File #: 24-1066   
Type: Public Hearings Status: Passed
File created: 6/19/2024 In control: Board of County Commissioners
On agenda: 7/2/2024 Final action: 7/2/2024
Title: PUBLIC HEARING to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption to an expanding business, Publix Super Markets, Inc., and approval of a Performance Agreement with the company.
Attachments: 1. AVTE Ordinance Publix (Proj Retro), 2. Performance Agreement-Publix (Proj Retro)

SUBJECT

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PUBLIC HEARING to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption to an expanding business, Publix Super Markets, Inc., and approval of a Performance Agreement with the company.

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DESCRIPTION

The Board is asked to consider adoption of an ordinance, the title of which is:

AN ORDINANCE OF POLK COUNTY, FLORIDA, ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR PUBLIX SUPER MARKETS, INC., AN EXPANSION OF AN EXISTING BUSINESS; PROVIDING FINDINGS OF FACT; PROVIDING A TITLE;  PROVIDING 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 ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS CURRENTLY IN EFFECT, AND THE ESTIMATED REVENUE LOSS TO THE COUNTY FOR THE CURRENT FISCAL YEAR ATTRIBUTABLE TO THE EXEMPTION FOR PUBLIX SUPER MARKETS, INC.; PROVIDING FOR THE GRANT OF AN EXEMPTION FOR 7 YEARS AT 50 PERCENT; PROVIDING FOR A FINDING THAT THE COMPANY MEETS THE REQUIREMENTS OF SECTION 196.012 (15), FLORIDA STATUTES, (EXPANSION OF AN EXISTING BUSINESS); PROVIDING FOR CONTINUING PERFORMANCE; PROVIDING FOR APPLICABILITY; PROVIDING FOR REVIEW; PROVIDING FOR EXPIRATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

Pursuant to Polk County Ordinance 2022-069, the County received an application for an Economic Development Ad Valorem Tax Exemption from an existing business, Publix Super Markets, Inc., seeking to expand its corporate headquarters in Polk County. Along with that application was a letter of recommendation from the Lakeland Economic Development Council and the Central Florida Development Council and other required documentation showing that the company intends to add 10 new full-time jobs in Polk County paying an average wage of at least 115% of the County’s 2024 average annual wage.  The Company also intends to invest more than $47 million in the construction and expansion of its corporate headquarters office location at 1936 George Jenkins Boulevard in Lakeland. This location is within a Federally Designated Opportunity Zone, defined as an economically distressed community where new investments, under certain conditions, may be eligible for preferential tax treatment. 

The application was sent to the Property Appraiser for review, and the Property Appraiser has submitted her report dated May 16, 2024.  As required by statute and the ordinance, a performance agreement is required to ensure that the company fulfills all of its obligations.  Based on the Board’s adopted policy guidelines for economic development ad valorem tax exemptions, the Company qualifies for a 50% exemption for 7 years.

 

RECOMMENDATION

(1) Approve and adopt the Economic Development Ad Valorem Tax Exemption for Publix Super Markets, Inc.; and (2) approve and execute the Ad Valorem Tax Exemption Performance Agreement between the County and the company.

 

FISCAL IMPACT

Based on the Property Appraiser’s Report, it is estimated that $137,300 in ad valorem taxes will be lost each year of the seven-year exemption period (2026 through 2032) if the exemption is approved.  The County would recognize the remaining 50% of value as new ad valorem tax revenue during that time.  Additionally, annual new tax revenues gained for the School Board, MSTU’s and SWFMD are estimated to be $222,138, $33,731, and $8,392, respectively.

 

CONTACT INFORMATION

Sandra Howard

Deputy County Attorney

863-534-6437