§ 24-1. Economic development impact fee mitigation program.

(a)

For the purpose of this section, the term "qualified target industry business" shall mean a new or expanding business in the county that has a positive economic and fiscal impact on the county and meets the requirements of F.S. § 288.106, or its statutory successor in function, as a qualified target industry business. For the purpose of this section, the term "applicant" shall include any person, company, research institute or business park developer that will house qualified target industry businesses.

(b)

For the purposes of this section, the term "locally owned and operated small business" shall mean a target industry continually operated in St. Lucie County for at least three years which is owned and operated by a St. Lucie, Martin, Indian River or Okeechobee County resident whose homestead is located in St. Lucie, Martin, Indian River, Okeechobee County, and which employs 50 or fewer employees.

(c)

Because the imposition of the impact fees herein may place the county in a non-competitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities, thus hindering efforts by the county and the community to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the county's citizens, there is hereby created an economic development impact fee mitigation program for certain qualified target industry businesses to mitigate any real or perceived disadvantage occurring from the imposition of the impact fees.

(d)

This program is not intended as an entitlement program. The program is intended to provide the board of county commissioners the opportunity, in its sole discretion, to grant impact fee mitigation to qualified target industry businesses.

(e)

To be eligible for an economic development impact fee waiver, an applicant must meet the following requirements:

(1)

Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten percent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of at least 107 percent of the county's average private sector wage (excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten years; or

(2)

Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten percent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding the top two executive salaries) and make a capital investment in the county of $10,000,000.00 or greater in construction, renovations, equipment purchases, or other major capital investment items and remain in the county for a minimum of ten years; or

(3)

Qualify as a locally owned and operated small business and create a minimum of ten new jobs with an average private sector wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten years; and

(4)

Enter into an agreement with the county wherein the applicant agrees to locate or expand its business operations to/within the county for a period of at least ten years. The agreement will also require the applicant to provide the county with the applicant's quarterly report (UCT-6) and all other documentation to demonstrate that the job creation and salary level commitments were achieved.

(f)

Any applicant seeking an economic development impact fee waiver shall file an application for waiver with the county administrator prior to the issuance of the building permit for the subject capital facilities impact construction. The application shall contain:

(1)

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

(2)

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

(3)

Proof that the capital facilities impact construction will be a qualified target industry business;

(4)

A notarized affidavit and all necessary supporting evidence affirming that the applicable requirements of subsection (e) of this section will be met within one year of the date the certificate of occupancy is issued which term may be extended by the board of county commissioners upon good cause shown; and

(5)

Other necessary information as determined by the county administrator.

(g)

Any applicant who submits an application for economic development impact fee mitigation pursuant to this section and desires the immediate issuance of a building permit prior to approval of the application shall pay the impact fees imposed herein. Should the board of county commissioners approve and accept the mitigation application, the mitigation amount shall be refunded to the applicant or owner.

(h)

If the applicant meets the requirements provided above for mitigation, the applicant shall be eligible for the following:

(1)

If the applicant qualifies under subsection (e)(1) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements:

Number of Jobs Created	Percent of Average Private Sector Wage	Waiver Amount
Minimum of 10	107% plus benefits	$3,500.00 per job created
Minimum of 10	150% plus benefits	$5,000.00 per job created
Minimum of 10	200% plus benefits	$7,500.00 per job created

 

(2)

If the applicant qualifies under subsection (e)(2) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these mitigation amounts in the event the applicant exceeds these requirements:

Number of Jobs Created	Total Capital Investment	Waiver Amount
Minimum of 10	$10,000,000.00 to $14,999,999.99	40% of total county impact fees
Minimum of 10	$15,000,000.00 to $19,999,999.99	50% of total county impact fees
Minimum of 10	$20,000,000.00 or more	60% of total county impact fees

 

(3)

If the applicant qualifies under subsection (e)(3) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements:

Number of Jobs Created	Percent of Average Private Sector Wage	Waiver Amount
Minimum of 10	100% plus benefits	$3,500.00 per job created
Minimum of 10	140% plus benefits	$5,000.00 per job created
Minimum of 10	185% plus benefits	$7,500.00 per job created

 

(4)

Each applicant shall only be eligible for mitigation under either subsection (e)(1), (e)(2) or (e)(3), but not in combination.

(i)

If the county administrator finds that the applicant meets the requirements provided herein for mitigation, the county administrator shall agenda an impact fee mitigation agreement before the board of county commissioners, which shall contain, but not be limited to, the county impact fee mitigation application for qualified target industries and any other documents as requested by the county administrator. Because this program is not an entitlement program, the board may reject the request for mitigation without cause.

(j)

Any incentive approved pursuant to the economic development impact fee mitigation program shall be paid from other legally available funds (other than impact fees).

(k)

Any request for economic development impact fee mitigation must be submitted to the county by the applicant prior to the applicant deciding whether or not they will expand or locate in the county.

(Code 1982, § 1-7.55-1; Ord. No. 08-007, pt. A, 1-15-2008; Ord. No. 15-009, pt. A, 7-21-2015 )