§ 25-119. Application process.

(a)

Property appraiser review and report. Before the board takes action on an application, a copy of the application shall have been delivered to the property appraiser for review pursuant to section 25-118 of this division. After receipt and analysis of the application, and after receipt and analysis of such additional information as the property appraiser may have requested in connection with the application, the property appraiser shall provide a report to the board, which shall include the following:

(1)

The total revenue available to the county 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;

(2)

The amount of any revenue lost to the county for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined;

(3)

An estimate of the amount of revenue which would be lost to the county 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

(4)

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, or into neither, which determination the property appraiser shall also affix to the face of the application.

(5)

Such additional information as the property appraiser may elect to submit, including, but not limited to, a description of the data, information, documents, certifications, opinions, and assumptions on which the report is based and on which the property appraiser relied in reaching his/her determinations, the credibility and reliability, or lack thereof, of such data, information, certifications, opinions, and assumptions used by the property appraiser in reaching his/her determinations, and caveats that the property appraiser may deem important or relevant to the board's consideration of the application.

(b)

Eligibility threshold. The threshold for eligibility is whether the business meets the definition of new business or of an expansion of an existing business as provided in this division.

(c)

Ineligible business. Any business in violation of any federal, state, or local law or regulation, including, but not limited to, environmental matters, will not be eligible for an exemption.

(d)

Exemption criteria. In considering an application for an exemption, the board shall take into account the following factors:

(1)

The total number of net new jobs to be created by the applicant;

(2)

The average annual wage of the new jobs to be created by the applicant;

(3)

The capital investment to be made by the applicant;

(4)

The type of business or operation and whether it qualifies as a targeted industry;

(5)

The environmental impact of the proposed business or operation;

(6)

The extent to which the applicant intends to source its supplies and materials within the county; and

(7)

Any other economic-related characteristics or criteria deemed necessary or relevant by the board.

The board may also implement additional criteria or guidelines for determining whether to grant exemptions and the extent of such exemptions.

(e)

Board ordinance. After consideration of the application, the property appraiser's report, input from a community redevelopment agency, if applicable, and such other information it deems relevant, and the evaluation of the exemption criteria, the board may choose in its sole and absolute discretion to enact an ordinance granting an exemption to the applicant. If the board decides to enact such an ordinance, the ordinance shall be enacted in the same manner as any other general ordinance of the county, and shall include the following:

(1)

The name and address of the new business or the expansion of an existing business to which the exemption is granted;

(2)

The name of the owner(s) of the new business or the expansion of an existing business;

(3)

The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the county for the current fiscal year by virtue of exemptions currently in effect, and the estimated revenue loss to the county for the current fiscal year attributable to the exemption of the business named in the ordinance;

(4)

The percentage of assessed value of improvements and tangible personal property to be exempt from the county's ad valorem tax levies;

(5)

The period of time for which the exemption will remain in effect and the expiration date of the exemption; and

(6)

A finding that the business named in the ordinance meets the requirements of F.S. § 196.012(15) or (16).

(7)

A provision conditioning the exemption upon the execution by the business of, and the ongoing compliance with, an agreement setting forth, among other things, continuing performance obligations of the business associated with the creation of jobs in the county, the fulfillment of other representations made in applying for the exemption and the granting of the exemption by the board.

(f)

Precedent; standard for consideration of applications. No precedent shall be implied or inferred by the granting of an exemption. Each application shall be considered by the board in its legislative capacity on a case-by-case basis, after considering the property appraiser's report on the application and the exemption criteria set forth herein.

(Ord. No. 2012-05 , § 7, 2-21-12)