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HomeMy WebLinkAbout26-016 - Corrected Ordinance CORRECTED ORDINANCE NO. 2026-16 A CORRECTED ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, REPEALING AND REVOKING ORDINANCE NO. 2024-21 WHICH GRANTED AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO A-1 INDUSTRIES OF FLORIDA INC., 4451 ST. LUCIE BLVD., FT. PIERCE, FL 34946; FINDING THAT A-1 INDUSTRIES OF FLORIDA INC. FAILED TO SATISFY THE JOB CREATION AND PERFORMANCE CRITERIA ASSOCIATED WITH THE ECONOMIC DEVELOPMENT INCENTIVE APPROVAL; PROVIDING FOR TERMINATION OF THE AD VALOREM TAX EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CORRECTION OF NON-SUBSTANTIVE RECITAL LANGUAGE; AND PROVIDING FOR RECORDING AND FILING. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Findings and Recitals WHEREAS,on June 4, 2024,the Board of County Commissioners adopted Ordinance No. 2024-21 granting an Economic Development Ad Valorem Tax Exemption to A-1 Industries of Florida Inc. for an expanded business located at 4451 St. Lucie BLVD, Ft. Pierce, Florida 34946; and WHEREAS, Ordinance No. 2024-21 was adopted pursuant to Section 196.1995, Florida Statutes, and St. Lucie County Ordinance No. 92-24; and WHEREAS, the approval of the ad valorem tax exemption was based upon representations and commitments made by A-1 Industries of Florida regarding the creation of new full-time equivalent jobs and other economic development performance measures; and WHEREAS, the Board of County Commissioners previously approved Job Growth Investment Grant Agreement No. 21-002, which established job creation milestones and related performance obligations associated with the project; and WHEREAS, A-1 Industries of Florida Inc. has failed to achieve the job creation levels and performance obligations contemplated under the approved incentive framework; and WHEREAS, on March 10, 2026, during an Informal Board of County Commissioners meeting,the Board directed staff to terminate the existing incentives due to noncompliance; and WHEREAS,the Board finds that A-1 Industries of Florida Inc. no longer satisfies the criteria supporting the Economic Development Ad Valorem Tax Exemption previously granted under Ordinance No. 2024-21; and NI(NELI E R.MII I FR,CLERK OF THE f!RCIJ1T COURT SAINT LUCIE COUNTY FILE# 5636338 06/22/2026 03:57:29 PM DR BOOK 5493 PAGE 1539-1542 Doc Type:ORDN 1 RECORDING: $35.50 WHEREAS, Article V of Ordinance No. 2024-21 expressly reserves the County's right to repeal the exemption if A-1 Industries of Florida Inc. no longer satisfies the required criteria. WHEREAS, following adoption and recording of Ordinance No. 2026-16, the County determined that two recital clauses contained non-substantive factual inaccuracies referring to multiple Job Growth Investment Grant amendments, extensions, and modifications; and WHEREAS, the purpose of this Corrected Ordinance No. 2026-16 is to correct those non- substantive recital inaccuracies so that the recorded ordinance accurately reflects the factual basis for the Board's action; and WHEREAS, this corrected ordinance does not alter the Board's action, adoption date, vote, effective date, repeal and revocation of Ordinance No. 2024-21, termination of the ad valorem tax exemption, or any other substantive provision approved by the Board of County Commissioners. ARTICLE II Repeal and Revocation Ordinance No. 2024-21, entitled "Economic Development Ad Valorem Tax Exemption — A-1 Industries of Florida Inc.," is hereby repealed and revoked in its entirety. The Economic Development Ad Valorem Tax Exemption previously granted to A-1 Industries of Florida Inc. pursuant to Ordinance No. 2024-21 is hereby terminated and shall no longer remain in effect. The Property Appraiser and all appropriate County officials are authorized and directed to take any action necessary to implement the revocation of the exemption consistent with applicable law. ARTICLE III Correction of Non-Substantive Recital Language The recorded version of Ordinance No. 2026-16 included the following recital language: "WHEREAS, the Job Growth Investment Grant Agreement has been amended multiple times due to project delays and modifications to the job creation schedule; and" and "WHEREAS, despite prior extensions and amendments, A-1 Industries of Florida Inc. has failed to achieve the job creation levels and performance obligations contemplated under the approved incentive framework; and" Those recitals are hereby corrected by deleting the recital referring to multiple amendments, extensions, and modifications, and by replacing the subsequent recital with the following: 2 "WHEREAS, A-1 Industries of Florida Inc. failed to achieve the job creation levels and performance obligations contemplated under the approved incentive framework; and" This correction is non-substantive and is intended solely to conform the recorded ordinance to the accurate factual record. ARTICLE IV Severability If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of this Ordinance, which shall continue in full force and effect. ARTICLE V Conflicts All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. ARTICLE VI Effective Date This Corrected Ordinance shall take effect upon filing with the Florida Department of State. ARTICLE VII Recording and Filing The Clerk is directed to record this Corrected Ordinance No. 2026-16 in the Public Records of St. Lucie County, Florida, and to transmit a certified copy to the Florida Department of State. This Corrected Ordinance shall be indexed and maintained in a manner that reflects its correction of Ordinance No. 2026-16, which was approved by the Board of County Commissioners on May 19,2026. ARTICLE VIII Adoption After motion and second, the vote of this Ordinance was as follows: Commissioner Jamie Fowler, Chair AYE Commissioner, Larry Leet, Vice Chair AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend ABSENT 3 PASSED AND DULY ADOPTED this 191h day of May 2026. ATTEST: ��combAl S+ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA U y * * Bt DEPUTY CLERK �Gc " ��` CHAIR �F coUN�'E APPROVED AS TO FORM AND CORRECTNESS: i BY: COUNTY A ORNEY 4 RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 June 22, 2026 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Corrected Ordinance No. 2026-16, which was filed in this office on June 22, 2026. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp