Ordinance 2005-56
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\~'~~L':'·/~t/J.ì.. . ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
..,....... LE~ /£OLLIER COUNTY, .~LORIDA, AMENDING ARTICLE V OF
--.~..._.~." CHAPTER 49 OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES, PERTAINING TO THE ADVANCED BROADBAND
INFRASTRUCTURE INVESTMENT PROGRAM; PROVIDING FOR
ADDITIONAL APPLICATION REQUIREMENTS AND CRITERIA FOR
PARTICIPATION IN THE PROGRAM THAT ARE CONSISTENT WITH
THE OTHER ECONOMIC INITIATIVES SET FORTH IN CHAPTER 49;
PROVIDING FOR A CLARIFICATION RELATED TO ELIGIBLE
REPA YMENTS; PROVIDING FOR INCLUSION IN THE CODE OF
LA WS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
ORDINANCE NO. 2005 - 56
WHEREAS, on November 18, 2003, the Board of County Commissioners of
Collier County, Florida, adopted Ordinance No. 2003-59, establishing an Advanced
Broadband Infrastructure Investment Program to enhance Collier County's economic
expansion and diversification efforts; jmd
WHEREAS, Chapter 49 of the Collier County Code of Laws and Ordinances sets
forth four Economic Development Programs, known as the Fee Payment Assistance
Program, the Job Creation Investment Program, the Property Tax Stimulus Program, as
well as the Advanced Broadband Infrastructure Investment Program; and
WHEREAS, the Advanced Broadband Infrastructure Investment Program does
not have same application or eligibility requirements as the other three programs; and
WHEREAS, the Board has directed that the Advanced Broadband Infrastructure
Investment Program should have similar application and eligibility requirements as the
other three programs; and
WHEREAS, the proposed requirements and clarifications will not adversely
effect the Advanced Broadband Infrastructure Investment Program; and
WHEREAS, enactment of this ordinance will be in the public interest and serve a
valid public purpose by adding necessary requirements and criteria to ensure the accurate
implementation and award of incentives to the Advanced Broadband Infrastructure
Investment Program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Chapter 49, ECONOMIC DEVELOPMENT, Article V, ADVANCED
;7~ ~~~, ('-.)
BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM, of th~iCouîer
County Code of Laws and Ordinances is hereby amended to read as follows:
J
ARTICLE V. ADVANCED BROADBAND
INFRASTRUCTURE INVESTMENT PROGRAM
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Section 49-50. Applicability.
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This article applies to the unincorporated area of Collier County, Florida, and to
all incorporated areas of Collier County to the greatest extent authorized by Article VIII,
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Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental
or interlocal agreement.
Section. 49-51. Purpose.
The purpose of this article is to: (1) establish an advanced broadband
infrastructure investment program for the purpose of enhancing Collier County's
economic diversification efforts; (2) provide for the economic well being of Collier
County residents by providing better opportunities for high-wage employment in Collier
County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage
investment opportunities for new or existing companies thus increasing and diversifying
the county's tax base.
Section 49-52, Specific Definitions!
When used in this article, the following terms have the meaning stated, unless the
context clearly indicates otherwise:
~) ill "Advanced broadband infrastructure" means the components of network
architecture consisting of physical cable plant and/or a wireless
technology platform and associated customer premise end equipment
(CPE) and structured wiring required to support broadband data transfer,
which can provide mechanisms for providing specified quality of service
(QoS) levels specified by the end user.
fB ill "Average wage" is the annual rate paid to private-sector employees within
Collier County, from highest to lowest divided by number of persons
employed full-time, as reported by private-sector employers in the State of
Florida who are covered by federal and state unemployment compensation
laws (UC), and reported annually based on figures released by the Florida
Agency for Workforce Innovation.
~ ill "Broadband" means high speed digital data rate transfer typically
associated with digital data rates of 10 megabits per second and higher;
broadband is capable of accommodating all media, including voice, data,
and video transfer.
(4) "Customer premise equipment (CPE)" means the electronic equipment
located on the premises of the end user required to support advanced
broadband services.
(5) "Eastern Collier Countv" is that area of unincorporated Collier County
that includes those parcels of land immediately adiacent to. and east of,
Collier Boulevard. except for those parcels designated as part of the
Immokalee Rural Federal Enterprise Community.
(6) "High imvact" is that designation given to qualifyin~ economic
development proiects located outside of Eastern Collier County and the
Immokalee Rural Federal Enterprise Community.
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fétill "Quality of servlce (QoS)" means those requirements which are
determined by applications employed by the end user.
(8) "Rural Federal Enterprise Communitv" is that iurisdiction so desi~nated
by the U.S. Department of Agriculture as a multi-jurisdictional entity
including Immokalee (census tracts 112.04. 112.05. 113. 114). parts of
Hendrv County and the Seminole Indian Reservation; the Enterprise
Community boundaries in Collier County follow the Immokalee
Enterprise Zone boundaries. a designation by the State of Florida. pursuant
to F.S. §§ 290.001--290.016.
~í22 "Structured wiring" means the cable network located within a customer's
premises that is required to deliver advanced broadband services.
(l0) "Tarf!eted industrv" is one that is aggressi vel y pursued for relocation to,
or expansion within. the local iurisdiction by the Economic Development
Council of Collier Cbunty. It may include. but is not limited to the
following industries: aviation, information. technology. biomedical.
manufacturing:, corporate headquarters. research and development.
wholesale trade and distribution. and companies locating or expanding
within the Immokalee Rural Federal Enterprise Community.
Section 49-53. Advanced broadband infrastructure investment program.
(a) General requirements. Pursuant to the provisions set forth in this section, the
county establishes an advanced broadband infrastructure investment program providing
payments (hereinafter the "payment") to offset the costs associated with the installation or
upgrade of advanced broadband infrastructure in commercial and industrial buildings to
encourage the relocation and/or expansion of high-wage targeted industries. The payment
is a local option economic incentive for new or upgraded advanced broadband
infrastructure projects that may be approved at the sole discretion of the board.
(1) Application process. Any business owner seeking eligibility through the
advanced broadband infrastructure investment program will file an
application with the county manager requesting participation in the
program. The application will be filed prior to the business owner making
the decision to invest in the advanced broadband infrastructure. The
application must contain the following:
a. The name and address of the business owner; and
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b A current and complete legal description of the site upon which the
project is proposed to be located; and
c. The type of business proposed, usmg Standard Industrial
Classification (SIC) or North American Industrial Classification
System (NAICS); and
d. The total cost incurred by the business to enable broadband
services, including but not limited to: a) charges assessed by the
service provider for establishing and/or extending the service
provider's broadband infrastructure, and b) customer premise
equipment and structured wtnng required to support broadband
services; and I
e. The date (month and year) when the project will be substantially
complete,:,; and
f. The number of full-time employee positions to be created and
retained as a result of the proiect; and
g. The average wage of those positions created and retained; and
h. The total capital investment of the expansion or relocation project.
including land, building and equipment costs.
(2) Agreement. If the proposed project meets the requirements under the
advanced broadband infrastructure investment program as set forth in this
article, the board may approve an agreement granting participation by, and
payments to, a business owner. No precedent is to be implied or inferred
by such payments to a new or expanding business. Applications' for
participation will be considered by the board on a case-by-case basis for
each application.
Section 49-54. Implementation.
(a) The total value of payments to be approved under this advanced
broadband infrastructure investment program will be the cost of the eligible business
project's system installation or upgrade, up to a maximum of $25,000.00. The business is
eligible to be paid an amount not to exceed $8,400.00 per year, beginning in the fiscal
year after the infrastructure improvements have been verified as complete by the county
manager.
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(b) The eligible business will notify the county manager, in writing, once the
broadband infrastructure installation is complete. The county manager will verify project
completeness and obtain a copy of all invoices detailing costs related to such project. The
business will pay, or have already paid, its tax bill in full to the tax collector's office
annually on or before the date it is finally due. Under this program, applicants are not
eligible to pay their taxes on an installment basis. The applicant will then submit a copy
of their ad valorem tax payment receipt to the county manager verifying all taxes have
been paid in full and on time for each year the company is eligible for payment under this
program. Upon receipt, and verification of compliance with the terms of this article and
corresponding approved agreement, payment to the applicant will be authorized within 60
days.
