be filed prior to the the date it is due.Under this program, applicants —�
business owner making the decision to are not eligible to pay their taxes on an install-
Supp.No.24 CD49:10
ECONOMIC DEVELOPMENT §49-45
ment basis.The applicant will then submit a copy (2) Neither the requirement for payment of
of their ad valorem property tax payment receipt ad valorem property taxes, nor the agree-
to the county manager verifying all taxes have ment providing for the payment of such
been paid in full and on time. Upon receipt, and taxes,may be transferred, assigned, cred-
verification of compliance with the terms of this ited,or otherwise conveyed separate from
article and corresponding approved agreement, the property without prior written ap-
payment to the applicant will be authorized within proval from the county.
60 days. (3) Approved agreements will run with the
(b) No payment will be authorized for improve- land, and will be recorded in the official
ments to real property made or tangible personal records of Collier County at no cost to the
property added before the board approves an county.
initial agreement granting such payment, Addi- (e) If the property which is subject to an ap-
tionally, payment will only be made based upon proved agreement is delinquent in the payment of
the amount of ad valorem taxes levied by the its annual taxes or special assessments at any
county, and then paid by the eligible business. time within the payment period, then any out-
The payment amount will not include the amount standing balance otherwise eligible to be paid
of any taxes or special assessments levied by a under this program will not be made unless and
municipality, school district, or water manage- until all outstanding ad valorem property taxes
ment district, or to such taxes or special assess- and special assessments are paid in full.
ments levied for the payment of bonds or taxes
authorized by a vote of the electors pursuant to (f) Termination. The provisions of this article
Section 9 and Section 12,Article VII of the State will expire and be void on October 1, 2013,unless
Constitution. A project participating in the prop- continued by a resolution of the board of county
erty tax stimulus program is not eligible to also commission prior to this date criteria.
participate in the fee payment assistance pro- (Ord. No. 03-62, § 1, 11-18-03; Ord. No. 2008-46,
gram that may be offered by the county. § 3, 9-9-08)
(c) Under this program, any payment ap- Sec. 49-45. Program eligibility criteria.
proved may apply to 100 percent of the assessed To be considered eligible for approval under
value of all improvements to real property made this program, a business or project must meet the
by, or for the use of, a new business and of all criteria of one of the following categories:
tangible personal property of such new business,
or up to 100 percent of the assessed value of all (1) Be located within Eastern Collier County
added improvements to real property made to and meet the following criteria:
facilitate the expansion of an existing business, a. Type of business conducted is within
and of the net increase in all tangible personal the targeted industry list of the Eco-
property acquired to facilitate such expansion of nomic Development Council of Col-
an existing business. The payment period may be Tier County; and
up to ten years from the date of issuance of the b. Creates a minimum of ten new full-
first certificate of occupancy for a building occu- time jobs; and
pied by an eligible business.
c. The newly created jobs pay an aver-
(d) All approved businesses under the prop- age wage of at least 115 percent of
erty tax stimulus program will enter into a prop- the county's current private-sector
erty tax stimulus program agreement (the agree- average wage.
ment) with the county, and the agreement must (2) Be located within the boundary of the
provide for, at a minimum, the following and will Immokalee Rural Federal Enterprise Com-
include such provisions deemed necessary by the munity and meet the following criteria:
board to effectuate the provisions of this article: a. Create a minimum of five new jobs;
(1) The legal description of the project. and
Supp. No. 24 CD49:11
§49-45 COLLIER COUNTY CODE
b. The newly created jobs pay an aver- authorized by Article VIII, Section 1(f) of the
age wage equal to or greater than 50 Florida Constitution as may be implemented by
percent of the county's current pri- an intergovernmental or interlocal agreement.
vate-sector average wage. (Ord. No. 2005-56, § 1)
(3) Be located within the boundary of the Sec. 49-51. Purpose.
Immokalee Community Redevelopment
Area and meet the following criteria: The purpose of this article is to:
a. Create a minimum of five new job; (1) Establish an advanced broadband infra-
and structure investment program for the pur-
pose of enhancing Collier County's eco-
b. The newly created jobs pay an aver- nomic diversification efforts;
age wage equal to or greater than 50
percent of the county's current pri- (2) Provide for the economic well being of
vate sector average wage. Collier County residents by providing bet-
ter opportunities for high-wage employ-
(4) Be a high impact project and be located ment in Collier County;
outside the enterprise community and (3) Lessen the seasonal cycle of Collier
Eastern Collier County and meet the fol- County's economy; and
lowing criteria:
(4) Encourage investment opportunities for
a. Type of business conducted is within new or existing companies thus increas-
the targeted industry list of the Eco- ing and diversifying the county's tax base.
nomic Development Council of Col- (Ord. No. 2005-56, § 1) --�
Her County; and
b. Creates a minimum of 20 new full- Sec. 49-52. Specific definitions.
time jobs; and When used in this article, the following terms
c. The newly created jobs pay an aver- have the meaning stated,unless the context clearly
age wage equal to or greater than indicates otherwise:
150 percent of the county's current 'Advanced broadband infrastructure"means
private-sector average wage. the components of network architecture con-
(Ord.No. 03-62, § 1, 11-18-03; Ord. No. 04-24, §3) sisting of physical cable plant and/or a wireless
technology platform and associated customer
premise end equipment (CPE) and structured
Secs. 49-46-49-49. Reserved. wiring required to support broadband data
transfer, which can provide mechanisms for
ARTICLE V. ADVANCED BROADBAND providing specified quality of service (QoS)
INFRASTRUCTURE INVESTMENT levels specified by the end user.
PROGRAM* 'Average wage" is the annual rate paid to
private-sector employees within Collier County,
Sec. 49-50. Applicability. from highest to lowest divided by number of
persons employed full-time, as reported by pri-
This article applies to the unincorporated area vate-sector employers in the State of Florida
of Collier County, Florida, and to all incorporated who are covered by federal and state unemploy
areas of Collier County to the greatest extent ment compensation laws (UC), and reported
annually based on figures released by the Flor-
*Editor's note—Ord. No. 2005-56, §§ 1 and 2, adopted ida Agency for Workforce Innovation.
Nov. 1,2005,amended art.V in its entirety to read as herein
set out. Formerly, said article pertained to similar subject "Broadband" means high speed digital data —�
matter as enacted by§ 1 of Ord.No. 03-59. rate transfer typically associated with digital
Supp.No. 24 CD49:12
ECONOMIC DEVELOPMENT §49-53
data rates of ten megabits per second and industries: aviation, information, technology,
higher; broadband is capable of accommodat- biomedical,manufacturing,corporate headquar-
ing all media, including voice, data, and video ters,research and development,wholesale trade
transfer. and distribution, and companies locating or
"Customer premise equipment(CPE)"means expanding within the Immokalee Rural Fed
the electronic equipment located on the pre- eral Enterprise Community.
mises of the end user required to support (Ord. No. 2005 56, § 1; Ord. No. 2006 36, § 4)
advanced broadband services.
Sec. 49-53. Advanced broadband infrastruc-
"Eastern Collier County" is that area of ture investment program.
unincorporated Collier County that includes
those parcels of land immediately adjacent to, (a) General requirements. Pursuant to the pro-
and east of, Collier Boulevard, except for those visions set forth in this section,the county estab-
parcels designated as part of the Immokalee lishes an advanced broadband infrastructure in-
Rural Federal Enterprise Community. vestment program providing payments(hereinafter
the "payment")to offset the costs associated with
"High impact" is that designation given to the installation or upgrade of advanced broad-
qualifying economic development projects lo- band infrastructure in commercial and industrial
cated outside of Eastern Collier County and the buildings to encourage the relocation and/or ex-
Immokalee Rural Federal Enterprise Commu- pansion of high-wage targeted industries. The
nity. payment is a local option economic incentive for
"Jobs" are limited to individual permanent new or upgraded advanced broadband infrastruc-
legal residents of the United States who are ture projects that may be approved at the sole
employed in each new created position of em- discretion of the board.
ployment at a primary location in Collier County, (1) Application process. Any business owner
and as applicable maintained,as a result of the seeking eligibility through the advanced
program. broadband infrastructure investment pro-
"Quality of service (QoS)" means those re- gram will file an application with the
quirements which are determined by applica- county manager requesting participation
tions employed by the end user. in the program. The application will be
filed prior to the business owner making
"Rural Federal Enterprise Community" is
the decision to invest in the advanced
that jurisdiction so designated by the U.S.
broadband infrastructure. The applica-
Department of Agriculture as a multi jurisdic-
tion must contain the following:
tional entity including Immokalee(census tracts
112.04,112.05,113,114),parts of Hendry County a. The name and address of the busi-
and the Seminole Indian Reservation; the En- ness owner; and
terprise Community boundaries in Collier b. A current and complete legal descrip-
County follow the Immokalee Enterprise Zone tion of the site upon which the project
boundaries, a designation by the State of Flor- is proposed to be located; and
ida, pursuant to F.S. §§ 290.001-290.016. c. The type of business proposed,using
"Structured wiring" means the cable net- Standard Industrial Classification
work located within a customer's premises that (SIC) or North American Industrial
is required to deliver advanced broadband ser- Classification System (NAICS); and
vices. d. The total cost incurred by the busi-
"Targeted industry" is one that is aggres- ness to enable broadband services,
sively pursued for relocation to, or expansion including but not limited to: 1)
within, the local jurisdiction by the Economic charges assessed by the service pro-
Development Council of Collier County. It may vider for establishing and/or extend-
include, but is not limited to the following ing the service provider's broadband
Supp.No. 24 CD49:13
§49-53 COLLIER COUNTY CODE
infrastructure, and 2) customer office annually on or before the date it is finally
premise equipment and structured due. Under this program, applicants are not eli-
wiring required to support broad- gible to pay their taxes on an installment basis.
band services; and The applicant will then submit a copy of their ad
e. The date(month and year)when the valorem tax payment receipt to the county man-
project will be substantially corn ager verifying all taxes have been paid in full and
plete; and on time for each year the company is eligible for
payment under this program. Upon receipt, and
f. The number of full-time employee verification of compliance with the terms of this
positions to be created and retained article and corresponding approved agreement,
as a result of the project; and payment to the applicant will be authorized within
g. The average wage of those positions 60 days.
created and retained; and (c) Improvements to real property made before
h. The total capital investment of the the board approves the initial application de-
expansion or relocation project, in- scribed above will not be eligible for payment.
cluding land, building and equip- Additionally,payment will only be based upon the
ment costs. amount of broadband infrastructure expendi-
(2) Agreement. If the proposed project meets tures, as set forth above.
the requirements under the advanced (d) The eligible business under the advanced
broadband infrastructure investment pro- broadband infrastructure investment program
gram as set forth in this article,the board must enter into an advanced broadband infra-
may approve an agreement granting par- structure investment program agreement (the ---1
ticipation by, and payments to, a business agreement) with the county, and the agreement
owner. No precedent is to be implied or must provide for,at a minimum,the following and
inferred by such payments to a new or include any provisions deemed necessary by the
expanding business.Applications for par- board to effectuate the provisions of this article:
ticipation will be considered by the board
on a case-by-case basis for each applica- The legal description of the project or
tion. development.
(Ord. No. 2005-56, § 1) (2) Neither the requirement for payment nor
the agreement providing for such pay-
Sec. 49-54. Implementation. ment,may be transferred, assigned, cred-
(a) The total value of payments to be approved ited, or otherwise conveyed separate from
under this advanced broadband infrastructure the property without prior written ap
investment program will be the cost of the eligible proval from the county. Approved agree
business project's system installation or upgrade, ments will run with the land.
up to a maximum of$25,000.00. The business is (3) Approved agreements must be recorded
eligible to be paid an amount not to exceed in the official records of Collier County at
$8,400.00 per year, beginning in the fiscal year no cost to the county.
after the infrastructure improvements have been
verified as complete by the county manager. (e) If the property which is subject to an ap
proved agreement is delinquent in the payment of
(b) The eligible business will notify the county its annual taxes or special assessments at any
manager, in writing, once the broadband infra- time within the payment period, then any out-
structure installation is complete. The county standing balance to be paid under this advanced
manager will verify project completeness and broadband infrastructure investment program will
obtain a copy of all invoices detailing costs related not be made unless and until all outstanding ad
to such project. The business will pay, or have valorem property taxes and special assessments —�
already paid,its tax bill in full to the tax collector's are paid in full.
Supp.No. 24 CD49:14
ECONOMIC DEVELOPMENT §49-61
(f) Termination. The provisions of this article (4) Be a high impact project and be located
will expire and be void on October 1, 2013, unless outside the enterprise community and
continued by a resolution of the board of county Eastern Collier County and meet the fol-
commission prior to this date. lowing criteria:
(Ord. No. 2005-56, § 1; Ord. No. 2008-46, § 4, a. Type of business conducted is within
9-9-08) the targeted industry list of the Eco-
nomic Development Council of Col-
Sec. 49-55. Program eligibility criteria. her County; and
b. Creates a minimum of 20 new full-
To be considered eligible for approval under time employee positions; and
this program, a business or project must meet the
criteria of one of the following categories: c. The newly created positions pay an
average wage equal to or greater
(1) Be located within Eastern Collier County than 150 percent of the county's cur-
and meet the following criteria: rent private-sector average wage;and
a. Type of business conducted is within d. Each application for program partic
the targeted industry list of the Eco ipation must have approval by the
nomic Development Council of Col board of county commissioners.
her County; and (Ord. No. 2005-56, § 2)
b. Creates a minimum of ten new full- Secs. 49-56-49-59. Reserved.
time employee positions; and
c. The newly created positions pay an ARTICLE VI. JOB RETENTION
average wage of at least 115 percent INVESTMENT PROGRAM
of the county's current private-sector
average wage. Sec. 49-60. Applicability.
(2) Be located within the boundary of the This article applies to the unincorporated area
Immokalee Rural Federal Enterprise Com- of Collier County, Florida, and to all incorporated
munity and meet the following criteria: areas of Collier County to the greatest extent
authorized by Article VIII, Section 1(f) of the
a. Create a minimum of five new full- Florida Constitution, as it may be implemented
time employee positions; and by an intergovernmental or interlocal agreement.
b. The newly created positions pay an (Ord. No. 08 16, § 1)
average wage equal to or greater
than 50 percent of the county's cur Sec. 49-61. Purpose.
rent private-sector average wage. The purposes of this article are to:(1)provide a
(3) Be located within the boundary of the performance-based program offering financial in-
Immokalee Community Redevelopment centives to eligible targeted industries in Collier
Area and meet the following criteria: County to mitigate the effects of escalating relo-
cation and expansion costs; (2) provide for the
a. Create a minimum of five new full- economic well-being of Collier County residents
time employee positions; and by providing high-wage employment opportuni-
ties in Collier County; and (3) encourage invest-
b. The newly created positions pay an ment opportunities for the expansion of existing
average wage equal to or greater businesses, thus increasing and diversifying the
than 50 percent of the county's cur- county's tax base.
