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Agenda 02/12/2013 Item #10K 2/12/2013 10.K. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners direct the County Attorney to coordinate with the county's newly hired Economic Development administrator to draft amendments to and extensions for the county's economic development ordinances which are set to expire in 2013 and further, to include provisions with respect to the requirements of F.S. Chpt. 119 (Public Records) relating to economic development financial records disclosure exemptions. Specifically, and for example, the ordinance providing for a property tax exemption incentives was never approved by general referendum as required by Florida's constitution/statute and as such is invalid - the cure is suspension of the ordinance pending the public's vote of approval; the impact fee waiver incentive program ignores that the impact fee fund that would otherwise see a contribution of impact fees, has to be made whole by some alternative source of funding (otherwise the impact fee charged becomes an illegal tax) - the cure is to require, as part of the ordinance, that the county immediately make a fund transfer to the affected impact fee fund equal in amount to the awarded waiver; as an alternative to an impact fee waiver program, an additional provision should be added for an impact fee exemption program which could include an impact fee moratorium for select impact fees (public safety related impact fees should not be suspended given the paramount importance of those services); consideration should be given to have the local and state job creation incentive provisions mirror each other including all provisions relating to state required underwriting provisions; such underwriting provisions which include the production of financial statements and/or tax returns should also be included as a requirement under all incentive programs; and lastly, the applicability of the public records exemption relating to any applicant's financial information shall apply to all members of county staff and the public except for the individual County Commissioners, the County Attorney, the County Manager, the Economic Development administrator and the Clerk of Courts and designated employees of such elected officials and county staff. Further that the Economic Development administrator bring the draft amended ordinances to the Board of County Commissioners in April, 2013 for review and discussion along with any other proposals the Administrator may have in the way of programs for the Board's consideration. At such time, the Board can direct the legally conforming options be presented to the community for input and additional recommendations, all with the intent of developing a legally sound and financially feasible economic development program that reflects the will of the tax-paying public. OBJECTIVE: That the Board of County Commissioners direct the County Attorney to coordinate with the county's newly hired Economic Development Administrator to draft amendments to and extensions for the county's economic development ordinances which are set to expire in 2013 and further, to include provisions with respect to the requirements of F.S. Chpt. 119 (Public Records) relating to economic development financial records disclosure exemptions. Specifically, and for example, the ordinance providing for a property tax exemption incentives was never approved by general referendum as required by Florida's constitution/statute and as such is invalid - the cure is suspension of the ordinance pending the public's vote of approval; the impact fee waiver incentive program ignores that the impact fee fund that would otherwise Packet Page 479- 2/12/2013 10.K. see a contribution of impact fees, has to be made whole by some alternative source of funding (otherwise the impact fee charged becomes an illegal tax) - the cure is to require, as part of the ordinance, that the county immediately make a fund transfer to the affected impact fee fund equal in amount to the awarded waiver; as an alternative to an impact fee waiver program, an additional provision should be added for an impact fee exemption program which could include an impact fee moratorium for select impact fees (public safety related impact fees should not be suspended given the paramount importance of those services); consideration should be given to have the local and state job creation incentive provisions mirror each other including all provisions relating to state required underwriting provisions; such underwriting provisions which include the production of financial statements and/or tax returns should also be included as a requirement under all incentive programs; and lastly, the applicability of the public records exemption relating to any applicant's financial information shall apply to all members of county staff and the public except for the individual County Commissioners, the County Attorney, the County Manager, the Economic Development administrator and the Clerk of Courts and designated employees of such elected officials and county staff. Further that the Economic Development Administrator bring the draft amended ordinances to the Board of County Commissioners in April for review and discussion along with any other proposals the administrator may have in the way of programs for the board's consideration. At such time, the Board can direct the legally conforming options be presented to the community for input and additional recommendations, all with the intent of developing a legally sound and financially feasible economic development program that reflects the will of the tax-paying public. CONSIDERATIONS: The Board of County Commissioners