Ordinance 2008-25
ORDINANCE NO. 2008 - ~
ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2003-61, AS AMENDED,
WHICH ESTABLISHED A FEE PAYMENT ASSISTANCE
PROGRAM AND IS CODIFIED IN ARTICLE II OF
CHAPTER 49 OF THE COLLIER COUNTY CODE. OF
LAWS AND ORDINANCES, IN ORDER TO ENLARGE
PROGRAM ELIGIBILITY CRITERIA RELATING TO
THOSE EXISTING TARGETED INDUSTRY BUSINESSES
EXPANDING OR RELOCATING IN COLLIER COUNTY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier
County, Florida adopted Ordinance No. 2003-61, as amended, which established a Fee Payment
Assistance Program to mitigate the economic effects of increased impact fee rates; and
WHEREAS, the Fee Payment Assistance Program is intended to: (I) provide a
performance-based program offering financial relief for eligible targeted industry development
or expansion projects in Collier County to mitigate the effects of rising impact fee rates; (2)
provide for the economic well being of Collier County residents by providing high-wage
employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's
economy; and (4) encourage investment opportunities for new or existing companies thus
increasing and diversifying the county's tax base; and
WHEREAS, on April 22, 2008, the Board of County Commissioners, based on the
recommendation of the Economic Development Council of Collier County, determined that
those existing businesses expanding or relocating in Collier County should be able to include the
wages of current employees in establishing their eligibility for the Fee Payment Assistance
Program; and
WHEREAS, this revision will increase the access to economic incentives for local
businesses that are considering expanding or relocating in Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Article II, Fee Payment Assistance Program, Section 49-25, Program
eligibility criteria of the Collier County Code of Laws and Ordinances is hereby amended to read
as follows:
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Section 49-25.
Program eligibility criteria.
To be considered eligible for approval under this program, a business or project must
meet the criteria of one of the following categories:
(I) Be located within Eastern Collier County and meet the following criteria:
a. Type of business conducted is within the targeted industry list of the
Economic Development Council of Collier County; and
b. Creates a minimum of ten new full-time jobs; and
c. The newly created jobs pay an average wage of at least 115 percent of the
County's current private-sector average wage.
(2) Be located within the boundary of the Immokalee Rural Federal Enterprise
Community and meet the following criteria:
a. Create a minimum of five new jobs; and
b. The newly created jobs pay an average wage equal to or greater than 50%
percent of the county's current private-sector average wage.
(3) Be located within the boundary of the Immokalee Community Redevelopment
Area and meet the following criteria:
a. Create a minimum of five new job; and
b. The newly created jobs pay an average wage equal to or greater than 50
percent of the county's current private-sector average wage.
(4) Be a high impact project and be located outside the enterprise community and
Eastern Collier County and meet the following criteria:
a. Type of business conducted is within the targeted industry list of the
Economic Development Council of Collier County; and
b. Creates a minimum of 20 new full-time jobs; and
c. The newly created jobs pay an average wage equal to or greater than 150
percent of the county's current private-sector average wage.
d. Each application for program participation must have approval by the
board of county commissioners.
(5) An existing targeted industry company expanding within Collier County may
include the wages of the existing iobs and the newly created iobs to calculate the
average wage for the purpose of qualifving for the Fee Payment Assistance
Program.
SECTION TWO.
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 THREE. INCLUSION IN THE 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 re-numbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of
State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this JJ "'" day of f"rl c~ ,2008.
ATTEST
Dwight E. Brock, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
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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 2008-25
Which was adopted by the Board of County Commissioners
on the 27th day of May, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of May, 2008.
DWIGHT E. BROCK
Clerk of Courts and, c'1'e!'fk I,
Ex-officio to Board of
County CommissionerS~"". '
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By: Ann Jennejohn,
Deputy Clerk
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