rent private-sector average wage. (Ord. No. 08-16, § 1)
Supp.No.24 CD49:15
§49-62 COLLIER COUNTY CODE
Sec. 49-62. Program eligibility criteria. (2) The complete address and legal descrip-
To be considered eligible under this program a tion of the site where the business is
company must meet all of the following criteria: located,or the complete address and legal
description of the proposed site if the
(1) The company must have been operating business is relocating;
in Collier County for a minimum of two
years, and at all times be in full compl (3) The type of business being proposed using
ance with all applicable laws and regula Standard Industrial Classification (SIC)
or North American Industrial Classifica-
tions; tion System (NAICS);
(2) Participation in this program is limited to
the following industry clusters: Aviation (4) The number of full-time jobs being cre
and Aerospace, Health and Life Sciences, ated;
Computer Software and Services, Manu- (5) The number of full-time jobs being re-
facturing and Wholesale Trade and Dis- tained;
tribution;
(6) The average wage of those jobs created
(3) The company must meet the criteria and and retained;
participate in the State of Florida Quali-
fied Targeted Industry (QTI) Tax Refund (7) The amount of time that the existing
Program as set forth by F.S. § 288.106; business has operated in Collier County;
and
(4) The average wage of the retained jobs
must be at least 115 percent of the aver- (8) The date(month and year)when the new
age wage for Collier County; jobs will be in place. ---�
(5) The company must retain a minimum of (Ord. No. 08-16, § 1)
five jobs; and
Sec. 49-64. Implementation.
(6) A minimum of 50 percent of the company's
revenue must be generated from outside (a) Under this job retention investment pro-
of Southwest Florida(Sarasota,Lee,Char- gram the eligible company may be awarded
lotte,Glades,Hendry and Collier County). $1,000.00 per existing job retained, with a mini-
(Ord. No. 08-16, § 1) mum of five existing jobs to be retained. The
company must meet the criteria and participate
Sec. 49-63. Job retention investment pro- in the State of Florida Qualified Targeted Indus-
gram. try (QTI) Tax Incentive Program.
(a) General requirements. Pursuant to the pro- (b) The eligible company under the job reten-
visions set forth in this section,the county hereby tion investment program will enter into a job
establishes a job retention investment program to retention agreement with Collier County, which
provide incentives to retain specified existing jobs shall be prepared by the county attorney's office
in Collier County. consistent with this article.An annual review and
(b) Application process. Any entity seeking el- audit of performance under such agreement shall
igibility and payment through the job retention be performed by the county manager or his des-
investment program will file with the county ignee, to determine whether there has been good
faith compliance with the terms of the agreement.
manager an application for the program after Employer shall give the county auditor full access
receiving the approval of the Economic Develop to its business records and business premises as
ment Council of Collier County as an eligible required to certify the retained and created jobs.
participant in the program. The application must If the county manager or his designee finds, on
contain the following: the basis of substantial competent evidence, that
(1) The name and address of the business there has been a failure to comply with the terms --�
owner; of any such agreement, the agreement may be
Supp.No.24 CD49:16
ECONOMIC DEVELOPMENT §49-91
revoked or unilaterally modified by the county. and helps diversify the economy of Collier County.
Employer shall be given ten business days prior To further this policy,it is the intent of the Board
written notice of any review and audit. In addi- to create a dedicated source of revenue to fund
tion to an annual audit,within ten business days an economic development program and to advance
from the county's written request, the employer economic development initiatives in zones of
will provide the county with all requested geographic concentration within the
documentation required to verify compliance with unincorporated areas of the County. These zones,
the terms of the ordinance or any agreement. to be called Innovation Zones,will be designated
(c) Job retention investment program funds by the Board from time to time through the
will be paid,based on the number of existing jobs implementation of Economic Development Plans
retained, in equal amounts over a three-year adopted by resolution for each Innovation Zone.
time period. Upon creation of the new jobs, as (Ord. No. 2010-20, § 1)
required by the State of Florida Qualified Targeted
Industry (QTI) Tax Incentive Program, the
company may submit a request to the county Sec. 49-91. Findings.
manager for payment of job retention invest-
ment program funds along with documentation
related to the retained jobs. Such documentation It is hereby ascertained, determined and
shall be verified by the county prior to the declared that:
release of funds. Any award under this program
is subject to the availability of funding. (A) The use of available Tax Increment
(d) In the event that the company fails to revenues within an Innovation Zone as a
comply with the terms of the program,including dedicated economic development tool and
failure to qualify or maintain qualification for funding source enhances the general
the State of Florida Qualified Targeted Industry welfare of the County through the
(QTI)Tax Incentive Program,or any other default advancement of new employment
occurs,the default must be cured within 30 days opportunities, the implementation of
from written notice being provided to the owner. redevelopment initiatives,the creation of
The board is entitled to recover all fees, costs, new economic development opportunities
including attorney's fees and costs, incurred by and locations and the expansion of exist-
the county in enforcing the agreement, plus ing employment centers.
interest at the then maximum statutory rate for
final judgments, calculated on a calendar day (B) Each Innovation Zone is intended to
basis until paid. encompass a defined geographic area
(e) The provisions of this article will expire used to determine the Tax Increment
and be void on October 1, 2013,unless continued paid and applied pursuant to ordinance,
by a vote of the board of county commissioners resolution or agreement within the mean-
prior to this date. ing of the term "dedicated increment
(Ord. No. 08-16, § 1) value" defined in F.S. § 200.001(8)(h).
Secs. 49-65-49-89. Reserved.