has made clear its desire to be supportive of the business community and encourage economic development. It is not governments' role to pick winners and losers, and as such it is not governments' role to award incentives through programs that support crony capitalism. To the extent incentives are awarded, they should be done using programs that result in unbiased selections based on objective underlying data such as financial statements, and only with the agreement of the county's tax payers since it is their tax dollars being used to advance the private businesses. Certain programs do not award tax dollars, but rather forgive their collection such as property tax exemptions which nonetheless, as required by the state's constitution and statute must also be approved by referendum. The county currently has a number of incentive ordinances which either are legally non-conforming, or, are incomplete in their underwriting or funding requirements. Further, the county has not defined who may or may not see a business applicant's financial information, which is otherwise subject to public records exemption, for purposes of making an incentive award. It is recommended that before the county move forward with additions to the existing program that it bring the current ordinances into legal compliance and completeness, and then proceed to add programs as recommended by staff and approved by the taxpayers of the county. The request for the review, amendments and presentation by the County Attorney and staff are the first steps necessary towards the end of developing a sound and well performing economic development program for the community. FISCAL IMPACT: None Packet Page -180- 2/12/2013 10.K. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. The County Attorney will need to research and review with staff in greater detail some of the items requested, and may suggest revisions. -JAK RECOMMENDATION: That the Board of County Commissioners direct the County Attorney to coordinate with the county's newly hired Economic Development Administrator to draft amendments to and extensions for the county's economic development ordinances which are set to expire in 2013 and further,to include provisions with respect to the requirements of F.S. Chpt. 119 (Public Records) relating to economic development financial records disclosure exemptions. Specifically, the ordinance providing for property tax exemption incentives was never approved by general referendum as required by Florida's constitution/statute and as such is invalid - the cure is suspension of the ordinance pending the public's vote of approval; the impact fee waiver incentive program ignores that the impact fee fund that would otherwise see a contribution of impact fees, has to be made whole by some alternative source of funding (otherwise the impact fee charged becomes an illegal tax) - the cure is to require, as part of the ordinance, that the county immediately make a fund transfer to the affected impact fee fund equal in amount to the awarded waiver; as an alternative to an impact fee waiver program, an additional provision should be added for an impact fee exemption program which could include an impact fee moratorium for select impact fees (public safety related impact fees should not be suspended given the paramount importance of those services); consideration should be given to have the local and state job creation incentive provisions mirror each other including all provisions relating to state required underwriting provisions; such underwriting provisions which include the production of financial statements and/or tax returns should also be included as a requirement under all incentive programs; and lastly, the applicability of the public records exemption relating to any applicant's financial information shall apply to all members of county staff and the public except for the individual County Commissioners, the County Attorney, the County Manager, the Economic Development Administrator and the Clerk of Courts and designated employees of such elected officials and county staff. Further that the Economic Development Administrator bring the draft amended ordinances to the Board of County Commissioners in April, 2013 for review and discussion along with any other proposals the administrator may have in the way of programs for the board's consideration. At such time, the Board can direct the legally conforming options be presented to the community for input and additional recommendations, all with the intent of developing a legally sound and financially feasible economic development program that reflects the will of the tax-paying public. PREPARED BY: Commissioner Georgia Hiller, Chair Attachments - County economic incentive ordinances; applicable public records statutory provisions. Packet Page -181- 2/12/2013 10.K. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.K. Item Summary: Recommendation that the Board of County Commissioners direct the County Attorney to coordinate with the county's newly hired Economic Development administrator to draft amendments to and extensions for the county's economic development ordinances which are set to expire in 2013 and further, to include provisions with respect to the requirements of F.S. Chpt. 119 (Public Records) relating to economic development financial records disclosure exemptions. Specifically, and for example, the ordinance providing for a property tax exemption incentives was never approved by general referendum as required by Florida's constitution/statute and as such is invalid -the cure is suspension of the ordinance pending the public's vote of approval; the impact fee waiver incentive program ignores that the impact fee