(c) Improvements to real property made before the board approves the initial
agreement application described belew above will not be eligible for payment.
Additionally, payment will only be based upon the amount of broadband infrastructure
expenditures, as set forth above.
(d) The eligible business under the advanced broadband infrastructure
investment program must enter into an advanced broadband infrastructure investment
program agreement (the agreement) with the county, and the agreement must provide for,
at a minimum, the following and include any provisions deemed necessary by the board
to effectuate the provisions of this article:
(1) The legal description of the project or development.
(2) Neither the requirement for payment nor the agreement providing for such
payment, may be transferred, assigned, credited, or otherwise conveyed
separate from the property without prior written approval from the county.
Approved agreements will run with the land.
(3) Approved agreements must be recorded in the official records of Collier
County at no cost to the county.
(e) If the property which is subject to an approved agreement is delinquent in
the payment of its annual taxes or special assessments at any time within the payment
period, then any outstanding balance to be paid under this advanced broadband
infrastructure investment program wilJ not be made unless and until all outstanding ad
valorem property taxes and special assessments are paid in full.
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(0 Criteria. An eligible projeøt uRder this program IS one tAat meets the
following oriteria:
(1) Is looated OR commercially or iHdustrially zOHed pFØperty 1ß Collier
COl:lHty v:here a bl:lsiness oWFler:
a. CORStructS a new commercial or iFldustrial de':elopmeFlt for the
purpose of leasing or selliFlg those parcels of land; or
b. Constmcts a new buildiFlg or reno'/ates or expands RR existing
building; BFld
(2) That business owner uses or leases such developmeFlt or building "vhich is
proposed to contain ad\'aRced broadbaFld iFlfrastmoture.
fgjill Termination. The provisions of this article will expire and be void on
October 1, 2008, unless continued by a vote of the board of county commission prior to
this date.
SECTION TWO. Section 49-55 is hereby added to Chapter 49, Article V of the Collier
County Code of Laws and Ordinances, to read as follows:
Section 49-55. Proeram Elieibilitv Criteria.
To be considered eligible for approval under this program, a business or project
must meet the criteria of one of the following categories:
(1) Be located within Eastern Collier County and meet the following criteria:
a. Type of business conducted is within the targeted industry list of
the Economic Development Council of Collier County; and
b. Creates a minimum of ten new full-time employee positions; and
c. The newly created positions pay an average wa~e of at least 115
percent of the County's current private-sector average wage.
(2) Be located within the boundary of the Immokalee Rural Federal Enterprise
Community and meet the following criteria:
a. Create a minimum of five new full-time employee positions; an'd
b. The newly created positions pay an average wage equal to or
greater than 50 percent of the county's current private-sector
average wage.
(3) Be located within the boundary of the Immoka1ee Community
Redevelopment Area and meet the following criteria:
a. Create a minimum of five new full-time employee positions; and
b. The newly created positions pay an average wage equal to or
greater than 50 percent of the county's current private-sector
average wage.
(4) Be a high impact project and be located outside the enterprise community
and Eastern Collier County and meet the following criteria:
a. Type of business conducted is within the targeted industry list of
the Economic Development Council of ColJier County: and
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b. Creates a minimum of 20 new full-time employee positions; and
c. The newly created positions pay an avera~e wage equal to or
greater than 150 percent of the county's current pri vate-sector
average wa~e.
d. Each application for µrogram participation must have approval by
the board of county commissioners.
SECTION THREE. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or any other applicable law, the more restrictive shall apply. If any phrase or portion of
this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions.
SECTION FOUR. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed
to "section," "article," or any other appropriate word.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
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Collier County, Florida this I day of N DV~VY\ bl!(, ,2005.
A TrEST:,
. DWIGHT E.BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: '1u-J- w. ~
FRED W. COYLE, ChaJrma '
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This ordinance fi led with the
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and acknowledgemen~ that
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-56
Which was adopted by the Board of County Commissioners
on the 1st day of November, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of November, 2005.
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By: Ann dQnnejJhn,
Deputy Clerk