Sec. 22-21. - Short title.

This article shall be known as and may be cited as the "Pasco County Target Industry Job Creation Incentive Ordinance."

(Ord. No. 10-08, § 1, 5-25-10)

Sec. 22-22. - Finding of facts and purpose.

(1)

It is the intent of the Pasco County Board of County Commissioners to establish and further a sound business and industrial workforce in Pasco County and diversify the tax base to benefit all residents in Pasco County. This is accomplished by attracting targeted industries or businesses to locate within the county and through expansion of certain existing target industries or businesses. This is further accomplished by attracting those industries or businesses that pay greater than the annual average wage to locate or expand in the county.

(2)

It is the intent and purpose of this article to provide the authority and mechanisms within the parameters of judicial, federal, state and local laws for such promotions and to allow the expenditure of public funds for such purposes.

(Ord. No. 10-08, § 2, 5-25-10)

Sec. 22-23. - Definitions.

As used in this article:

Annual average wage means the annual average wage paid to workers in Pasco County as published by Enterprise Florida, Inc., and compiled by the State of Florida, Agency for Workforce Innovation, Labor Market Statistics, for the most current year published.

Employee means those individuals working for the target business in positions that are covered under and included on Florida Department of Revenue, Employer's Quarterly Report Form UCT-6.

Job creation incentive the monetary award based on the percentage of the Pasco County average annual wage paid for new jobs created in Pasco County for target businesses.

Operation means the target business is open and conducting business at a Pasco County location.

Pasco Economic Development Council is a not-for-profit corporation within Pasco County responsible for promoting and furthering business and economic development within the county including, without limitation, engaging in marketing, advertising, promotional and other efforts to attract new businesses and industries to locate within the county, and further engaging in such efforts to encourage existing business and industries located within the county to expand, and further engaging in such efforts to improve the county's industrial and business property tax base, and further engaging in such efforts which further the creation of new jobs within the county which pay greater than the annual average wage for Pasco County.

Primary target industry (PTI) are those new or existing businesses or industries that sell at least 51 percent of their product or services outside of Pasco County (and specifically excluding all retail activities, utilities, mining and other extraction or processing business, and activities regulated by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation); and will pay at least the annual average wage for Pasco County and which have been certified as a PTI by the staff of the Pasco Economic Development Council. In determining whether a business or industry initially qualifies as a PTI, staff of the Pasco Economic Development Council shall be guided by whether said business or industry is listed in the list of target industries prepared by Enterprise Florida, Inc., in connection with the QTI program.

Promotion means to encourage the existence or progress of industrial, office, research and development, life-sciences and other business development within Pasco County, Florida.

Qualified target industry (QTI), as defined by the state, are those businesses or industries serving multistate and/or international markets (and specifically excluding all retail activities, utilities, mining and other extraction or processing business, and activities regulated by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation) and that are able to create new jobs at greater than the annual average wage for Pasco County and which have been further approved by the state as a QTI pursuant to F.S. § 288.106.

Target businesses are those industries or businesses that meet the definition of qualified target industry or primary target industry or both.

(Ord. No. 10-08, § 3, 5-25-10)

Sec. 22-24. - General authority.

The Pasco County Board of County Commissioners may budget funds and the county administrator, or his designee, may expend funds which are budgeted for business or industry promotion purposes pursuant to the provisions of F.S. chs. 125 and 129.

(Ord. No. 10-08, § 4, 5-25-10)

Sec. 22-25. - Incentives for targeted businesses within the county.

(1)

Incentives relating to job creation.

(a)

Target businesses, which through new construction, relocation of a business into Pasco County or expansion of existing Pasco County based business create at least ten new full-time jobs in the first year of operation within the county after the execution of an economic incentive agreement, and which pay an average annual wage for all Pasco-based employees of the company that are included in the company's application for the economic incentive agreement equal to or greater than 115 percent of the Pasco County average annual wage, will be eligible to apply for a job creation inventive of $2,000.00 per new full-time job created. For companies paying average wages above the 115 percent level, the following schedule will apply:

125 percent of the annual average wage: $3,000.00 per job created.

150 percent of the annual average wage: $4,000.00 per job created.

200 percent of the annual average wage: $5,000.00 per job created.