fund that would otherwise see a contribution of impact fees, has to be made whole by some alternative source of funding (otherwise the impact fee charged becomes an illegal tax) -the cure is to require, as part of the ordinance, that the county immediately make a fund transfer to the affected impact fee fund equal in amount to the awarded waiver; as an alternative to an impact fee waiver program, an additional provision should be added for an impact fee exemption program which could include an impact fee moratorium for select impact fees (public safety related impact fees should not be suspended given the paramount importance of those services); consideration should be given to have the local and state job creation incentive provisions mirror each other including all provisions relating to state required underwriting provisions; such underwriting provisions which include the production of financial statements and/or tax returns should also be included as a requirement under all incentive programs; and lastly,the applicability of the public records exemption relating to any applicant's financial information shall apply to all members of county staff and the public except for the individual County Commissioners, the County Attorney, the County Manager, the Economic Development administrator and the Clerk of Courts and designated employees of such elected officials and county staff. Further that the Economic Development administrator bring the draft amended ordinances to the Board of County Commissioners in April, 2013 for review and discussion along with any other proposals the Administrator may have in the way of programs for the Board's consideration. At such time, the Board can direct the legally conforming options be presented to the community for input and additional recommendations, all with the intent of developing a legally sound and financially feasible economic development program that reflects the will of the tax-paying public. (Commissioner Hiller) Meeting Date: 2/12/2013 Packet Page-182- 2/12/2013 10.K. Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 2/6/2013 10:52:14 AM Submitted by Title: Executive Secretary to County Manager,CMO Name: BrockMaryJo 2/6/2013 10:52:16 AM Approved By Name: OchsLeo Title: County Manager Date: 2/6/2013 12:39:12 PM ti Packet Page-183- 2/12/2013 10.K. `` ECONOMIC DEVELOPMENT §49-23 ARTICLE I. IN GENERAL eludes 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 (3) 'H' impact"is that designation PROGRAM hi "P gnation 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 (4.1) "Jobs" are limited to individual perma- an intergovernmental or interlocal agreement. nent legal residents of the United States (Ord. No. 03-61, § 1, 11-18-03) 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 Cora- 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- cries,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- formation technology, biomedical, manu- (1) "Average wage"is the annual rate paid to factoring, corporate headquarters, re- private-sector employees within Collier search and development, wholesale trade County,from highest to lowest divided by and distribution, and businesses locating number of persons employed full-time, as or expanding within the Immokalee Rural reported by private-sector employers in Federal Enterprise Community the State of Florida who are covered by (Ord. No. 03-61, § 1, 11-18-03; Ord. No. 2006-36, federal and state unemployment compen- § 1) sation laws (UC), and reported annually 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 Packet Page -184- 2/12/2013 10.K. §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 (1) Application process.Any business seeking before the date it is due. The program obligation eligibility for payment period will be no longer than ten years if the gi ty p yment 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 nit,"), 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 nies located in a high impact area,that is an area The application must contain the follow- outside the enterprise community and. eastern mg 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 lion 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 (NAICS); 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 ere- 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. eluding 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 corn- 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 Packet Page-185- 2/12/2013 10.K. ECONOMIC DEVELOPMENT §49-24 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- ments of the agreement, the county may by the program will in all events become record any necessary documentation evi- due and payable and shall be immediately 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 } and payable and must then be immedi- enforce the agreement or declare that ately repaid to the county in the event of 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- 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- ) ically be subordinate to the owner's Supp.No.26 CD49:5 Packet Page-186- 2/12/2013 10.K. §49-25 COLLIER COUNTY CODE Sec. 49-25. Program eligibility criteria. c. The newly created jobs pay an aver- age wage equal to or greater than To be considered eligible for approval under 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: d. Each application for program partic- (1) Be located within Eastern Collier County 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- lier County; and clude 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- grnm 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 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 being of Collier County residents by providing a. Type of business conducted is within employment high-wage the targeted industry list of the Eco P yment 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 Packet Page-187- 2/12/2013 10.K. 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 Packet Page-188- 2/12/2013 10.K. `` 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 unincorporated Collier County that in- (a) General requirements. Pursuant to the pro- cludes those parcels of land immediately visions set forth in this section, the county estab- adjacent to, and east of, Collier Boule- lishes a job creation investment program for the yard, except for those parcels designated payment of costs associated with the relocation as part of the Immokalee Rural Federal and/or expansion of targeted projects, including Enterprise Community but not limited to relocation costs,company spon- sored day care facilities,land improvement costs, (3) "High impact"is that designation given to and/or existing facility improvements. These qualifying economic development projects projects may include commercial, industrial, and 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 Corn- 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- jobs will be in place. facturing, corporate headquarters, re- If the proposed project meets the require- ) search and development, wholesale trade merits for payment under the job creation Supp.No.24 CD49:7 Packet Page -189- 2/12/2013 10.K. §49-33 COI JIM 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- (3) In the event the non-county party is in quest for funds, along with documenta- default under the Agreement, and the tion that the stated jobs are in place. At default is not cured within 30 days after the beginning of each county fiscal year, written notice is provided to the owner, following the date the newly created jobs the board may bring a civil action to are in place and verified by the county enforce the agreement or declare that the manager, general revenue funds will be grant funds are thence immediately due set aside under the job creation invest- and payable. The board is entitled to ment program. recover all fees and costs, including (Ord. No. 03-60, § 1, 11-18-03) attorney's fees and costs,incurred by the county in enforcing the agreement, plus Sec. 49-34. Implementation. interest at the then maximum statutory rate for final judgments, calculated on a (a) Under this job creation investment pro- calendar day basis until paid. 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 panic- 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 lier 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 The newly created jobs pay an aver- any provisions deemed necessary by the board to age wage of at least 115 percent of effectuate the provisions of this article: the county's current private-sector (1) The legal description of the development. average wage. Supp.No.24 CD49:8 Packet Page-190- 2/12/2013 10.K. 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 b. The newly created jobs pay an aver- County; (3) lessen the seasonal cycle of Collier 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 lier 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 Packet Page-191- 2/12/2013 10.K. §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; OH. 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 .com- 4.4*, (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 Packet Page-192- 2/12/2013 10.K. ECONOMIC DEVELOPMENT §4945 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 (1) 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 lier 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 Corn- 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.Nu.24 CD49:11 Packet Page -193- 2/12/2013 10.K. §49-45 COLLIER COUNTY CODE oslet 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) lier County; and b. Creates a minimum of 20 new full- time 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 Packet Page-194- 2/12/2013 10.K. 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 an�g 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 fishes 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 tore 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. Department of Agriculture as a multi-jurisdic- broadband infrastructure. The applica- Department entity including Immokalee(census tracts tion must contain the following: 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 Packet Page-195- 2/12/2013 10.K. §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- alter 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. eluding 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 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 (1) 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- ited,or otherwise conveyed separate from (a) The total value of payments to be approved the property without prior written ap- under this advanced broadband infrastructure proval from the county. Approved agree- investment program will be the cost of the eligible ments will run with the land. business project's system installation or upgrade, 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 (e) If the property which is subject to an ap- verified as complete by the county manager. 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 Packet Page -196- 2/12/2013 10.K. 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. lier 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. lier 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 Corn- 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(1) 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- centives to eligible targeted industries in Collier County to mitigate the effects of escalating relo- Area and meet the following criteria: 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 Packet Page-197- 2/12/2013 10.K. §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 lion 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 compli- (3) The type of business being proposed using ance with all applicable laws and regale- Standard Industrial Classification (SIC) lions; or North American Industrial Classifica- 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 be performed by the county manager or his des- igibility and payment through the job retention ignee, to determine whether there has been good investment program will file with the county 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 Packet Page -198- 2/12/2013 10.K. ECONOMIC DEVELOPMENT §49-91 revoked or unilaterally modified by the county. helps diversify the economy of Collier County. To Employer shall be given ten business days,prior further this policy,it is the intent of the Board to written notice of any review and audit. In addi- create a dedicated source of revenue to fund an tion to an annual audit, within ten business days economic development program and to advance from the county's written request, the employer economic development initiatives in zones of geo- will provide the county with all requested docu- graphic concentration within the unincorporated mentation required to verify compliance with the areas of the County. These zones, to be called terms of the ordinance or any agreement. Innovation Zones,will be designated by the Board (c) Job retention investment program funds from time to time through the implementation of will be paid,based on the number of existing jobs Economic Development Plans adopted by resolu- retained,in equal amounts over a three-year time tion for each Innovation Zone. period.Upon creation of the new jobs,as required (Ord. No. 2010-20, § 1) by the State of Florida Qualified Targeted Indus- try (QTI) Tax Incentive Program, the company may submit a request to the county manager for Sec. 49-91. Findings. payment of job retention investment program funds along with documentation related to the It is hereby ascertained, determined and de- retained jobs. Such documentation shall be veri- fied by the county prior to the release of funds. dared that: Any award under this program is subject to the availability of funding. (A) The use of available Tax Increment reve- nues within an Innovation Zone as a ded- (d) In the event that the company fails to icated economic development tool and fund- comply with the terms of the program, including ing source enhances the general welfare failure to qualify or maintain qualification for the of the County through the advancement State of Florida Qualified Targeted Industry(QTI) of new employment opportunities,the im- Tax Incentive Program, or any other default oc- plementation of redevelopment initia- curs, the default must be cured within 30 days tives,the creation of new economic devel- from written notice being provided to the owner. opment opportunities and locations and The board is entitled to recover all fees, costs, the expansion of existing employment cen- including attorney's fees and costs, incurred by ters. the county in enforcing the agreement,plus inter- est at the then maximum statutory rate for final judgments, calculated on a calendar day basis (B) Each Innovation Zone is intended to en- until paid. compass a defined geographic area used to determine the Tax Increment paid and (e) The provisions of this article will expire applied pursuant to ordinance,resolution and be void on October 1, 2013, unless continued or agreement within the meaning of the by a vote of the board of county commissioners term"dedicated increment value" defined prior to this date. in F.S. § 200.001(8)(h). (Ord. No. 08-16, § 1) Secs, 49-65-49-89. Reserved. (C) Commencing in the Initial Tax Increment Year for each Innovation Zone, the Tax Increment calculated pursuant to Section ARTICLE VII. INNOVATION ZONES 4 of this Ordinance is intended to be a dedicated increment value referenced in Sec. 49-90. Purpose. the calculation of the "rolled back rate" under the method established in F.S. It is the policy of the Board to promote eco- § 065(1), Florida Statutes. nomic growth which results in high wage jobs and (Ord. No. 2010-20, § 2) Supp.No.28 CD49:17 Packet Page -199- 2/12/2013 10.K. §49-92 COLLIER COUNTY CODE Sec. 49-92. Definitions. Tax Increment for the annual funding by the County of an Economic Development Trust Fund As used in this Ordinance, the following words for a Zone. and terms have the following meanings, unless the context otherwise requires a different defmi- "Innovation Zone" or "Zone" means a geo- tion: graphic area created by resolution pursuant to Section 4 of this Ordinance used to determine a "Aggregate Ad Valorem Millage Rate" means Tax Increment to be paid into an Economic De- that millage rate obtained from the quotient of velopment Trust Fund to fund the Economic De- the sum of ad valorem taxes levied by the Board velopment Plan approved for each Zone. for countywide programs and within a municipal service taxing unit plus the ad valorem tax levied "Property Appraiser" means the Property Ap- for all districts dependent to the Board divided by praiser of the County. the total taxable value of the County, excluding "Tax Increment"means the annual determina- Voted Millage. tion for each Zone of the tax increment revenues "Aggregate Ad Valorem Taxes" means ad valo calculated for each Zone pursuant to the formula rem revenue generated by a levy of the Aggregate adopted in Section 4 of this Ordinance. Ad Valorem Millage Rate against the total taxable "Tax Increment Resolution" means the resolu- value of the County considered for any of the tion adopted by the Board pursuant to Section 9 of discrete Collier County Real Property Assessment this Ordinance. Rolls referenced in Section 4 of this Ordinance. "Voted Millage"means ad valorem taxes levied "Base Year Assessment Roll" means the last in excess of maximum millage amounts autho- Collier County Real Property Assessment Roll rized by law approved for periods not longer than certified by the Property Appraiser prior to the two years by vote of the electors pursuant to date of adoption of the Tax Increment Resolution. Article VII, section 9(b), Florida Constitution, or "Board" means the Board of County Commis- ad valorem taxes approved by the electors and levied as provided in Article VII, section 12, sioners of the County. Florida Constitution, whether required and au- "County" means Collier County, Florida. thorized by law, ordinance or the Florida Consti- tution. "County Manager"means the chief administra- (Ord. No. 2010-20, § 3) tive officer of the County or such person's desig- nee. Sec. 49-93. Creation of innovation zones and the calculation of annual tax in- "Economic Development Plan" means the eco- crement amount. nomic development program referred to in Sec- tion 8 of this Ordinance established by resolution (A) The Board shall create Innovation Zones of the Board for each Zone. by adopting a resolution defining the geographic area comprising the Zone. "Economic Development Trust Fund" or "Trust Fund" means that Trust Fund created by resolu- (B) The Tax Increment amount for each Zone tion in Section 6 of this Ordinance for each Zone shall be determined annually by the application for the deposit, maintenance and accounting of of the following formula within the geographic the Tax Increment revenues annually generated area defined for each Zone and shall be that within each Zone. amount equal to the percentage rate set in the Tax Increment Resolution applied to the differ- "Initial Tax Increment Year" means the tax ence between: (1) the amount of Aggregate Ad year commencing October 1, 2010 or such subse- Valorem Taxes received each year by the County quent tax year as established in the Tax Incre- from ad valorem taxes levied on taxable real ment Resolution for the initial determination of a property contained within the geographic bound- Supp.No.28 CD49:18 Packet Page -200- 2/12/2013 10.K. ECONOMIC DEVELOPMENT §49-97 aries of a Zone; and (2) the amount of Aggregate Zone shall be deposited in the Trust Fund prior to Ad Valorem Taxes which would have been pro- January 1 of each year as provided in Section 5 of duced by a levy of the Aggregate Ad Valorem this Ordinance and maintained for such Zone Millage Rate each year by the County upon the until paid or pledged for the implementation of taxable real property within the geographic bound- the Economic Development Plan created for the aries of a Zone as shown on the Base Year Assess- Zone. By resolution of the Board, available funds ment Roll. maintained in one Economic Development Trust (C) The amount to be funded by the County for Fund can be paid or applied for a joint project or each Zone shall not be less than the percentage program with available funds maintained in a applied to the difference between subparagraphs separate Economic Development Trust Fund or a (B)(1) and(B)(2) of this Section as set in the Tax percentage of future Tax Increment revenues can Increment Resolution or the resolution creating be pledged and applied for two or more Economic Development Trust Funds to jointly fund a pro- an Economic Development Plan adopted for each gram or project affecting multiple Zones. Innovation Zone. (Ord. No. 2010-20, § 6) (D) The County Manager shall certify to the Property Appraiser by May 1 of the year prior to Sec. 49-96. Pledge or appropriation of trust the Initial Tax Increment Year, the boundaries of funds. the designated geographic areas of each Zone,the reference to the Base Year Assessment Roll to be By subsequent resolution or agreement, the applied, and the specific proportion of the cumu- Board shall have the authority to provide for the lative increase in taxable value to be applied in use of funds maintained in an Economic Develop- determining the Tax Increment. Any change in ment Trust Fund for any purpose that accords geographic boundaries,the Base Year Assessment with the requirements of Florida law, including Roll or percentage of the specific proportion of the without limitation issuing revenue bonds secured cumulative increase in taxable value shall be by a pledge of available funds maintained in an certified to the Property Appraiser prior to May 1 Economic Development Trust Fund, or authoriz- of the year in which the change is to 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 de- security for revenue bonds, then such bonds can velopment 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 pur- ment Trust Funds for multiple Zones as deter- suant to Section 4(D),the Board shall appropriate mined in such subsequent resolution or agree- and transfer to the Economic Development Trust ment. Fund created for each Zone the Tax Increment for (Ord. No. 2010-20, § 7) such defined geographic area, in an amount not less than that calculated pursuant to the formula Sec. 49-97. Preparation of economic devel- provided in Section 4 of this Ordinance. opment plan. (Ord. No. 2010-20, § 5) The Board shall adopt,and revise as necessary, Sec. 49-95. Creation of economic develop- by resolution,an Economic Development Plan for ment trust fund for each zone. each Zone created by Ordinance, to provide for: There is hereby created an Economic Develop- (A) The appropriation or