HomeMy WebLinkAboutItem #15 Resolution Calling for a Municipal referendum on Tax Abatement c of Good L1
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AGENDA ITEM COVER SHEET
Meeting Date: November 15, 2011
Item # 15
Reviewed By:
Contact Name: Russ Wagner 4 • Department Director:
Contact Number: (407) 905 -3157 City Manager: ,/ /'
Subject: Resolution Calling for a Municipal Referendum on Tax Abatement
Background Summary:
In order to expand the ability of local governments to offer economic incentives to expand jobs within the state,
the Florida Legislature passed an enabling bill that became effective on July 1, 2011. This bill provides a means
for individual local governments to grant ad valorem tax exemptions to certain business entities which create
higher wage jobs within their jurisdiction. In order to have the legal authority to consider such tax exemptions,
the law requires that a local referendum be held by each local government that seeks approval of this option.
Passage of the attached resolution is the first step to get the issue before the voters of the City of Ocoee for
their consideration.
Orange County has already resolved to place this referendum issue on the 2012 Presidential Preference
Primary Ballot scheduled for January 31, 2012. This is the same date scheduled for the Ocoee Municipal
Election. Seeking the authority of the voters to pursue targeted business tax exemptions will level the playing
field and permit the Mayor and City Commissioners to consider offering competitive tax incentives to certain
businesses to attract higher paying jobs to our community. Significantly more detail regarding this issue is
contained in the attachments to this staff report.
Issue:
Should the Mayor and City Commissioners call for a referendum to seek authority to grant economic
development ad valorem tax exemptions?
Recommendations
Staff respectfully requests that the Mayor and City Commissioners adopt a resolution calling for a referendum to
be presented to the City of Ocoee electorate to consider ad valorem tax exemptions to promote economic
development.
Attachments:
• Resolution Calling a Municipal Referendum on an Economic Development Ad Valorem Tax Exemption
• The 2011 Florida Statutes Title XIV Chapter 196.1995, Economic Development Ad Valorem Tax
Exemption
• Final Bill Analysis — Bill #CS /CS /HB287
• Qualified Targeted Industries for Incentives
• State of Florida — Incentives Average Wage Requirements
Financial Impact:
To be determined upon consideration of individual tax exemption applications.
Type of Item: (please mark with an `k')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
X Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
2
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
CALLING A REFERENDUM ON AN ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTION TO BE
PLACED ON THE 2012 PRESIDENTIAL PREFERENCE
PRIMARY ELECTION BALLOT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 196.1995, Florida Statutes authorizes municipalities to grant certain
economic development tax exemptions under Section 3, Article VII of the Florida Constitution if
the governing authority of the municipality votes to hold a referendum within its total
jurisdiction to determine whether it may grant such economic development ad valorem tax
exemptions; and
WHEREAS, the City Commission of the City of Ocoee, Florida (the ``City
Commission ") desires to create incentives for new businesses to locate in the corporate limits of
the City of Ocoee and to facilitate the expansion of existing businesses in the City of Ocoee; and
WHEREAS, the City Commission desires to call a referendum pursuant to Section
196.1995, Florida Statutes (2010), as amended by Chapter 2011 -182, Laws of Florida, in order to
determine whether it should be granted the authority to exempt, for a period of time of up to ten
years, by ordinance up to 100% of the assessed value of all improvements to real property and of
all tangible personal property made by or for the use of a new business or up to 100% of the
assessed value of all added improvements to real property made to facilitate the expansion of an
existing business and the net increase in all tangible personal property acquired to facilitate such
expansion of an existing business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Authority. The City Commission of the City of Ocoee has the authority to adopt
this Resolution pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166,
Florida Statutes., and Section 196.1995, Florida Statutes.
Section 2. Referendum Called. That a referendum is hereby called pursuant to Section
196.1995, Florida Statutes, and the Orange County Supervisor of Elections is hereby directed to
4816- 2640 - 0013.1
present the proposed economic development tax exemption to the City of Ocoee electorate and
place the below - described ballot question on the Ballot of the 2012 Presidential Preference
Primary Election. The City Commission further authorizes the cost of such referendum as well
as the cost of communicating factual information regarding the exemption to the public, to the
extent permitted by Section 106.113, Florida Statutes, to be paid from the general funds of the
City and directs the City Manager and Director of Finance to prepare and effect such budget
transfers as may be necessary for that purpose.
Section 3. Ballot Title and Question. The substance of the title and measure on the ballot
shall read as follows:
Title:
AUTHORITY TO GRANT LIMITED PROPERTY TAX
EXEMPTIONS FOR QUALIFIED BUSINESSES THAT CREATE
NEW JOBS.
Question:
Shall the City Commission of the City of Ocoee be authorized to
grant, pursuant to Section 3, Article VII of the State Constitution,
property tax exemptions for new businesses and expansions of
existing businesses that are expected to create new, full -time jobs
in the City of Ocoee?