The target business will be eligible to receive up to the total qualifying incentive award as determined in subsection (1)(a) for new jobs created. The job creation incentive will be prorated in equal amounts for the number of jobs created during each year of the agreement. At no time shall the incentive exceed the amount specified in the agreement. The requirements and payout schedule will be specified in an economic incentive agreement between the target business and the county. Target businesses are encouraged to employ Pasco County residents.

(b)

Upon the county administrator or his designee determining the amount of the incentive the target business is eligible for, the county and the target business shall negotiate an economic incentive agreement detailing the obligations of the target business for the receipt of the incentive award.

(c)

If at anytime during the agreement period the number of jobs or wages the target business has projected falls below ten jobs, at 115 percent of the Pasco County average annual wage, the business shall be deemed in default of its obligations and any entitlement to the incentive award shall cease. Should the target business not meet the number of jobs or wages it has projected, but maintains the minimum number of employees required for the incentive, its incentive award will be adjusted for subsequent years to reflect what the business has actually created up to the incentive award amount originally specified in the economic incentive agreement.

(d)

In the event the target business closes its business, moves out of the county, or loses its status as a target business at any time during the agreement period, the target business will be required to reimburse to the county all award installments paid plus interest at the rate of prime plus one at the time of default from the date of the disbursement.

(2)

Eligibility for expedited plan amendments, zoning, plan review and permitting. Target businesses that qualify under this article shall receive expedited plan amendments, zonings, plan review and permitting by the applicable county departments. The county shall designate a liaison to the PEDC and the target business to ensure compliance with this article.

(3)

Incentives nonexclusive. The incentives in this section are not exclusive and eligible target businesses may apply for as many incentives as they qualify for in this section or other provisions of the Code, or as otherwise approved by the Pasco County Board of County Commissioners. Further, the incentives in this section do not preclude an industry or business from applying or qualifying for or participating in other federal, state or local programs.

(4)

Coordination of benefits. In the event an eligible target business is approved for a job creation incentive from the State of Florida, with which the county has a financial participation, any award under this article will be reduced by the county's participating amount in that program.

(Ord. No. 10-08, § 5, 5-25-10)

Sec. 22-26. - Application for economic development incentives.

(1)

Applications to the process are required and the application will consist of, but not be limited to, the following for Pasco County operation to be incented:

(a)

Company profile and background (type of business by NAICS Code);

(b)

Function of the operation;

(c)

Location of the operation;

(d)

Total acreage of site;

(e)

Approximate size, square footage (enclosed under-roof building structure);

(f)

Pasco County employment (current and projected new);

(g)

Total number, average wages, and titles of full-time employees;

(h)

Estimated Pasco County utilities usage;

(i)

Disclosure of environmental impacts.

(2)

Applications will be submitted through the staff of PEDC. In order to be eligible for any incentives pursuant to this article, application must be received by the staff of PEDC prior to the submission of development application to the county, the purchase of an existing building or execution of a lease for a facility.

(3)

After the PEDC staff receives a complete application, they will have 30 days to prepare an incentive analysis. The PEDC staff will coordinate with the county administrator, or his designee, to perform an economic analysis and cost benefit analysis or other acceptable analysis techniques and comprehensive plan compliance review.

(4)

The incentive analysis will consist of the completed incentive application signed by an officer of the company requesting consideration under the ordinance and certifying the information contained within the application, an economic impact analysis or cost benefit analysis and calculation of the incentive award based on the application.

(5)

The county administrator or his designee will review and negotiate the terms of the economic incentive agreement with the company.

(6)

An agreement, acceptable to the county attorney, will be prepared and provided to the company. Upon execution by the company, the agreement will be presented to the Pasco County Board of County Commissioners for a decision on the approval of the economic incentive agreement with the company.

(Ord. No. 10-08, § 6, 5-25-10)

Sec. 22-27. - Payment of job creation incentive.

The economic incentive agreement shall specify how many jobs are to be created at what salary. The company will receive a job creation incentive for each job created and maintained as specified in the economic incentive agreement through the calendar year. By no later than February 15 of each calendar year, the company shall provide the county with a copy of the W-2 for each incented job and copies of all four quarterly state unemployment tax reports, form UCT-6. The company shall identify the positions which are incented that become vacant during the calendar year. The company shall identify the positions which are incented that become vacant during the calendar year, along with the date vacated and the date refilled. Should the position remain vacant for less than three months, the company will still be incented for the job created.

(Ord. No. 10-08, § 7, 5-25-10)

Secs. 22-28—22-40. - Reserved.