(C) Commencing in the Initial Tax Incre-
ment Year for each Innovation Zone, the
ARTICLE VII. INNOVATION ZONES Tax Increment calculated pursuant to
Section 4 of this Ordinance is intended to
DIVISION 1. GENERALLY be a dedicated increment value referenced
in the calculation of the "rolled back
Sec. 49-90. Purpose. rate" under the method established in
It is the policy of the Board to promote F.S. § 065(1), Florida Statutes.
economic growth which results in high wage jobs (Ord. No. 2010-20, § 2)
Supp. No. so CD49:17
§49-92 COLLIER COUNTY CODE
Sec. 49-92. Definitions. tion of a Tax Increment for the annual funding
by the County of an Economic Development
As used in this Ordinance,the following words Trust Fund for a Zone.
and terms have the following meanings, unless
the context otherwise requires a different defini- 'Innovation Zone"or 'Zone"means a geographic
tion: area created by resolution pursuant to Section 4
of this Ordinance used to determine a Tax
'Aggregate Ad Valorem Millage Rate" means Increment to be paid into an Economic Develop-
that millage rate obtained from the quotient of ment Trust Fund to fund the Economic Develop-
the sum of ad valorem taxes levied by the Board ment Plan approved for each Zone.
for countywide programs and within a municipal
service taxing unit plus the ad valorem tax "Property Appraiser" means the Property
levied for all districts dependent to the Board Appraiser of the County.
divided by the total taxable value of the County, 'Tax Increment"means the annual determina-
excluding Voted Millage. tion for each Zone of the tax increment revenues
Aggregate Ad Valorem Taxes" means ad calculated for each Zone pursuant to the formula
valorem revenue generated by a levy of the adopted in Section 4 of this Ordinance.
Aggregate Ad Valorem Millage Rate against the 'Tax Increment Resolution"means the resolu-
total taxable value of the County considered for tion adopted by the Board pursuant to Section 9
any of the discrete Collier County Real Property of this Ordinance.
Assessment Rolls referenced in Section 4 of this
Ordinance. 'Voted Millage"means ad valorem taxes levied
in excess of maximum millage amounts authorized
'Base Year Assessment Roll" means the last by law approved for periods not longer than two
Collier County Real Property Assessment Roll years by vote of the electors pursuant to Article
certified by the Property Appraiser prior to the VII, section 9(b), Florida Constitution, or ad
date of adoption of the Tax Increment Resolu- valorem taxes approved by the electors and
tion. levied as provided in Article VII, section 12,
Florida Constitution, whether required and
"Board"means the Board of County Commis- authorized by law, ordinance or the Florida
sioners of the County. Constitution.
"County"means Collier County, Florida. (Ord. No. 2010 20, § 3)
"County Manager"means the chief administra- Sec. 49-93. Creation of innovation zones and
tive officer of the County or such person's designee. the calculation of annual tax
increment amount.
"Economic Development Plan" means the
economic development program referred to in (A) The Board shall create Innovation Zones
Section 8 of this Ordinance established by resolu- by adopting a resolution defining the geographic
tion of the Board for each Zone. area comprising the Zone.
"Economic Development Trust Fund"or 'Trust (B) The Tax Increment amount for each Zone
Fund"means that Trust Fund created by resolu- shall be determined annually by the application
tion in Section 6 of this Ordinance for each Zone of the following formula within the geographic
for the deposit, maintenance and accounting of area defined for each Zone and shall be that
the Tax Increment revenues annually generated amount equal to the percentage rate set in the
within each Zone. Tax Increment Resolution applied to the differ-
ence between: (1) the amount of Aggregate Ad
'Initial Tax Increment Year" means the tax Valorem Taxes received each year by the County
year commencing October 1, 2010 or such from ad valorem taxes levied on taxable real
subsequent tax year as established in the Tax property contained within the geographic bound-
Increment Resolution for the initial determina-
"- Supp. No. 80 CD49:18
ECONOMIC DEVELOPMENT §49-97
aries of a Zone; and (2)the amount of Aggregate by the Board in accordance with this Ordinance.
Ad Valorem Taxes which would have been The Tax Increment determined annually for
produced by a levy of the Aggregate Ad Valorem each Zone shall be deposited in the Trust Fund
Millage Rate each year by the County upon the prior to January 1 of each year as provided in
taxable real property within the geographic Section 5 of this Ordinance and maintained for
boundaries of a Zone as shown on the Base Year such Zone until paid or pledged for the
Assessment Roll. implementation of the Economic Development
Plan created for the Zone. By resolution of the
(C) The amount to be funded by the County Board, available funds maintained in one
for each Zone shall not be less than the percent- Economic Development Trust Fund can be paid
age applied to the difference between or applied for a joint project or program with
subparagraphs (B)(1) and (B)(2) of this Section available funds maintained in a separate Economic
as set in the Tax Increment Resolution or the Development Trust Fund or a percentage of
resolution creating an Economic Development future Tax Increment revenues can be pledged
Plan adopted for each Innovation Zone. and applied for two or more Economic Develop-
(D) The County Manager shall certify to the ment Trust Funds to jointly fund a program or
Property Appraiser by May 1 of the year prior to project affecting multiple Zones.
the Initial Tax Increment Year,the boundaries of (Ord. No. 2010-20, § 6)
the designated geographic areas of each Zone, Sec. 49-96. Pledge or appropriation of trust
the reference to the Base Year Assessment Roll funds.