Yes - For authority to grant exemptions
No - Against authority to grant Exemptions
The ballot question shall also appear on the ballot in Spanish, and the city manager, the city
attorney, and the supervisor of elections are requested, authorized and directed to prepare or
obtain an accurate and appropriate Spanish translation of the above and to include it on the
ballots distributed to city voters.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of
this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
4816 - 2640- 0013.1
Section S. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this day of November, 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of November 2011.
FOLEY & LARDNER LLP
By:
City Attorney
3
4816 - 2640- 0013.1
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 4
Select Year: 20111■11 Go — 1
The 2011 Florida Statutes
Title XIV Chapter 196 View Entire Chapter
TAXATION AND FINANCE EXEMPTION
1 196.1995 Economic development ad valorem tax exemption. —
(1) The board of county commissioners of any county or the governing authority of any municipality
shall call a referendum within its total jurisdiction to determine whether its respective jurisdiction may
grant economic development ad valorem tax exemptions under s. 3, Art. VII of the State Constitution if:
(a) The board of county commissioners of the county or the governing authority of the municipality
votes to hold such referendum;
(b) The board of county commissioners of the county or the governing authority of the municipality
receives a petition signed by 10 percent of the registered electors of its respective jurisdiction, which
petition calls for the holding of such referendum; or
(c) The board of county commissioners of a charter county receives a petition or initiative signed by
the required percentage of registered electors in accordance with the procedures established in the
county's charter for the enactment of ordinances or for approval of amendments of the charter, if less
than 10 percent, which petition or initiative calls for the holding of such referendum.
(2) The ballot question in such referendum shall be in substantially the following form:
Shall the board of county commissioners of this county (or the governing authority of this municipality,
or both) be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax
exemptions to new businesses and expansions of existing businesses that are expected to create new,
full -time jobs in the county (or municipality, or both)?
Yes —For authority to grant exemptions.
No— Against authority to grant exemptions.
(3) The board of county commissioners or the governing authority of the municipality that calls a
referendum within its total jurisdiction to determine whether its respective jurisdiction may grant
economic development ad valorem tax exemptions may vote to limit the effect of the referendum to
authority to grant economic development tax exemptions for new businesses and expansions of existing
businesses located in an enterprise zone or a brownfield area, as defined in s. 376.79(4). If an area
nominated to be an enterprise zone pursuant to s. 290.0055 has not yet been designated pursuant to s.
290.0065, the board of county commissioners or the governing authority of the municipality may call
such referendum prior to such designation; however, the authority to grant economic development ad
valorem tax exemptions does not apply until such area is designated pursuant to s. 290.0065. The ballot
question in such referendum shall be in substantially the following form and shall be used in lieu of the
ballot question prescribed in subsection (2):
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Shall the board of county commissioners of this county (or the governing authority of this municipality,
or both) be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax
exemptions for new businesses and expansions of existing businesses that are located in an enterprise
zone or a brownfietd area and that are expected to create new, full -time jobs in the county (or
municipality, or both)?
Yes —For authority to grant exemptions.
No— Against authority to grant exemptions.
(4) A referendum pursuant to this section may be called only once in any 12 -month period.
(5) Upon a majority vote in favor of such authority, the board of county commissioners or the
governing authority of the municipality, at its discretion, by ordinance may exempt from ad valorem
taxation up 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, provided that the improvements to real property are made or the
tangible personal property is added or increased on or after the day the ordinance is adopted. However,
if the authority to grant exemptions is approved in a referendum in which the ballot question contained
in subsection (3) appears on the ballot, the authority of the board of county commissioners or the
governing authority of the municipality to grant exemptions is limited solely to new businesses and
expansions of existing businesses that are located in an enterprise zone or brownfietd area. Property
acquired to replace existing property shall not be considered to facilitate a business expansion. The
exemption applies only to taxes levied by the respective unit of government granting the exemption.
The exemption does not apply, however, to taxes levied for the payment of bonds or to taxes authorized
by a vote of the electors pursuant to s. 9(b) or s. 12, Art. VII of the State Constitution. Any such
exemption shall remain in effect for up to 10 years with respect to any particular facility, regardless of
any change in the authority of the county or municipality to grant such exemptions. The exemption shall
not be prolonged or extended by granting exemptions from additional taxes or by virtue of any
reorganization or sale of the business receiving the exemption.
(6) With respect to a new business as defined by s. 196.012(15)(c), the municipality annexing the
property on which the business is situated may grant an economic development ad valorem tax
exemption under this section to that business for a period that will expire upon the expiration of the
exemption granted by the county. If the county renews the exemption under subsection (7), the
municipality may also extend its exemption. A municipal economic development ad valorem tax
exemption granted under this subsection may not extend beyond the duration of the county exemption.
(7) The authority to grant exemptions under this section expires 10 years after the date such
authority was approved in an election, but such authority may be renewed for subsequent 10 -year
periods if each 10 -year renewal is approved in a referendum called and held pursuant to this section.
