Ordinance 2018-39 ORDINANCE NO. 2018- 3 9
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE INTERCHANGE
ACTIVITY CENTER NO. 9 INNOVATION ZONE; PROVIDING FOR THE
CALCULATION OF AN ANNUAL TAX INCREMENT AMOUNT WITHIN
THIS INNOVATION ZONE; CREATING AN INNOVATION ZONE
TRUST FUND FOR THE TRANSFER AND MAINTENANCE OF SUCH
TAX INCREMENT AMOUNTS; SETTING FORTH THE ECONOMIC
DEVELOPMENT PLAN FOR THIS INNOVATION ZONE; PROVIDING
FOR CONFLICT, SEVERABILITY, AND INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in addition to its broad home rule powers, Collier County is expressly
authorized under Section 125.045, Florida Statutes to "expend public funds for economic
development activities, including,but not limited to, developing or improving local infrastructure,
issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing
plants, leasing or conveying real property, and making grants to private enterprises for the
expansion of businesses existing in the community or the attraction of new businesses to the
community;" and
WHEREAS, Collier County previously adopted Ordinance No. 2010-20 providing for the
creation of Innovation Zones, specifically finding as follows:
"It is the policy of the Board to promote economic growth which results in high wage
jobs and helps diversify the economy of Collier County. To further this policy, it is the intent of
the Board to create a dedicated source of revenue to fund an economic development program
and to advance economic development initiatives in zones of geographic concentration within
the unincorporated areas of the County. These zones, to be called Innovation Zones, will be
designated by the Board from time to time through the implementation of Economic.Development
Plans adopted by resolution for each Innovation Zone; " and
WHEREAS, for many years development has unduly lagged within the industrial and
commercial areas near the Interstate 75 and Collier Boulevard intersection; and
WHEREAS, the Board believes that Innovation Zones spur economic development in
Collier County by targeting specific industries with the potential to add high wage employment
opportunities; and
WHEREAS, the Board believes that it is in the substantial public interest to create an
Innovation Zone around the industrial and commercial areas near the Interstate 75 and Collier
Boulevard intersection to help accelerate this area's development,thereby creating both high wage
jobs as well as a healthy tax base for the citizens of Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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Section One: Definitions and Findings
This Ordinance is intended to be a companion ordinance to Ordinance No. 2010-20,known
as the Collier County Innovation Zone Ordinance. Accordingly, the Board of County
Commissioners hereby adopts in full the definitions and findings set forth in Ordinance 2010-20,
except for the Base Year Assessment Roll, which is defined below, and as modified hereby
incorporates such definitions and findings as if specifically set forth below.
Section Two. Establishment of the Interchange Activity Center No. 9 Innovation Zone.
The Board of County Commissioners hereby creates the Interchange Activity Center No.
9 Innovation Zone. The Interchange Activity Center 9 Innovation Zone shall be comprised of
Activity Center No. 9, as defined in the Future Land Use Element of the Collier County Growth
Management Plan, together with additional adjacent vacant industrial land, as graphically
described in Exhibit A.
Section Three. Initial Tax Increment Year and Percentage.
For purposes of establishing the Base Year Assessment Roll,the base year shall be the last
Collier County Real Property Assessment Roll certified by the Property Appraiser for the County
Fiscal Year beginning October 1, 2016. Tax increments shall commence to be deposited into the
Trust Fund with the County fiscal year commencing on October 1, 2018, and funding shall
continue through September 30, 2028, unless extended by majority vote of the Board by
Resolution. The amount of the tax increment to be deposited into the Trust Fund shall be equal to
100% of the amount based on the formula set forth in Section 4(B) of Collier County Ordinance
No. 2010-20.
Section Four: Creation of an Economic Trust Fund.
The County hereby creates the Interchange Activity Center No. 9 Innovation Zone Trust
Fund. The tax increment shall be deposited into the trust fund and the trust fund proceeds shall be
utilized to implement the Economic Development Plan set forth in Section Five. 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.
Section Five: Adoption of the Economic Development Plan.
The primary purpose of the Interchange Activity Center No. 9 Innovation Zone is to attract
and retain qualified targeted industry business as defined by Florida Statute 288.106. Trust funds
may be utilized in any lawful manner, including infrastructure required to serve new target
businesses 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
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which the Board of County Commissioners determines fosters economic development. 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 development within the Interchange Activity Center No. 9
Innovation Zone, as graphically represented by Exhibit A.
Section Six: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Seven: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County,Florida. The section of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word "Ordinance" may be changed to "Section,"
"Article," or any other appropriate word.
Section Eight: Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County;-Florkcla, this'7-;- -day of July, 2018.
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ATI ES"I: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K-;KINZEL, Interim Clerk COLLIER U TY, FLOr re,
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Appro der I w-m and ie ality:
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Jeffrey A. la1' ow, County Attorney
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FLORIDA DEPARTMENT Of STATE
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RICK SCOTT KEN DETZNER
Governor Secretary of State
July 12, 2018
Ms. Crystal K. Kinzel, Interim Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-39, which was filed in this office on July 12, 2018.
Sincerely, 1
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us