to be applied, and the specific proportion of the By subsequent resolution or agreement, the
cumulative increase in taxable value to be applied Board shall have the authority to provide for the
in determining the Tax Increment. Any change use of funds maintained in an Economic Develop-
in geographic boundaries, the Base Year Assess- ment Trust Fund for any purpose that accords
ment Roll or percentage of the specific propor- with the requirements of Florida law, including
.-- tion of the cumulative increase in taxable value without limitation issuing revenue bonds secured
shall be certified to the Property Appraiser prior by a pledge of available funds maintained in an
to May 1 of the year in which the change is to Economic Development Trust Fund, or authoriz-
occur. ing lease purchase obligations subject to annual
(Ord. No. 2010-20, § 4) appropriation from such available funds. In the
event the Board decides to pledge such funds as
Sec. 49-94. Annual funding of economic security for revenue bonds, then such bonds can
development trust fund. be secured from available funds maintained in
the separate Economic Development Trust Fund
Prior to January 1 of each County Fiscal Year created for each Zone or from available funds
and subsequent to any certification of the County jointly available in multiple Economic Develop-
Manager to the Property Appraiser required ment Trust Funds for multiple Zones as
pursuant to Section 4(D),the Board shall appropri- determined in such subsequent resolution or
ate and transfer to the Economic Development agreement.
Trust Fund created for each Zone the Tax Incre- (Ord. No. 2010-20, § 7)
ment for such defined geographic area, in an Sec. 49-97. Preparation of economic
amount not less than that calculated pursuant to development plan.
the formula provided in Section 4 of this The Board shall adopt, and revise as neces-
Ordinance.
(Ord. No. 2010-20, § 5) sary, by resolution, an Economic Development
Plan for each Zone created by Ordinance, to
Sec. 49-95. Creation of economic develop- provide for:
ment trust fund for each zone. (A) The appropriation or pledge of trust funds
deposited or maintained in the Economic
There is hereby created an Economic Develop- Development Trust Fund created for those
ment Trust Fund for each Zone hereafter created Zones.
Supp. No. 79 CD49:19
§49-97 COLLIER COUNTY CODE
(B) An economic development program Sec. 49-100. Conflict and severability.
identifying the public benefit to be derived, In the event this Ordinance conflicts with any
infrastructure necessary and required to other ordinance of Collier County or other
implement and support such program, applicable law, the more restrictive shall apply.
any incentives, regulatory or procedural If any phrase or portion of the Ordinance is held
changes, donations or contributions as invalid or unconstitutional by any court of
may be deemed necessary to further competent jurisdiction, such portion shall be
economic development and/or redevelop deemed a separate, distinct and independent
ment within the respective Innovation provision and such holding shall not affect the
Zone and a fiscal and/or economic analysis validity of the remaining portion.
as and to the extent deemed appropriate (Ord. No. 2010-20, § 11)
by the Board.
(C) A partnership agreement, from one or Sec. 49-101. Establishment of the
more private entities,detailing a commit- Interchange Activity Center No.
ment to provide support in the form of 9 Innovation Zone.
financial funding,infrastructure improve- The Board of County Commissioners hereby
ments, land donations or other contribu- creates the Interchange Activity Center No. 9
tions, which in the discretion of the Innovation Zone. The Interchange Activity Center
Board, promotes the viability and suc- 9 Innovation Zone shall be comprised of Activity
cess of the Innovation Zone. Center No. 9, as defined in the Future Land Use
(Ord. No. 2010-20, § 8) Element of the Collier County Growth Manage-
ment Plan, together with additional adjacent
Sec. 49-98. Initial determination of a tax vacant industrial land, as graphically described
increment. in Exhibit A [located at the end of§ 49-104].
,.... (Ord. No. 2018-39, § 2)
The Board shall adopt for each Zone a Tax
Increment Resolution: (1) designating the Base Sec. 49-102. Initial tax increment year and
Year Assessment Roll;(2) setting the percentage percentage.
to be applied to the formula set forth in Section
4(B) of this Ordinance for the calculation of the For purposes of establishing the Base Year
Tax Increment; (3) specifying the number of Assessment Roll, the base year shall be the last
County fiscal years to be utilized in determining Collier County Real Property Assessment Roll
the annual Tax Increment; and (4) setting the certified by the Property Appraiser for the County
Initial Tax Increment Year. At the discretion of Fiscal Year beginning October 1, 2016. Tax
the Board, the resolution adopting and revising increments shall commence to be deposited into
the Economic Development Plan and the initial the Trust Fund with the County fiscal year
Tax Increment Resolution can be combined into commencing on October 1, 2018, and funding
a single resolution serving both functions. shall continue through September 30,2028,unless
(Ord. No. 2uti , § 9) extended by majority vote of the Board by Resolu-
tion. The amount of the tax increment to be
deposited into the Trust Fund shall be equal to
Sec. 49-99. Implementation. 100% of the amount based on the formula set
The Board may establish, from time to time, forth in Section 4(B) [§ 49-93(B)] of Collier
rules and regulations to implement and govern County Ordinance No. 2010-20.
the administrative procedures that will be neces (Ord. No. 2018-39, § 3)
sary for staff to implement this Ordinance,includ Sec. 49-103. Creation of an economic trust
ing minimum application requirements. These
rules and regulations will be published and fund.
made readily available to the public. The County hereby creates the Interchange
(Ord. No. 2010-20, § 10) Activity Center No. 9 Innovation Zone Trust
Supp. No. 79 CD49:20
ECONOMIC DEVELOPMENT §49-104
isi
Fund. The tax increment shall be deposited into
the trust fund and the trust fund proceeds shall
be utilized to implement the Economic Develop-
ment Plan set forth in Section Five [§ 49-104].