(8) Any person, firm, or corporation which desires an economic development ad valorem tax
exemption shall, in the year the exemption is desired to take effect, file a written application on a form
prescribed by the department with the board of county commissioners or the governing authority of the
municipality, or both. The application shall request the adoption of an ordinance granting the applicant
an exemption pursuant to this section and shall include the following information:
(a) The name and location of the new business or the expansion of an existing business;
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(b) A description of the improvements to real property for which an exemption is requested and the
date of commencement of construction of such improvements;
(c) A description of the tangible personal property for which an exemption is requested and the
dates when such property was or is to be purchased;
(d) Proof, to the satisfaction of the board of county commissioners or the governing authority of the
municipality, that the applicant is a new business or an expansion of an existing business, as defined in
s. 196.012(15) or (16);
(e) The number of jobs the applicant expects to create along with the average wage of the jobs and
whether the jobs are full -time or part -time;
(f) The expected time schedule for job creation; and
(g) Other information deemed necessary or appropriate by the department, county, or municipality.
(9) Before it takes action on the application, the board of county commissioners or the governing
authority of the municipality shall deliver a copy of the application to the property appraiser of the
county. After careful consideration, the property appraiser shall report the following information to the
board of county commissioners or the governing authority of the municipality:
(a) The total revenue available to the county or municipality for the current fiscal year from ad
valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be
determined;
(b) Any revenue lost to the county or municipality for the current fiscal year by virtue of exemptions
previously granted under this section, or an estimate of such revenue if the actual revenue lost cannot
be determined;
(c) An estimate of the revenue which would be lost to the county or municipality during the current
fiscal year if the exemption applied for were granted had the property for which the exemption is
requested otherwise been subject to taxation; and
(d) A determination as to whether the property for which an exemption is requested is to be
incorporated into a new business or the expansion of an existing business, as defined in s. 196.012(15) or
(16), or into neither, which determination the property appraiser shall also affix to the face of the
application. Upon the request of the property appraiser, the department shall provide to him or her
such information as it may have available to assist in making such determination.
(10) In considering any application for an exemption under this section, the board of county
commissioners or the governing authority of the municipality must take into account the following:
(a) The total number of net new jobs to be created by the applicant;
(b) The average wage of the new jobs;
(c) The capital investment to be made by the applicant;
(d) The type of business or operation and whether it qualifies as a targeted industry as may be
identified from time to time by the board of county commissioners or the governing authority of the
municipality;
(e) The environmental impact of the proposed business or operation;
(f) The extent to which the applicant intends to source its supplies and materials within the
applicable jurisdiction; and
(g) Any other economic - related characteristics or criteria deemed necessary by the board of county
commissioners or the governing authority of the municipality.
(11) An ordinance granting an exemption under this section shall be adopted in the same manner as
any other ordinance of the county or municipality and shall include the following:
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(a) The name and address of the new business or expansion of an existing business to which the
exemption is granted;
(b) The total amount of revenue available to the county or municipality from ad valorem tax sources
for the current fiscal year, the total amount of revenue lost to the county or municipality for the
current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect,
and the estimated revenue loss to the county or municipality for the current fiscal year attributable to
the exemption of the business named in the ordinance;
(c) The period of time for which the exemption will remain in effect and the expiration date of the
exemption, which may be any period of time up to 10 years; and
(d) A finding that the business named in the ordinance meets the requirements of s. 196.012(15) or
(16).
(12) Upon approval of an application for a tax exemption under this section, the board of county
commissioners or the governing authority of the municipality and the applicant may enter into a written
tax exemption agreement, which may include performance criteria and must be consistent with the
requirements of this section or other applicable laws. The agreement must require the applicant to
report at a specific time before the expiration of the exemption the actual number of new, full -time
jobs created and their actual average wage. The agreement may provide the board of county
commissioners or the governing authority of the municipality with authority to revoke, in whole or in
part, the exemption if the applicant fails to meet the expectations and representations described in
subsection (8).
History. —s. 2, ch. 80 -347; s. 1, ch. 83 -141; s. 30, ch. 84 -356; s. 11, ch. 86 -300; s. 1, ch. 90 -57; s. 68, ch. 94-136; s. 1477,
ch. 95 -147; s. 57, ch. 95 -280; s. 110, ch. 99 -251; s. 5, ch. 2006 -291; s. 3, ch. 2010-147; s. 2, ch. 2011 -182.
1 Note.— Section 3, ch. 2011 -182, provides that "[t]his act shall take effect July 1, 2011, and shall apply only to exemptions
from ad valorem taxation granted pursuant to referenda held on or after July 1, 2011, under the provisions of s. 196.1995(1),
Florida Statutes."
