Sec. 49-32. - Specific definitions.
Sec. 49-33. - Job creation investment program.
Sec. 49-35. - Program eligibility criteria.
Secs. 49-36—49-39. - Reserved.
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, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement.
(Ord. No. 03-60, § 1, 11-18-03)
The purposes of this article are to: (1) 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 fees, along with escalating relocation and expansion costs, associated with these projects; (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 businesses thus increasing and diversifying the county's tax base.
(Ord. No. 03-60, § 1, 11-18-03)
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 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.
(2)
"Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community.
(3)
"High impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community.
(3.1)
"Jobs" are limited to individual permanent legal residents of the United States who are employed in each new created position of employment at a primary location in Collier County, and as applicable maintained, as a result of the program.
(4)
"Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Agriculture as a multi-jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry 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, pursuant to F.S. §§ 290.001—290.016.
(5)
"Targeted industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. 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 businesses locating or expanding within the Rural Federal Enterprise Community.
(Ord. No. 03-60, § 1, 11-18-03; Ord. No. 2006-36, § 2)
Sec. 49-33. - Job creation investment program.
(a)
General requirements. Pursuant to the provisions set forth in this section, the county establishes a job creation investment program for the payment of costs associated with the relocation and/or expansion of targeted projects, including but not limited to relocation costs, company sponsored day care facilities, land improvement costs, and/or existing facility improvements. These projects may include commercial, industrial, and technology park land uses.
(b)
Application process. Any person seeking eligibility and payment through the job creation investment program will file with the county manager an application for payment prior to making the decision to locate or expand within Collier County. The application must contain the following:
(1)
The name and address of the business owner; and
(2)
A current and complete legal description of the site upon which the project is proposed to be located; and
(3)
The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and
(4)
The number of full-time jobs to be created and, if applicable, retained as a result of the project; and
(5)
The average wage of those jobs created and retained; and
(6)
The total capital investment of the expansion or relocation project, including land, building, and equipment costs; and
(7)
The date (month and year) when the new jobs will be in place.
If the proposed project meets the requirements for payment under the job creation investment program as set forth in this article, the county manager is authorized to enter into an agreement with the business owner. After the specified new jobs are in place within the predetermined time frame, the company will complete and submit to the county manager a request for funds, along with documentation that the stated jobs are in place. At the beginning of each county fiscal year, following the date the newly created jobs are in place and verified by the county manager, general revenue funds will be set aside under the job creation investment program.
(Ord. No. 03-60, § 1, 11-18-03)
(a)
Under this job creation investment program, the eligible company located within Eastern Collier County may be awarded $2,000.00 per new full-time job created, with a minimum of ten new full-time jobs to be created; or the eligible company may be awarded $3,000.00 per full-time job created if the project is located within the enterprise community, with a minimum of five new jobs created; or, as approved by the sole discretion of the board, a company may be awarded $2,000.00 per job created within a high impact area, with a minimum of 20 new jobs created. Any award under this program is subject to funding availability. If a company also participates in the State of Florida Qualified Targeted Industry (QTI) tax incentive program, and is approved to participate in this job creation investment program, the company will be eligible for only $1,000.00 per new job created regardless of its location within Collier County. The funds will be paid, based on the number of new full-time jobs created, in equal amounts over a three-year time period.
(b)
The eligible business under the job creation investment program will enter into a job creation investment program agreement (the agreement) with the county, and the agreement must provide for, as a minimum, the following and will include any provisions deemed necessary by the board to effectuate the provisions of this article:
(1)
The legal description of the development.
(2)
Neither the payment of funds, nor the agreement providing for the payment of funds, may be transferred, assigned, credited or otherwise conveyed from the property without prior written approval from the county.
(3)
In the event the non-county party is in default under the Agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may bring a civil action to enforce the agreement or declare that the grant funds are thence immediately due and payable. The board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid.
(4)
The agreement must be recorded in the official records of Collier County at no cost to the county.
(d)
Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued by a resolution of the board of county commission prior to this date.
(Ord. No. 03-60, § 1, 11-18-03; Ord. No. 2008-46, § 2, 9-9-08)
Sec. 49-35. - 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:
(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 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.
Creates a minimum of five new full-time 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 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.
(Ord. No. 03-60, § 1, 11-18-03)