§ 38-300. Findings of Fact.

(a)

In 2009, the Florida Legislature created the Energy Economic Zone (EEZ) Pilot Program (F.S. § 377.809) for purposes to include developing a model to help communities cultivate green economic development, encourage renewable electric energy generation, and promote the manufacturing of products that contribute to energy conservation and green jobs. The legislation set forth an application process for local governments applying to the State for designation as a pilot community and limited eligible locations within a pilot community to adopted urban service areas and a county landfill outside the urban service boundary.

(b)

The application process required applicants to indicate: (1) the anticipated boundaries of the EEZ, (2) how the projected EEZ would lend itself to mixed-use and form-based standards, multimodal transportation facilities and/or renewable energy facilities, and (3) a strategic plan illustrating how the EEZ would allow for promotion of land use and development patterns to: (i) reduce reliance on automobiles; (ii) encourage certified green building development and renewable energy systems; (iii) encourage creation of green jobs; and (iv) demonstrate how local financial and regulatory incentives will be used in the EEZ. In 2009, Sarasota County and the City of Miami Beach were selected by the State as the two communities to participate in the EEZ Pilot Program.

(c)

In 2011, the legislature amended F.S. § 377.809, providing that all the incentives and benefits available to enterprise zones pursuant to state law and other specifically identified benefits will be available within an EEZ and setting forth the process by which each of the EEZ governing bodies would implement the EEZ Program within its jurisdiction.

(d)

In order to provide EEZ incentives, the EEZ governing body must adopt an ordinance no later than March 1, 2012, that establishes the boundaries of the EEZ, specifies applicable energy efficiency standards for businesses within the EEZ, and determines eligibility criteria for those businesses applying for EEZ incentives. The EEZ boundaries may be revised by amending the ordinance.

(e)

F.S. 377.809 further provides that effective July 1, 2012, the total amount of state credits, refunds and exemptions that may be provided by each EEZ governing body to eligible businesses for EEZ incentives is $300,000.00 in any state fiscal year. If the $300,000.00 incentive cap is not fully used in any single state fiscal year, the unused amount of the cap may be carried forward for up to five years.

(f)

Each EEZ governing body is responsible for allocating the incentives, for verifying that businesses receiving such incentives are eligible for the incentives provided, and for ensuring that the incentives provided do not exceed the cap for the state fiscal year.

(g)

As provided by law, no later than February 15, 2015, the Florida Department of Economic Opportunity (DEO) is to evaluate each EEZ Pilot Program and report to the Governor and Legislature any recommended revisions.

(h)

In order to enable more businesses to participate and facilitate access to a broader workforce allowing eligible businesses to take advantage of the jobs credit and increase the attractiveness of the program, the Board has determined that the boundaries of the EEZ shall be expanded, and that an additional performance-based Energy-Efficiency Standard be adopted for existing businesses.

(i)

In recognition that the EEZ has evolved since initial legislation, the Board desires to rename the program to be more representative of the current focus on economic development.

(Ord. No. 2012-005, § 2, 2-22-2012; Ord. No. 2013-036, § 2, 10-23-2013)