Copyright ®1995 -2011 The Florida Legislature • Privacy Statement • Contact Us
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FINAL BILL ANALYSIS
BILL #: CS /CS /HB 287 FINAL HOUSE FLOOR ACTION:
116 Y's 0 N's
SPONSOR: Rep. Eisnaugle GOVERNOR'S ACTION: Approved
COMPANION BILLS: CS /SB 506
SUMMARY ANALYSIS
CS /CS /HB 287 passed the House on May 2, 2011, and subsequently passed the Senate on May 5,
2011. The bill was approved by the Governor on June 21, 2011, chapter 2011 -182, Laws of Florida,
and becomes effective July 1, 2011. The bill provides flexibility to local governments to authorize
economic development ad valorem tax exemptions.
In 1980, the Florida electorate approved a constitutional amendment that allows local governments to
grant economic development ad valorem tax exemptions (exemptions) following voter referendums, to
new or expanding businesses. Authority to issue these exemptions are valid for ten years and may be
renewed through a succeeding referendum. Exemptions are issued by ordinance at the discretion of
the board of county commissioners or a municipal governing authority.
The bill revises and modifies the definition of "new business" and "expansion of an existing business" to
include qualifying "organizations." The bill provides that any new jobs created by an eligible business
or organization must pay a wage above the average wage of the locality. Further, eligibility is
expanded to include Qualified Target Industry businesses.
The bill prescribes criteria for counties or municipalities to consider when reviewing applications for
exemption and allows local governments to enter into a written agreement with the applicant to cover
additional details or requirements.
The bill clarifies that counties and municipalities can authorize these new qualifications for exemptions
pursuant to a voter approved referendum held after July 1, 2011.
The Revenue Estimating Conference estimated that this bill will have a negative indeterminate impact
on local government revenues if local governments choose, after a locally approved voter referendum,
to provide these additional exemptions.
This document does not reflect the intent or official position of the bill sponsor or House of
Representatives.
Page 1 1
I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Issue Background
Property Tax Assessments
Unless an exception or exemption is provided, all real and personal property in Florida is subject
to ad valorem taxes (taxes based on the value of that property). As prescribed by the Florida
Constitution, counties, municipalities, and other local governmental entities have the exclusive
right to assess ad valorem taxes on real estate and tangible personal property.'
There are a number of ad valorem tax exemptions permitted under Article VII, sections 3 and 6,
of the State Constitution. These exemptions include but are not limited to exemptions for
charitable, religious, or literary properties, homesteads, tangible personal property, and for
economic development purposes. In addition, ch. 196, F.S., establishes other ad valorem tax
exemptions not found in the State Constitution but enacted through general law.
For ad valorem tax purposes, the State Constitution requires property to be assessed at just
value. Property appraisers determine a property's just valuation using certain requirements
provided under s. 193.011, F.S. In addition to these requirements, the State Constitution
establishes caps for millage rates and limits for certain classes of property, and the amount by
which the assessed value may increase in a given year. After calculating the assessed value
of the property, the appraiser subtracts the value of any exemptions to determine the taxable
value. Generally, tax on real and tangible personal property is assessed annually on January
1s Property owners receive their tax bills in November and payment is due by March 31b' of the
following year.
Ad Valorem Tax Exemptions for Economic Development
In 1980, the Florida electorate approved a state constitutional amendment that empowers local
governments to grant economic development ad valorem tax exemptions (exemptions) to new
or expanding businesses. The amendment was adopted during a time of economic weakness
and high unemployment. The purpose of the amendment was to provide county and municipal
governments with an additional tool that would encourage job growth and counteract
recessionary pressures in local economies. In order to implement the constitutional
amendment, statutory provisions were created to define the eligibility requirements for new or
expanding businesses and to provide a process by which local governments can issue
exemptions for economic development purposes.
' Fla. Const. VII.
2 The definitions and enabling language for these exemptions are contained in ch. 196, F.S.
3 Fla. Const. art VII, s. 9.
' Fla. Const. art. VII, s. 4.
5 Senate Joint Resolution No. 9 -E was adopted as Article VII, section 3(c) of the Florida Constitution.
6 Section 196.012(15 -16), F.S., defines "new business" and "expansion of new business ". Section 196.1995, F.S establishes
requirements for the issuance of ad valorem tax exemptions for economic development purposes.
Page 12
Eligibility
Under current law, eligibility is established through the definitions of "new business" and
"expansion of an existing business ".
In general, an eligible new business is defined as a:
• Manufacturer that creates 10 or more jobs in Florida;
• Business that creates 25 or more jobs and has a sales factor of less than .50 (the
business derives less than half of its total sales from Florida);
• Corporation newly domiciled in Florida that opens an office with at least 50 employees;
• Business that begins operations in an enterprise zone or brownfield area; and a
• Business situated on property annexed into a municipality and that, at the time of
annexation, is receiving an ad valorem tax exemption from the county under s.196.1995,
F.S.
An eligible expansion of an existing business is generally defined as a:
• Manufacturer that creates 10 or more jobs in Florida;
• Business that creates 25 or more jobs and has a sales factor of less than .50 (the
business derives less than half of its total sales from Florida) provided that the business
increases net employment or output by at least 10 percent at the expanding facility; and
• Business that expands operations in an enterprise zone or brownfield area.
