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  Public Hearings     15.    
BCC Regular Meeting   
Meeting Date: 12/10/2015  
Issue:    5:34 p.m. Public Hearing to consider an Emergency Ordinance establishing an Economic Development Ad Valorem Tax Exemption for Daily Convo, L.L.C.
From: Amy Lovoy
Department: Asst County Administrator  
CAO Approval:

RECOMMENDATION:
5:34 p.m. Public Hearing for consideration of adopting an Ordinance establishing an Economic Development Ad Valorem Tax Exemption for Daily Convo, L.L.C.

Recommendation:  That the Board take the following action concerning an Economic Development Ad Valorem Tax Exemption for Daily Convo, L.L.C.:

A. Ratify authorizing the scheduling of a Public Hearing on December 10, 2015,  at 5:34 p.m., to consider adopting an Ordinance establishing an Economic Development Ad Valorem Tax Exemption for Daily Convo, L.L.C.;
 
B. Waive the ten day notice requirement (4/5 vote required);
 
C. Declare that an emergency exists and that immediate enactment of said ordinance is necessary prior to the repeal of the Enterprise Zone Act; and
 
D. Choose one of the following options:   
 
  1. Adopt an Ordinance establishing an Economic Development Ad Valorem Tax Exemption for Daily Convo, L.L.C., a new business located in an area designated enterprise zone for 100% of the assessed value of certain improvements to real property and of tangible personal property located at 101 East Romana Street, or
     
  2. Adopt an Ordinance establishing an Economic Development Ad Valorem Tax Exemption for Daily Convo, L.L.C., a new business located in an area designated enterprise zone for 38.46% of the assessed value of certain improvements to real property and of tangible personal property located at 101 East Romana Street based upon receiving 5 out of 13 points under the criteria found in Section 90-147; or
     
  3. Deny the application for an Economic Development Ad Valorem Tax Exemption from Daily Convo, L.L.C.
BACKGROUND:
In accordance with Section 3, Article VII of the Constitution of the State of Florida and in accordance with Chapters 125, 163, 192 and 214, Florida Statutes, and Chapter 12D-7, Florida Administrative Code, the County previously enacted an ordinance relating to economic development ad valorem tax exemptions whereby certain new and expanding businesses may be exempted from ad valorem taxation as provided for in §196.1995, Florida Statutes. 
 
Exemptions may be granted to eligible new businesses for up to 100% of the assessed value of all improvements to real property made by or for the use of the new business and tangible personal property of such business for a period of up to 10 years.  Applications for exemptions shall be considered by the Board of County Commissioners on a case-by-case basis for each application, after consideration of the Property Appraiser’s report on that application.
 
Daily Convo, L.L.C., has applied for an EDATE as an eligible new business by virtue of its location in an area designated enterprise zone. The provisions of the Enterprise Zone Act set forth in §§290.001-.016, et seq., Florida Statutes, shall be repealed as of December 31, 2015.  Daily Convo, L.L.C., has requested enactment of an ordinance granting an EDATE prior to the expiration of the Act.
 
As provided in Ordinance Option1, the applicant would receive a 100% exemption for the full ten year term by virtue of the property’s location in an area designated enterprise zone.  In the alternative, under Ordinance Option 2, the applicant would receive a partial exemption in the amount of 38.46% of the assessed value of the improvements to the subject property, which was calculated based upon the criteria found in the County’s EDATE ordinance.  (See attached correspondence from Scott Luth, dated November 30, 2015, and corresponding Project Evaluation submitted by Scott Luth.)  The Board retains discretion as to whether to grant, in whole or in part, or deny any request for exemption.
 
BUDGETARY IMPACT:
Estimate of revenue which would be lost to the County during the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation is $383,025.00.
LEGAL CONSIDERATIONS/SIGN-OFF:
The proposed Ordinances were drafted by Assistant County Attorney, Kristin Hual, and advertised in the Pensacola News Journal on December 2, 2015.
 
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
N/A
IMPLEMENTATION/COORDINATION:
If either Ordinance is approved, a copy of the Ordinance will be filed with the Escambia County Property Appraiser’s Office and the Department of State.
 

Attachments
FloridaWest Recommendation
Daily Convo Point Scoring
Emergency Ordinance 1
Emergency Ordinance 2

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