HomeMy WebLinkAbout2016-002ORDINANCE NO. 2016-_M2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1100.04
(DEFINITIONS OF TERMS) OF CHAPTER 1100 (ECONOMIC DEVELOPMENT
AD VALOREM TAX EXEMPTION) OF THE CODE OF INDIAN RIVER COUNTY
TO REMOVE REFERENCES TO THE ENTERPRISE ZONE; AND PROVIDING
FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING
PROVISIONS, AND AN EFFECTIVE DATE.
WHEREAS, per Section 290.016, Florida Statutes, the Florida Enterprise Zone Act was
repealed on December 31, 2015; and
WHEREAS, once the Florida Enterprise Zone Act expired then local governments were
no longer permitted to authorize tax exemptions for business in the enterprise zone, unless the
business qualified as some other form of new business or expansion of an existing business
under the statute; and
WHEREAS, in order to be consistent with the Florida Statutes, Chapter 1100, Economic
Development Ad Valorem Tax Exemption, of the Code of Indian River County needs to be
amended to remove references to the Enterprise Zone,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authoritv.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special law,
for the purpose of protecting the public health, safety and welfare of the residents of the county.
The Board specifically determines that the enactment of this ordinance is necessary to protect
the health, safety and welfare of the residents of Indian River County.
Section 2. Legislative Findings.
The Board finds that the "Whereas" clauses above are true and correct, and hereby
incorporates such clauses as the legislative findings of the Board.
Section 3. Amendment of Section 1100.04 (Definitions of Terms) of Chapter 1100
(Economic Development Ad Valorem Tax Exemption).
New language indicated by underline, and deleted language indicated by
ORDINANCE NO. 2016- nng
Section 1100.04 (Definitions of Terms) of Chapter 1100 (Economic Development Ad Valorem
Tax Exemption) of the Code of Indian River County, Florida is hereby amended to read as
follows:
CHAPTER 1100. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION
Section 1100.04. Definitions of Terms
The following words, phrases, and terms shall have the meanings set forth below. To
the extent that such meanings incorporate provisions of Florida Statutes, such meanings
are intended to incorporate the provisions of Florida Statutes, as amended from time to
time:
(i) Enterprise zone. An area designated as an eRteFpFise zone puFsuaRt to F=.S—.§
298-0066. Reserved
(k) Expansion of an existing business.
(1) A business establishing ten (10) or more jobs to employ ten (10) or more
full-time employees in this county, which manufactures, processes, compounds,
fabricates, or produces for sale items of tangible personal property at a fixed location
and which comprises an industrial or manufacturing plant; or
(2) A business establishing twenty-five (25) or more jobs to employ twenty-
five (25) or more full-time employees in this county, the sales factor of which, as defined
in F.S. § 220.15(5), for the facility with respect to which it requests an exemption is less
than 0.50 for each year the exemption is claimed; provided that such business increases
operations on a site colocated with a commercial or industrial operation owned by the
same Business, resulting in a net increase in employment of not less than ten (10)
percent or an increase in productive output of not less than ten (10) percent; or
(3) Any business located in an eRteFPF*se— zone —or a brownfield area that
increases operations on a site colocated with a commercial or industrial operation
owned by the same business.
(p) New business.
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ORDINANCE NO. 2016- 002
(1) A business establishing ten (10) or more jobs to employ ten (10) or more
full-time employees in this county, which manufactures, processes, compounds,
fabricates, or produces for sale items of tangible personal property at a fixed location
and which comprises an industrial or manufacturing plant; or
(2) A business establishing twenty-five (25) or more jobs to employ twenty-
five (25) or more full-time employees in this county, the sales factor of which, as defined
in F.S. § 220.15(5), for the facility with respect to which it requests an exemption is less
than 0.50 for each year the exemption is claimed; or
(3) An office space in this county owned and used by a corporation newly
domiciled in this state; provided such office space houses fifty (50) or more full-time
employees of such corporation; provided that such Business or office first begins
operation on a site clearly separate from any other commercial or industrial operation
owned by the same business; or
(4) Any business located in a brownfield area that first
begins operation on a site clearly separate from any other commercial or industrial
operation owned by the same business.
Section 4. Codification. It is the intention of the Board of County Commissioners that the
provision of this ordinance shall become and be made part of the Indian River County Code,
and that the sections of this ordinance may be renumbered or re -lettered and the word
ordinance may be changed to section, article or such other appropriate word or phrase in order
to accomplish such intention.
Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by
such holding and shall remain in full force and effect.
Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board
of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 1 5thday of February,
2016, for a public hearing to be held on the 1 st day of March, 2016, at which time it was moved
for adoption by Commissioner 0'Bryan , seconded by
Commissioner Flescher , and adopted by the following vote:
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ORDINANCE NO. 2016- oo2
Chairman Bob Solari AYE
Vice -Chairman Joseph E. Flescher AYE
Commissioner Wesley S. Davis AVR
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 2nd day of
March, 2016.
ATTEST: Jeffrey R.
and ComptrolL__
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By: 20a
Bob Solari, Chairman
APPROVED AS TO FORM
AND LEGA SUF _
BY
DYLAN REINGOLD
COUNTY ATTORNEY
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
March, 2016.
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