The Trust Fund corpus will not exceed One
Million Dollars ($1,000,000) in any single fiscal
year, and is subject to annual appropriation by
the County. Up to 5% of the Trust Corpus shall
be reserved as an annual administrative fee for
the County. Upon termination of the Trust Fund,
any unspent and unencumbered proceeds shall
revert to the County's General Fund.
(Ord. No. 2018-39, § 4)
Sec. 49-104. Adoption of the economic
development plan.
The primary purpose of the Interchange Activ-
ity Center No. 9 Innovation Zone is to attract
and retain qualified targeted industry business
as defined by F.S. §288.106. Trust funds may be
utilized in any lawful manner, including
infrastructure required to serve new target busi-
nesses or the expansion of an existing target
business; payment of County Impact Fees to be
paid by the new target business or the expansion
of an existing target business; and payment of
building permit fees or other County fees related
to the construction of structures to serve the
target business. In addition to this primary
purpose, trust funds may be utilized in any
lawful manner which the Board of County Com-
missioners determines fosters economic develop-
ment. Payment of funds are purely discretionary,
and must be approved in advance by the Board of
County Commissioners. All expenses must be
fully documented in a manner acceptable to the
County. Priority of funding will be for the develop-
ment within the Interchange Activity Center No.
9 Innovation Zone,as graphically represented by
Exhibit A.
(Ord. No. 2018-39, § 5)
V Supp. No. 79 CD49:21
§49-104 COLLIER COUNTY CODE
EIHIBIT A
• \
1
a
C p' N
N
N _ g
v1111
__4kielitli
' \ ' 14,144.1*\\ $ a) — S s
0 a t -
4 O. O —o
s 0
d
I
�-- mew 1 ( , Mollo '
4
M
W
I U \
....„ ._,.
-.0
11 n V
, i ,
_ <
, ii;;1----t„ ,..
6 1 wil?
tiN i , , . __ .....
) 1
1.0
ci
U
VI
Supp. No. 79 CD49:22
ECONOMIC DEVELOPMENT §49-135
DIVISION 2. GOLDEN GATE CITY The tax increment shall be deposited into the
ECONOMIC DEVELOPMENT ZONE trust fund and the trust fund proceeds shall be
utilized to implement the Economic Develop-
Sec. 49-131. Definitions and findings. ment Plan set forth in Section Five. The Trust
This Ordinance is intended to be a companion Fund corpus will not exceed Two Million Dollars
ordinance to Ordinance No. 2010-20, known as ($2,000,000) in any single fiscal year and is
the Collier County Innovation Zone Ordinance. subject to annual appropriation by the County.
Accordingly,the Board of County Commissioners Up to 5% of the Trust Corpus shall be reserved
hereby adopts in full the definitions and findings as an annual administrative fee for the County.
set forth in Ordinance 2010-20, except for the Upon termination of the Trust Fund any unspent
Base Year Assessment Roll, which is defined and unencumbered proceeds shall revert to the
below, and as modified hereby incorporates such County's General Fund.
definitions and findings as if specifically set (Ord. No. 2018-56, § 4; Ord. No. 2020-04, § 1)
forth below.
(Ord. No. 2018-56, § 1)
Sec. 49-132. Creation of the Golden Gate Sec. 49-135. Adoption of the economic
City Economic Development development plan.
Zone.
The Board of County Commissioners hereby The primary purpose of the Golden Gate City
creates the Golden Gate City Economic Develop- Economic Development Zone is to attract and
ment Zone,which shall constitute the entirety of retain qualified targeted industry business as
Golden Gate City, as graphically described in defined by F.S. § 288.106 and such businesses or
Exhibit A, located at the end of this division. industries identified by the Board of County
(Ord. No. 2018-56, § 2) Commissioners. Trust funds may be utilized in
any lawful manner, including infrastructure
Sec. 49-133. Initial tax increment year and required to serve new target businesses or the
percentage. expansion of an existing target business; pay-
For purposes of establishing the Base Year ment of County Impact Fees to be paid by the
Assessment Roll, the base year shall be the last new target business or the expansion of an
Collier County Real Property Assessment Roll existing target business; and payment of build-
certified by the Property Appraiser for the County ing permit fees or other County fees related to
Fiscal Year beginning October 1, 2015. Tax the construction of structures to serve the target
increments shall commence to be deposited into business. In addition to this primary purpose,
the Trust Fund with the County Fiscal Year trust funds may be utilized in any lawful manner
commencing on October 1, 2019, and funding which the Board of County Commissioners
shall continue through September 30,2029,unless determines fosters economic development. Pay-
extended by majority vote of the Board by Resolu- ment of funds are purely discretionary, and must
tion. The amount of the tax increment to be be approved in advance by the Board of County
deposited into the Trust Fund shall be equal to Commissioners. All expenses must be fully
100% of the amount based on the formula set documented in a manner acceptable to the County.
forth in Section 4(B)of Collier County Ordinance Priority of funding will be for the redevelopment
No. 2010-20. and renewal of the commercial district along
(Ord. No. 2018 56, § 3) Golden Gate Parkway,as graphically represented
Sec. 49-134. Creation of an economic trust by Exhibit A.
fund. (Ord. No. 2018-56, § 5)
The County hereby creates the Golden Gate
City Economic Development Zone Trust Fund.