Referendum Process
The State Constitution allows a county or municipality to hold a referendum to determine if such
county or municipality will have the authority to issue exemptions.' A referendum on the
question is required if one of the following occurs:
• The board of county commissioners or municipal governing authority votes to hold the
referendum; or
• The board of county commissioners or municipal governing authority receives a petition
signed by 10 percent of the registered electors that calls to hold the referendum.
A county or municipal referendum on this issue must use the specific ballot question that is
provided in s. 196.1995 (2), F.S. However, if the board of county commissioners or municipal
governing authority votes to limit the ballot question to an enterprise zone or a brownfield area,
then a specific ballot question provided in s. 196.1995(3), F.S., is used. A referendum may be
called only once in any 12 -month period. Once approved, the authority to grant exemptions is
valid for ten years and may be renewed through a succeeding referendum."
' Fla. Const. art. VII, s. 3(c).
o Section 196.1995(1)(a)(b), F.S.
o Section 196.1995(3), F.S.
t0 Section 196.1995(4), F.S.
11 Fla. Const. art. VII, s. 3(c) and s. 196.1995(7), F.S.
Page 1 3
Issuing an Exemption
In any county or municipality that is authorized by its electors to grant exemptions for economic
development purposes, the State Constitution requires the issuance of the exemption to be
done by ordinance.' Prior to the board of county commissioners or municipal governing
authority approving an exemption by ordinance, the property appraiser must provide the board
or governing authority a fiscal analysis that includes the following: the total revenue from all ad
valorem tax sources, the total revenue lost due to previously granted exemptions, and the fiscal
impact of the proposed ordinance. In addition, the appraiser must determine that the applicant
has met all eligibility requirements.'''
An ordinance granting an exemption must be adopted in the same manner as any other
ordinance and include the name and location of the business, the expiration date of the
exemption, and the findings of the property appraiser.
The board of county commissioners or municipal governing authority, at its discretion, by
ordinance may exempt ad valorem taxes for new or expanding businesses. For a new
business, up to 100 percent of the assessed value of the following is exempt":
• Improvements to real property made by or for the use of the new business; and
• Tangible personal property of the new business.
For the expansion of existing business, up to 100 percent of the assessed value of the following
is exempt: 15
• Improvements to real property made to facilitate the expansion of an existing business;
and
• Total net increase in all tangible personal property acquired to facilitate an expansion.
The exemption does not apply to taxes levied for the payment of bonds or taxes authorized by
referendum."
Application for an Exemption
An applicant must submit a written application to the board of county commissioners or
municipal governing authority in the year the ad valorem tax exemption is desired to take effect.
Section 196.1995(8), F.S., requires the following: the name and location of the business, a
description and construction date of improvements to real property, a description and purchase
date of eligible tangible personal property, proof of eligibility as defined by s. 196.012(15 -16),
F.S., and any other information deemed necessary by the Department of Revenue
(Department).
12 Fla. Const. art. VII, s. 3(c).
13 Section 196.1995 (9)(a -c), F.S.
14 Section 196.1995 (9)(d), F.S.
15 Section 196.1995 (10), F.S.
16 Opinions issued by the Office of the Attomey General indicate that counties and municipalities have broad discretion in
approving or
not approving an applicant. See: Advisory Legal Opinions AGO 81-46 and AGO 84 -89.
17 Section 196.1995(5), F.S.
19 Section 196.1995(5), F.S.
19 Fla. Const. art. VII, ss. 9(b) and 12.
Page 1 4
Exemption Use
According to the Department, 15 counties are currently offering exemptions totaling
approximately $747.7 million. In addition, the Department indicated that 33 cities throughout the
state are currently offering $154.9 million in exemptions.
Location plays a role in the use of exemptions. According to county economic development
officials in Florida's panhandle, exemptions are more attractive in this part of the state due to the
proximity to Alabama and Georgia where similar exemptions are offered. This may, in part,
account for the high concentration of use in the northern part of the state.
Economic development ad valorem tax exemptions issued by county governments in 2010:
County Exemptions
Bay $232,133,541.00
Brevard $28,762,380.00
Calhoun $517,421.00
Dade $67,568,325.00
Escambia $279,392,755.00
Gulf $362,894.00
Hardee $27,542,457.00
Hendry $2,246,960.00
Jackson $49,419,465.00
Liberty $30,932,427.00
Madison $598,608.00
Palm Beach $7,424,114.00
St. Lucie $17,756,979.00
Santa Rosa $2,613,424.00
Washington $441,581.00
20 Alabama Taxes and Incentives. Economic Development Partnership of Alabama, July 2010. On file with House Economic
Development and Tourism Subcommittee.
21 Georgia Department of Revenue. httos: / /etax.dor.na.00v/ (last visited March 1, 2011). See: "freeport exemption" and "bond
lease
transaction."
Page 1 5
Includes exemptions under ss.196.1995, F.S.