pledge of trust funds ment Trust Fund for each Zone hereafter created deposited or maintained in the Economic by the Board in accordance with this Ordinance. Development Trust Fund created for those The Tax Increment determined annually for each Zones. Supp.No.28 CD49:19 Packet Page-201- 2/12/2013 10.K. §49-97 COLLIER COUNTY CODE (B) An economic development program idea- Sec. 49-100. Conflict and severability. tifying 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 appli- implement and support such program, any incentives, regulatory or procedural cable law, the more restrictive shall apply. If any changes, donations or contributions as phrase or portion of the Ordinance is held invalid may be deemed necessary to further eco- or unconstitutional by any court of competent nomic development and/or redevelopment jurisdiction, such portion shall be deemed a sep- within the respective Innovation Zone and mate, distinct and independent provision and a fiscal and/or economic analysis as and to such holding shall not affect the validity of the the extent deemed appropriate by the remaining portion. Board. (Ord. No. 2010-20, § 11) (C) A partnership agreement, from one or more private entities,detailing a commit- ment to provide support in the form of financial funding,infrastructure improve- ments, land donations or other contribu- tions,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 in- crement. 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 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 neces- sary for staff to implement this Ordinance,includ- ing minimum application requirements. These rules and regulations will be published and made readily available to the public. (Ord. No. 2010-20, § 10) Supp.No.28 CD49:20 Packet Page-202- 288.075 - -2012 Florida Statutes - The Florida Senate 2/12/2013 10.K. The Florida Senate 2012 Florida Statutes CHAPTER 288 TITLE XIX COMMERCIAL PUBLIC BUSINESS DEVELOPMENT VIEW ENTIRE CHAPTER AND CAPITAL IMPROVEMENTS 288.075 Confidentiality of records.— (1) DEFINITIONS.—As used in this section,the term: (a) "Economic development agency"means: 1. The Department of Economic Opportunity; 2. Any industrial development authority created in accordance with part III of chapter 159 or by special law; 3. Space Florida created in part II of chapter 331; 4. The public economic development agency of a county or municipality or,if the county or municipality does not have a public economic development agency,the county or municipal officers or employees assigned the duty to promote the general business interests or industrial interests of that county or municipality or the responsibilities related thereto; 5. Any research and development authority created in accordance with part V of chapter 159;or 6. Any private agency,person,partnership,corporation,or business entity when authorized by the state,a municipality,or a county to promote the general business interests or industrial interests of the state or that municipality or county. (b) "Proprietary confidential business information"means information that is owned or controlled by the corporation,partnership,or person requesting confidentiality under this section;that is intended to be and is treated by the corporation,partnership,or person as private in that the disclosure of the information would cause harm to the business operations of the corporation,partnership,or person;that has not been disclosed unless disclosed pursuant to a statutory provision,an order of a court or administrative body,or a private agreement providing that the information may be released to the public;and that is information concerning: 1. Business plans. 2. Internal auditing controls and reports of internal auditors. 3. Reports of external auditors for privately held companies. (c) "Trade secret"has the same meaning as in s.688.002. (2) PLANS,INTENTIONS,AND INTERESTS.— (a)1. If a private corporation,partnership,or person requests in writing before an economic incentive agreement is signed that an economic development agency maintain the confidentiality of information concerning plans,intentions,or interests of such private corporation,partnership,or person to locate,relocate,or expand any of its business activities in this state, the information is confidential and exempt from s.119.07(1)and s.24(a),Art.I of the State Constitution for 12 months after the date an economic http://www.flsenate.gov/Laws/Statutes/2012 Packet Page-203- 2/6/2013 288.075 - - 2012 Florida Statutes -The Florida Senate 2/12/2013 10.K. development agency receives a request for confidentiality or until the information is otherwise disclosed,whichever occurs first. 2. An economic development agency may extend the period of confidentiality specified in subparagraph 1.for up to an additional 12 months upon written request from the private corporation,partnership,or person who originally requested confidentiality under this section and upon a finding by the economic development agency that such private corporation,partnership, or person is still actively considering locating,relocating,or expanding its business activities in this state.Such a request for an extension in the period of confidentiality must be received prior to the expiration of any confidentiality originally provided under subparagraph 1. If a final project order for a signed economic development agreement is issued,then the information will remain confidential and exempt for 180 days after the final project order is issued, until a date specified in the final project order, or until the information is otherwise disclosed, whichever occurs first. However, such period of confidentiality may not extend beyond the period of confidentiality established in subparagraph 1.or subparagraph 2. (b) A public officer or employee may not enter into a binding agreement with any corporation,partnership,or person who has requested confidentiality of information under this subsection until 90 days after the information is made public unless: 1. The public officer or employee is acting in an official capacity; 2. The agreement does not accrue to the personal benefit of such public officer or employee;and 3. In the professional judgment of the officer or employee,the agreement is necessary to effectuate an economic development project. (3) TRADE SECRETS.