§ 16-103. Economic development mitigation program.

(a)

Because the imposition of the road impact fees herein may place the county in a non-competitive position with other local governments that have chosen not to impose road impact fees and thus hinder efforts by the county and the community to:

(1)

Encourage economic development opportunities within the county;

(2)

Create permanent employment expansion opportunities for the county's citizens; and

(3)

Encourage new or expanded businesses within the county to help reverse the daily commute out of the county, there is hereby created an economic development impact fee mitigation program for certain qualified target industry (QTI) businesses to mitigate any real or perceived disadvantage occurring from the imposition of the road impact fees.

(b)

To be eligible for an economic development impact fee mitigation, the road impact construction must be intended to house a QTI business, as defined in Section 288.106, Florida Statutes, which will create a minimum of ten (10) new permanent jobs or a ten (10) per cent increase in existing employment (whichever is greater) with each job paying (excluding benefits) at least one hundred fifteen (115) per cent of the county's then applicable average private sector wage, as determined by Enterprise Florida, or its statutory successor. For the purposes of this section, a permanent job means any filled full-time job position offered by the QTI business, new to the county and located at the QTI road impact construction, that is reasonably expected to exist for a period of more than one (1) year from the date such position is available to a prospective employee and which position is continuously filled by the developer except for customary periods to advertise, interview and hire new employees.

(c)

Any QTI business seeking economic development impact fee mitigation shall file an application for mitigation with the impact fee coordinator prior to requesting electrical power clearance for the subject QTI road impact construction, or in the case of occupied spec construction, the application shall be submitted prior to the request for electrical power clearance for the built out spec space. The application shall contain:

(1)

A designation of the road impact construction for which the application is being submitted, including a current and complete legal description of the property upon which the QTI business is proposed to be located;

(2)

The name and address of the owner of the property upon which the QTI business is proposed to be located;

(3)

Proof that the road impact construction will house a QTI business;

(4)

A notarized affidavit and all necessary supporting evidence affirming that the requirements of subsection (b) above will be met within one (1) year of the date electrical power clearance is issued; and

(5)

Other necessary information as determined by the impact fee coordinator; provided that the name of the QTI business is not required to be disclosed.

(d)

If the road impact construction meets the requirements provided above for mitigation, the road impact construction shall be eligible to receive economic development impact fee mitigation equal to one hundred (100) per cent of the road impact fee.

(e)

Any applicant who submits an application for economic development impact fee mitigation pursuant to this section and who desires immediate electrical power clearance prior to the execution of an economic development impact fee mitigation agreement shall pay the road impact fees imposed herein at the time of requesting electrical power clearance. Any difference between the amount paid and the amount due, should the impact fee coordinator approve and accept the application, shall be refunded to the applicant or entity that made the payment.

(f)

If the impact fee coordinator finds that the road impact construction meets the requirements provided herein for mitigation, the impact fee coordinator shall prepare an economic development road impact fee mitigation agreement (the "mitigation agreement") which shall contain, but not be limited to, the county impact fee mitigation application for QTI businesses and any other documents as requested by the impact fee coordinator. The mitigation agreement shall include provisions imposing a lien on the road impact construction in the amount of the road impact fees mitigated pursuant to the agreement for a period of five (5) years; provided, however, that such lien shall be subordinate to any acquisition and development loan incurred by the owner or the QTI business and to all liens for taxes and other governmental liens and assessments.

(g)

The county manager is hereby authorized to execute the mitigation agreement on behalf of the county. The owner and an authorized principal of the QTI business shall execute the mitigation agreement. The mitigation agreement shall be accepted by the county in lieu of prompt payment of the road impact fees that would otherwise be due and payable but for the mitigation agreement. The mitigation agreement shall provide for, at a minimum, the following, and shall further include such provisions deemed necessary by the county to effectuate the provisions of this section:

(1)

The mitigated road impact fees shall be a lien on the QTI road impact construction for a period of five (5) years from the date electrical power clearance is obtained. The lien may be foreclosed upon in the event of noncompliance with the requirements of the mitigation agreement. The lien shall terminate upon the expiration of the five-year period if the mitigation agreement is not in default, or upon payment of the lien following a sale or transfer of the QTI road impact construction as provided herein. Such termination of the lien shall be evidenced by the recording of a release or satisfaction of lien in the public records of the county. Such release shall be recorded upon payment in full.

(2)

At a minimum, the permanent jobs described in 16-103(b) must be in place no later than one (1) year following electrical power clearance for the QTI road impact construction.

(3)

The mitigation agreement shall be in default if the permanent jobs described in 16-103(b), once in place, are not maintained for the balance of the five-year deferral period; and/or all ad valorem and intangible personal property taxes due from the QTI road impact construction are not timely paid.

(4)

The mitigation agreement providing for the mitigation of road impact fees shall not be transferred, assigned, credited or otherwise conveyed from the road impact construction. The mitigation agreement shall run with the land.

(5)

In the event the owner and/or the QTI business is in default under the mitigation agreement, and the default is not cured within thirty (30) days after written notice is provided to the owner and the QTI business, the commission may at its sole option bring a civil action to enforce the mitigation agreement or declare that the mitigation agreement is in default and that the mitigated road impact fees are immediately due and payable. The commission shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the mitigation agreement plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. In the event the county initially funded the mitigated road impact fee for the QTI impact fee construction from other available county revenues, the deferred road impact fees collected upon a breach of the mitigation agreement will be used to repay such county funds.

(6)

The mitigation agreement shall be binding upon the owner and/or the QTI business's successors and assigns.

(7)

The mitigation agreement shall be recorded in the official records of the county.

(h)

All road impact fees deferred at the time electrical power clearance was issued shall become due and payable upon the first occurrence of any sale or transfer of the QTI road impact construction if such sale or transfer occurs within five (5) years of the date of electrical power clearance for the QTI business road impact construction.

(1)

All such mitigated road impact fees shall be immediately paid in full to the county no later than the closing date of the sale or the effective date of the transfer. In the event the county initially funded the mitigated road impact fees for the QTI road impact construction from other available county revenues, the mitigated road impact fees collected upon sale or transfer of the QTI business road impact construction will be used to repay such county funds.

(2)

Repayment shall include any accrued interest. Interest shall be computed at the prevailing prime interest rate established for commercial lenders within the county not to exceed the maximum rate of interest permitted by law.

(3)

The mitigated road impact fees shall be forgiven upon the fifth anniversary of the date of electrical power clearance if the mitigation agreement is not in default or the QTI road impact construction is not sold or transferred within the referenced five-year period.

(i)

The amount of the road impact fees shall not be increased to replace any revenue lost due to any mitigation approved pursuant to this section. Any mitigation approved pursuant to this section shall be funded by other legally available county revenues, other than road impact fees; provided, however, that the funds advanced by the county to pay road impact fees for QTI road impact construction pursuant to this section are subject to repayment from funds collected upon sale or transfer of said QTI road impact construction prior to the expiration of the five-year deferral period or upon a breach of the mitigation agreement.

(Ord. No. 2008-11, Art. III, § 3.03, 2-26-08; Ord. No. 2008-30, Art. III, § 3.03, 7-22-08; Ord. No. 2017-30, Art. III, § 3.03, 9-26-17)