Economic development ad valorem tax exemptions issued by municipal governments in 2010:
County City Exemptions
Bay Lynn Haven $3,807,978.00
Panama City $43,122,287.00
Brevard Cocoa $308,770.00
Melbourne $14,238,900.00
Palm Bay $1,580,720.00
Rockledge $1,024,310.00
Titusville $227,960.00
Dade Hialeah $4,694,901.00
Miami $31,283,502.00
Miami Beach $7,284,508.00
Miami Gardens $3,609,474.00
Miami Springs $1,184,696.00
Palmetto Bay $146,580.00
Escambia Pensacola $8,091,198.00
Hendry Clewiston $503,640.00
La Belle $193,900.00
Hernando Brooksville $4,552,157.00
Holmes Bonifay $277,180.00
Lee Fort Myers $1,293,033.00
Leon Tallahassee $2,221,482.00
Page 1 6
Osceola Kissimmee $333,600.00
Palm Beach Pahokee $103,870.00
St. Lucie Fort Pierce $820,100.00
Port St. Lucie $9,432,416.00
Sarasota Sarasota $252,400.00
Taylor Perry $287,880.00
Volusia Daytona Beach $9,279,779.00
Deland $680,296.00
Holy Hill $778,086.00
Orange City $1,492,211.00
Ormond Beach $1,525,775.00
South Daytona $293,751.00
Washington Sunny Hills $16,000.00
Includes exemptions under ss.196.1995, F.S., and 8.196.095, F.S.
Qualified Target Industries
Chapter 288.106, F.S., states the Legislature finds that retaining and expanding existing
businesses in the state, encouraging the creation of new businesses in the state, attracting new
businesses from outside the state, and generally providing conditions favorable for growth of
target industries creates high - quality, high -wage employment opportunities for residents of the
state and strengthens the state's economic foundation. Section 288.106(2), F.S., defines
"Qualified Target Industry Business" as a target industry business approved by the Governor's
Office of Tourism, Trade, and Economic Development (OTTED). This section further defines a
"target industry business" as either a corporate headquarters or any business that is engaged in
one of the target industries identified by the OTTED and Enterprise Florida (EFI) as meeting the
six statutory criteria in s. 288.106(2)(t), F.S.
The statutory criteria are as follows:
1. Future Growth- Industry forecasts should indicate expectations for strong future growth
in both employment and output, according to the most recent available data. Special
consideration should be given to businesses that export goods to, or provide services in,
Page 1 7
international markets and businesses that replace domestic and international imports of
goods or services.
2. Stability- The industry should be stable, not be subject to periodic layoffs, whether due to
seasonality or sensitivity to volatile economic variables such as weather, and relatively
resistant to recession, so that the demand for its products or services is not necessarily
subject to decline during an economic downturn.
3. High Wage- The industry should pay relatively high wages compared to statewide or
area salary averages.
4. Market and Resource Independent- The industry should be both market and resource
independent. In other words, the business should not be reliant on Florida consumers to
purchase its products or services in order to be profitable, nor should it rely on Florida
resources.
5. Industrial Base Diversification and Strengthening- The industry should contribute toward
diversifying, strengthening, or expanding the state's or area's economic base, as
indicated by analysis of employment and output shares compared to national and
regional trends. Special consideration should be given to industries that strengthen
regional economies by adding value to basic products, building regional industrial
clusters, or developing strong industrial clusters that include defense and homeland
security businesses.
6. Economic Benefits- The industry should have strong positive impacts on or benefits to
the state and regional economies.
The "target industry" list is published in EFI's annual Incentives Report and is attached to
OTTED's annual legislative budget request. Originally, the list of target industries was approved
by the Legislature, but since 1996 the list has been developed by OTTED, in consultation with
EFI and other stakeholders. The Legislature recently required that the list be reviewed, and if
appropriate, revised every third year. The 2011 targeted industry list was recently approved by
OTTED and includes six major categories; Cleantech, Life Sciences, Infotech,
Aviation /Aerospace, Homeland Security/Defense, and Financial /Professional Services. There is
also an "Emerging Technologies" category, which includes global Iogistics.
Specifically excluded as "target" industries are the following: any business engaged in retail
activities; any electrical utility company; any phosphate or other solid - minerals severance,
mining, or processing operation; any oil or gas exploration or production operation; or any
business subject to regulation by the state Division of Hotels and Restaurants. Implicitly
excluded is agriculture.
Changes Made By the Bill
The bill makes changes to the requirements for qualifying and issuing exemptions. Under the
proposed changes in the bill, eligibility is expanded, potentially allowing more businesses and
organizations to qualify for exemptions. The bill also establishes several accountability
measures, including authorizing local governments to establish binding contracts with approved
applicants that set the terms for qualifying and maintaining an exemption.
Eligibility
22 Qualified Target Industries for Incentives,
rtto:// www. eflorida. com /IntellioenceCenter/download /PSR/SI Targeted Industries.pdf
(accessed March 31, 2011)
Page 8
The bill revises the definitions for "new business" and "expansion of existing business" by
requiring businesses or organizations that establish 10 or more new jobs to also pay an average
wage for such new jobs that is above the average wage in the area. Further, the board of
county commissioners or municipal governing authority will have the option to incentivize not
only businesses that manufacture, process, compound, fabricate, or produce tangible personal
property, but also businesses or organizations that engage in Qualified Target Industry
operations pursuant to s. 288.106(2), F.S.
Enterprise Zones and Brownfields
The bill revises references to either business or organization activity in an enterprise zone or
brownfield area in s. 196.012(15), F.S., and s. 196.012(16), F.S. The revised definitions for
"new business" and "expansion of existing business" encompass either business or organization
activities in and outside an enterprise zone or brownfield area. This change will not prevent
business or organization activity in an enterprise zone or brownfield area from being eligible for
an exemption. Further, this revision will not preclude the board of county commissioners or
municipal governing authority from restricting exemptions to an enterprise zone or brownfield
area as prescribed in s. 196.1995(3), F.S.
Referendum Process
The bill amends s. 196.1995(1) (b), F.S., authorizing charter counties to set the threshold for
meeting the signature requirement at the percentage established in their county charter. The
percentage established in the county charter will be considered valid even if such percentage is
less than 10 percent.
Ballot Questions
The bill revises the statutorily required ballot questions in s. 196.1995(2 -3), F.S., to clarify to the
voter that any exemptions issued under s. 1996.1995, F.S., are expected to create new, full -
time jobs, in the county, municipality, or both.
Issuing an Exemption
In order to strengthen accountability, the bill modifies the application and approval process and
authorizes counties and municipalities to establish binding contracts with approved applicants.
Application for Exemption
The bill amends 196.1995(8), F.S., providing that an application include the following: the
expected number of new jobs, the average wage of such jobs, whether the jobs are full -time or
part-time, the expected time schedule for job creation, and any information deemed necessary
and appropriate by the county or municipality.
Approval Process
The bill amends s. 196.1995(10), F.S., establishing minimum economic criteria that must be
considered by the board of county commissioners or a municipal governing authority to before
issuing an exemption. In general, the minimum economic criteria are the following:
• The total number of net new jobs created by the applicant;
• The average wage of the new jobs;
• Capital investment made by the applicant;
• Whether the business or operation qualifies as an industry targeted by the locality;
Page 1 9
• The environmental impact of the proposed business or operation;
• Extent to which the applicant intends to source supplies and materials from the local
area; and
• Any other economic - related characteristics or criteria deemed to be necessary by the
county or municipality.
Further, the bill clarifies that an exemption may not to exceed ten years, as expressed in the
local ordinance granting an exemption.
Contract Agreement
The bill creates s. 196.1995(12), F.S., which authorizes the board of county commissioners or a
municipal governing authority to enter into a written tax agreement with approved applicants.
The written tax agreement may contain performance criteria and an option to revoke the
exemption if the applicant fails to meet expectations established s. 196.1995(8), F.S. However,
the written agreement must require the applicant to report, before the exemption expires, the
number of full -time jobs created and the average wage of such jobs.
The bill provides an effective date of July 1, 2011. The bill will only apply to exemptions granted
pursuant to referenda held on or after the effective date.
1I. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The Revenue Estimating Conference estimated that this bill will have a negative
indeterminate impact on local government revenues if local governments choose, after a
locally approved voter referendum, to provide these additional exemptions.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Eligibility standards provided in this bill may allow more businesses and organizations to benefit
from exemptions. The exemption is administered and approved at the local level; therefore, the
direct impact of this bill will vary greatly depending on the specific county or municipality.
Page 1 10
D. FISCAL COMMENTS:
None.
Page 1 11
orida QULIfIfD 1 INDUSTRIES fOR INCENTIVES
eflorida.com s.
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AVIATION/ HOMELAND FINANCIAL/
LIFE SCIENCES AEROSPACE SECURITY / PROFESSIONAL
DEFENSE SERVICES
Biomass & Biotechnology Modeling, Simulation AVIATION: EQUIPMENT: I INANCIAL SERVICES:
Binfuels Processing Pharmaceuticals and Training Aircraft and Aircraft Optical Instruments Banking
Energy Equipment Optics and Photonic' Parts Manufacturing
Navigation Aids Insurance
Manufacturing MEDICAL. DEVICES: Digital Media Maintenance Repair Ammunition Securities and
Energy Storage Laboratory and Software and Overhaul of Investments
Technologies Surgical Instruments Airtrafts Electronics
Electronics Navigation PROFESSIONAL.
