Sec. 49-50. - Applicability.

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. 2005-56, § 1)

Sec. 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.

(Ord. No. 2005-56, § 1)

Sec. 49-52. - Specific definitions.

When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise:

"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.

"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.

"Broadband" means high speed digital data rate transfer typically associated with digital data rates of ten megabits per second and higher; broadband is capable of accommodating all media, including voice, data, and video transfer.

"Customer premise equipment (CPE)" means the electronic equipment located on the premises of the end user required to support advanced broadband services.

"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.

"High impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community.

"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.

"Quality of service (QoS)" means those requirements which are determined by applications employed by the end user.

"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.

"Structured wiring" means the cable network located within a customer's premises that is required to deliver advanced broadband services.

"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. 2005-56, § 1; Ord. No. 2006-36, § 4)

Sec. 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

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 total cost incurred by the business to enable broadband services, including but not limited to: 1) charges assessed by the service provider for establishing and/or extending the service provider's broadband infrastructure, and 2) customer premise equipment and structured wiring required to support broadband services; and

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 project; 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.

(Ord. No. 2005-56, § 1)

Sec. 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.

(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 application described 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 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.

(Ord. No. 2005-56, § 1; Ord. No. 2008-46, § 4, 9-9-08)

Sec. 49-55. - 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 employee positions; and

c.

The newly created positions 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 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.

(3)

Be located within the boundary of the Immokalee 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 Collier County; and

b.

Creates a minimum of 20 new full-time employee positions; and

c.

The newly created positions pay an average wage equal to or greater than 150 percent of the county's current private-sector average wage; and

d.

Each application for program participation must have approval by the board of county commissioners.

(Ord. No. 2005-56, § 2)

Secs. 49-56—49-59. - Reserved.