—Trade secrets held by an economic development agency are confidential and exempt from s. 119.07(1)and s.24(a),Art.I of the State Constitution. (4) PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.— Proprietary confidential business information held by an economic development agency is confidential and exempt from s.119.07(1)and s.24(a), Art.I of the State Constitution,until such information is otherwise publicly available or is no longer treated by the proprietor as proprietary confidential business information. (5) IDENTIFICATION,ACCOUNT,AND REGISTRATION NUMBERS.— A federal employer identification number,reemployment assistance account number,or Florida sales tax registration number held by an economic development agency is confidential and exempt from s.119.07(1)and s.24(a), Art.I of the State Constitution. (6) ECONOMIC INCENTIVE PROGRAMS.— 1(a) The following information held by an economic development agency pursuant to the administration of an economic incentive program for qualified businesses is confidential and exempt from s. 119.07(1)and s.24(a),Art.I of the State Constitution for a period not to exceed the duration of the incentive http://www.flsenate.gov/Laws/Statutes/2012 Packet Page-204- 2/6/2013 288.075 - - 2012 Florida Statutes - The Florida Senate 2/12/2013 10.K. agreement,including an agreement authorizing a tax refund or tax credit,or upon termination of the incentive agreement: 1. The percentage of the business's sales occurring outside this state and, for businesses applying under s.288.1045,the percentage of the business's gross receipts derived from Department of Defense contracts during the 5 years immediately preceding the date the business's application is submitted. 2. An individual employee's personal identifying information that is held as evidence of the achievement or nonachievement of the wage requirements of the tax refund,tax credit,or incentive agreement programs or of the job creation requirements of such programs. 3. The amount of: a. Taxes on sales,use,and other transactions paid pursuant to chapter 212; b. Corporate income taxes paid pursuant to chapter 220; c. Intangible personal property taxes paid pursuant to chapter 199; d. Insurance premium taxes paid pursuant to chapter 624; e. Excise taxes paid on documents pursuant to chapter 201; f. Ad valorem taxes paid,as defined in s.220.03(1);or g. State communications services taxes paid pursuant to chapter 202. However, an economic development agency may disclose in the annual incentives report required under s. 288.907 the aggregate amount of each tax identified in this subparagraph and paid by all businesses participating in each economic incentive program. (b)1. The following information held by an economic development agency relating to a specific business participating in an economic incentive program is no longer confidential or exempt 180 days after a final project order for an economic incentive agreement is issued,until a date specified in the final project order,or if the information is otherwise disclosed,whichever occurs first: a. The name of the qualified business. b. The total number of jobs the business committed to create or retain. c. The total number of jobs created or retained by the business. d. Notwithstanding s.213.053(2),the amount of tax refunds,tax credits,or incentives awarded to,claimed by,or,if applicable,refunded to the state by the business. e. The anticipated total annual wages of employees the business committed to hire or retain. 2. For a business applying for certification under s. 288.1045 which is based on obtaining a new Department of Defense contract,the total number of jobs expected and the amount of tax refunds claimed may not be released until the new Department of Defense contract is awarded. (7) PENALTIES.—Any person who is an employee of an economic development agency who violates the provisions of this section commits a misdemeanor of the second degree,punishable as provided in s. 775.082 or s. 77 5.083. http://www.flsenate.gov/Laws/Statutes/2012 Packet Page-205- 2/6/2013 288.075 - - 2012 Florida Statutes - The Florida Senate 2/12/2013 10.K. History.—s.1,ch.77-75;s.1,ch.79-395;s.3,ch.83-47;s. 1,ch.86-152;s. 1, ch.86-180;s. 1,ch.86-218;s.1,ch.89-217;s. 104,ch.90-360;s.245,ch.91-224;s. 220,ch.95-148;s. 1,di.95-378;s. 1,ch.96-353;s. 135,ch.96-406;s. 14,ch.99- 256;s.1,ch.2001-161;s.5,ch.2002-183;s.27,ch.2003-286;s.55,ch.2006-60;s. 1,ch.2006-157;s. 1,ch.2007-203;s.23,ch.2011-76;s. 148,ch.2011-142;s.1,ch. 2012-28;s.55,ch.2012-30. 'Note.—Section 35,ch.2011-76,provides that: "(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met,to adopt emergency rules under ss.120.536 (1)and 120.54(4),Florida Statutes,for the purpose of implementing this act. "(2) Notwithstanding any other provision of law, such emergency rules shall remain in effect for 6 months after the date adopted and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules." Disclaimer.The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright C 2000-2013 State of Florida. http://www.flsenate.gov/Laws/Statutes/2012 Packet Page-206- 2/6/2013