Photovoltaic Diagnostic Testing Instrument ,tiNSVORTAIION:
Telecommunications SERVICES:
Environmental Manufacturing Ailitary Vehicles
Consulting Corporate
Flight Simulator :I+ipbuilding and Headquarters
Training Repair
Engineering
AEROSPACL: TECHNOLOGY: Legal
Space Vehicles and ; ►nputer Systems Accounting
" Guided Missile Design Consulting
Manufacturing
Simulation and
Satellite Training
= =_ . Communications
. Space Technologies
Laut I U +erat +nS
riiiilt;gls'
Global Logistics rood and Beverage
Marine Sciences Automotive and Marine
Materials Science Plastics and Rubber
Nanotechnology Machine Tooling
Businesses able to locate in other states and serving multi -state and /or international markets are targeted. Call Centers and Shared r)er
Centers may qualify for incentives if certain economic criteria are met. Retail activities, utilities, ruining and other extraction or processing
businesses, and activities regulated by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation are
statutorily excluded from consideration, All projects are evaluated on an individual basis and therefore operating in a target industry does not
automatically indicate eligibility,
For additional information about Florida's business advantages,
please visit Enterprise Florida's website at www.eflorida.com
or call 407.956.5600.
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t .! -',. Average Hourly 115% of Hourly 150 %o( Hourly 200% of Hourly
Annual Avg Annual Avg Annual Avg Annual
Wage Wage Wage Wage Wage Wage Wage Wage
LEE $35,471 $17.05 $40,792 $19.61 $53,207 $25.58 $70,942 534.11
LEON $35,846 $17.23 $41,223 $19,82 553,769 $25.85 $71,692 $34.47
LEVY $25,302 $12.16 $29,097 $13.99 $37,953 $18.25 $50,604 $24.33
LIBERTY $35,832 $17.23 $41,207 $19.81 $53,748 $25.84 $71,664 $34.45
MADISON $26,353 $12.67 $30,306 $14.57 $39,530 $19.00 $52,706 $25.34
MANATEE $33,448 $16.08 $38,465 518,49 $50,172 $24.12 $66,896 $32.16
MARION $31,630 $15.21 536,375 $17,49 547,445 522.81 563,260 530.41
MARTIN $37,729 518,14 543,388 520.86 556,594 527.21 575,458 $36.28
MIAMI -DADE $43,442 520.89 549,958 $24.02 $65,163 531.33 $86,884 541.77
MONROE $34,443 $16.56 $39,609 $19.04 $51,665 524.84 $68,886 $33.12
NASSAU 531,249 515.02 535,936 $17.28 $46,874 522.54 562,498 530.05
OKALOOSA $35,007 516.83 $40,258 $19.35 $52,511 525.25 $70,014 533.66
OKEECHOBEE 528,649 513.77 532,946 515.84 $42,974 520.66 557,298 $27.55
ORANGE 540,283 519.37 546,325 522.27 560,425 529.05 580,566 538.73
OSCEOLA 530,263 $14.55 534,802 $16.73 545,395 521.82 560,526 529.10
PALM BEACH 543,998 521.15 550,598 $24.33 $65,997 531.73 587,996 $42.31
PASCO 531,121 $14.96 535,789 517.21 $46,682 $22.44 $62,242 529.92
PINELLAS $39,294 $18.89 545,188 521.73 $58,941 $28.34 578,588 537.78
POLK 535,008 516.83 $40,259 519.36 $52,512 525.25 $70,016 533.66
PUTNAM $31,563 515.17 536,297 517.45 547,345 $22.76 $63,126 530.35
ST JOHNS 534,842 516.75 540,068 519.26 $52,263 525.13 $69,684 $33.50
ST LUCIE $31,708 $15.24 $36,464 517.53 547,562 522.87 $63,416 $30.49
SANTA ROSA $30,559 $14.69 535,143 516,90 545,839 $22.04 • $61,118 529.38
SARASOTA 537,372 $17.97 $42,978 520.66 $56,058 $26.95 574,744 535.93
SEMINOLE 537,925 $18.23 543,614 520.97 556,888 527.35 575,850 536,47
SUMTER 529,040 $13.96 533,396 ( 516.06 543,560 $20.94 558,080 527.92
SUWANNEE 525,182 512.11 528,959 513.92 $37,773 518.16 550,364 $24.21
TAYLOR $33,951 $16.32 539,044 $18.77 $50,927 $24.48 $67,902 532.65
UNION $27,211 513.08 $31,293 515.04 $40,817 519.62 $54,422 $26.16
VOLUSIA 531,530 515.16 $36,260 $17.43 547,295 522.74 $63,060 $30.32
WAKULLA $31,272 $15.03 $35,963 517.29 $46,908 $22.55 562,544 530.07
WALTON 528,590 $13.75 532,879 $15.81 $42,885 520.62 $57,180 $27.49
WASHINGTON 526,736 $12.85 530,746 $14.78 540,104 _ 519.28 553,472 525.71
Florida Agency for Workforce Innovation. labor Market Statistics Center, Quarterly Census of Employment and Wages Program, m cooperation with the U. 5. Depanment of labor. Bureau of t ahor Statistic s.
° All incentives applications received on or after January 1, 2011 will be subject to the new 2008 wages
I Page 2 of 2) rev. 12.03.10