Supp. No. 87 CD49:23
§49-136 COLLIER COUNTY CODE
Sec. 49-136. Creation of Golden Gate City Advisory Board necessary to take action
Economic Development Zone and transact business. In addition, an
Advisory Board. affirmative vote of a simple majority
The Golden Gate City Economic Development shall be necessary in order to take official
Zone Advisory Board (hereinafter referred to as action. Furthermore, by simple majority
the Advisory Board)is hereby established. vote,but never with less than 5 members
present, the Advisory Board shall adopt
(a) Appointment and Composition. The rules of procedure for its meetings, and
Advisory Board shall be composed of thereafter shall be governed by its
seven(7)members who are appointed by Procedures,as adopted and amended from
resolution of the Board of County Corn- time to time, subject to the approval of
missioners, and shall be representative the Board of County Commissioners. The
of the residential, business and com- Advisory Board shall keep a written record
mercial interests of the Golden Gate City of meetings, resolutions, findings and
Economic Development Zone. Non- determinations. Copies of all Advisory
residential members of the Advisory Board Board minutes, resolutions, reports and
need not live within Golden Gate City, exhibits shall be submitted to the Board
and upon recommendation of the Corn- of County Commissioners. The Advisory
missioner of the District, may reside Board meetings shall be open to the
outside of Collier County. Members of public and conducted in[accordance with]
the Advisory Board shall be appointed by the [Florida] Sunshine [Law].
and serve at the pleasure of the Board of (e) Reimbursement of Expenses. Members of
County Commissioners. the Advisory Board shall serve without
(b) Terms of Office. The initial terms of office compensation, but shall be entitled to
of the Advisory Board members shall be receive reimbursement for expenses
one year for three members, and two reasonably incurred in the performance
years for four members,and each appoint- of their duties upon prior approval of the
ment or re-appointment thereafter shall Board of County Commissioners.
be for two years. Appointments to fill (f) Functions, Powers and Duties of the
any vacancies on the Advisory Board
shall be for the remainder of the unexpired Advisory Board. The function, powers
and duties of the Advisory Board shall be
term of office. to aid and assist the Board of County
(c) Removal from Office. Removal of members Commissioners in carrying out the
from the Advisory Board shall be in purpose of the Golden Gate City Economic
accordance with the provisions of Collier Development Zone, including but not
County Ordinance No. 2001-55, as it limited to advising and assisting the
may be amended or by its successor Board of County Commissioners in the
ordinance. establishment, review and enhancement
of policies and programs to attract busi-
(d) Officer; Quorum; Rules of Procedure. nesses or industries to the Golden Gate
Annually the members of the Advisory City Economic Development Zone,review-
Board shall elect a chairperson and vice ing and making recommendations on
chairperson from among the members. applications for funding through the Trust
The chairperson's and vice chairperson's Fund, as well as handling any matters
terms shall be for one year with eligibil- that may be assigned by the Board of
ity for re-election by the members of the County Commissioners.
Advisory Board. The presence of fifty-
one percent (51%) of the current voting (g) Duties of the County Manager's Office.
membership, but never less than three The County Manager's Office will provide
total, shall constitute a quorum of the such documentation,information,descrip-
�Supp. No. 87 CD49:24
ECONOMIC DEVELOPMENT §49-136
tions of procedures, secretarial support
and general assistance to the Advisory
Board as may be necessary for the
Advisory Board to carry out its functions
as set forth herein.
(Ord. No. 2018-56, § 6)
Supp. No. 80 CD49:25
49-136 COLLIER COUNTY CODE
GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE ORDINANCE MAP
GREEN,BLVD
.. 1 Golden Gate City Economic - ---" ,J
L-.--j Development Zone „.,,,��„ i pv ;
T� i t - it t t t
Redevelopment and A ill '
' F --- L- �= .L F 1 F
O Renewal Area M`j'*'''TT '
i...mewI ,T� 1, .m i c i i %'tii_ 3 , . i 1 t
0 500 t 000 2.000 3,000 0 000 ^i=•• o/4�. L i�� ,--w••.. ••a
�A f "Rzn �L..'�: ,S ; --
Fen —II M:=1 ; . X /":„ / A ,
1- Cf % G f �- X, / --�Rl,
i�f,/
. 11 ...."$t \ \,,,s \s IL_ 1 • ( ,
.. • t 8 F !�
t t S yE '
i j �� s 8 L t i , I n.... �o
m ' 2 i • i
M al
-GOLDEN GATE PKWY ,„ I ill
■ w
IX
• w.
zQ )V r C
''\1 A X` \ •c ao.e
.,1.1 L6LY.UnILr.xz;. I a ^'"��, ...
:74)�-f S G' t L F' t
IA 1 A I 1 11 t1 iii I •1 . ==1t ...
I.
-- = i i 1 i ' iL as .. q M -
Secs. 49-137-49-155. Reserved.
— Supp. No. 80 CD49:26