Sec. 49-42. - Specific definitions.
Sec. 49-43. - Property tax stimulus program.
Sec. 49-45. - Program eligibility criteria.
Secs. 49-46—49-49. - 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. 03-62, § 1, 11-18-03)
The purpose of this article is to: (1) provide a performance-based program offering financial assistance for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising 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 companies thus increasing and diversifying the County's tax base.
(Ord. No. 03-62, § 1, 11-18-03)
Sec. 49-42. - Specific definitions.
When used in this article, the following terms have the meanings below, unless the context clearly indicates otherwise:
(1)
"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.
(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.
(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 companies locating or expanding within the Immokalee Rural Federal Enterprise Community.
(Ord. No. 03-62, § 1, 11-18-03; Ord. No. 2006-36, § 3)
Sec. 49-43. - Property tax stimulus program.
(a)
General requirements. Pursuant to the provisions set forth in this section, the county establishes a property tax stimulus program providing payments (hereinafter the "payment") to offset the costs associated with the relocation and/or expansion of targeted industries. The payment is a local option economic incentive for new or expanding businesses that may be approved at the sole discretion of the board subject to the criteria for such projects set forth below. The payments shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been assessed and included on the tax rolls of the calendar year preceding the effective date of the agreement specifically approving the business as eligible, as provided in section 49-44 herein.
(1)
Application process. Any business owner seeking eligibility through the property tax stimulus program (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 locate or expand within Collier County. The application must contain the following:
a.
The name and address of the business owner; and
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, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and
d.
The number of jobs to be created and retained as a result of the project; and
e.
The average wage of those jobs created and retained; and
f.
The total capital investment of the expansion or relocation project, including land, building, and equipment costs; and
g.
The date (month and year) when the project will be substantially complete.
(2)
Agreement. If the proposed project meets the requirements under the program as set forth in this article, the board may choose to approve participation by, and make payments to, a new or expanding business. No precedent shall be implied or inferred by such payments when made to a new or expanding business. Applications for participation will be considered by the board on a case-by-case basis for each application.
(Ord. No. 03-62, § 1, 11-18-03)
(a)
The eligible business will notify the county manager, in writing, when all of their employment obligations are met in year one and, in subsequent years, that their employment base is still viable, which is then verified by the county manager. The company will pay its tax bill in full to the tax collector's office annually on or before the date it is 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 property tax payment receipt to the county manager verifying all taxes have been paid in full and on time. 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.
(b)
No payment will be authorized for improvements to real property made or tangible personal property added before the board approves an initial agreement granting such payment, Additionally, payment will only be made based upon the amount of ad valorem taxes levied by the county, and then paid by the eligible business. The payment amount will not include the amount of any taxes or special assessments levied by a municipality, school district, or water management district, or to such taxes or special assessments levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the State Constitution. A project participating in the property tax stimulus program is not eligible to also participate in the fee payment assistance program that may be offered by the county.
(c)
Under this program, any payment approved may apply to 100 percent of the assessed value of all improvements to real property made by, or for the use of, a new business and of all tangible personal property of such new business, or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business, and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business. The payment period may be up to ten years from the date of issuance of the first certificate of occupancy for a building occupied by an eligible business.
(d)
All approved businesses under the property tax stimulus program will enter into a property tax stimulus program agreement (the agreement) with the county, and the agreement must provide for, at a minimum, the following and will include such provisions deemed necessary by the board to effectuate the provisions of this article:
(1)
The legal description of the project.
(2)
Neither the requirement for payment of ad valorem property taxes, nor the agreement providing for the payment of such taxes, may be transferred, assigned, credited, or otherwise conveyed separate from the property without prior written approval from the county.
(3)
Approved agreements will run with the land, and will 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 otherwise eligible to be paid under this program will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full.
(f)
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 criteria.
(Ord. No. 03-62, § 1, 11-18-03; Ord. No. 2008-46, § 3, 9-9-08)
Sec. 49-45. - 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.
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.
(Ord. No. 03-62, § 1, 11-18-03; Ord. No. 04-24, § 3)