Resolution 040-2024 RESOLUTION NO. 040 -2024
A RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AMENDING
RESOLUTION NO. 520-2022, ATTACHED HERETO,
WHICH IMPOSED A CUSTOMER FACILITY CHARGE
ON CUSTOMERS OF RENTAL CAR COMPANIES
ACCESSING KEY WEST INTERNATIONAL AIRPORT;
AMENDING SECTION 2 FOR PURPOSES OF
INCREASING THE AMOUNT OF THE CFC CHARGE
FROM FOUR DOLLARS TO SIX DOLLARS PER
TRANSACTION DAY; AMENDING SECTION 2 FOR
PURPOSES OF SETTING THE DATE UPON WHICH
COLLECTION OF THE INCREASED CFC CHARGE IS TO
BEGIN ON MARCH 1,2024.
WHEREAS, Monroe County is the owner and operator of the Key West
International Airport (the "Airport") and is empowered to establish, fix, and collect fees and
charges for its use and operation; and
WHEREAS, on the 7th day of December 2022 the Monroe County Board of County
Commissioners passed Resolution No. 520-2022 imposing a customer facility charge (CFC) on
customers of rental car companies accessing the Airport; and
WHEREAS, as a result of preliminary design estimates as well as the
increasing cost of construction, Monroe County finds it to be prudent and necessary to
increase the amount of the CFC charge from four dollars to six dollars.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,that:
Section 1. The following terms shall have the meanings specified in this Section,
unless otherwise specifically provided. Other terms may be defined in other parts of this
Resolution.
"Airport"means the Key West International Airport.
"Airport Customer"means any person who comes to the Airport by any means of transportation
and enters into a vehicle rental agreement with a Rental Car Company at the Airport.
"Customer Facility Charge" means the fee imposed by this Resolution and used to plan,
design, finance, construct, operate and maintain the Rental Car Facility.
"Director of Airports" means the Monroe County Director of Airports, or his or her designee.
"Rental Car Company" means a rental car company having executed a rental car concession
agreement for the operation of a rental car concession at the Airport.
"Rental Car Facility" means a consolidated rental car facility or facilities to be developed and
located at the Airport.
"Transaction Day" means, with respect to any vehicle available for rent by any Rental Car
Company, for twenty-five (25) or fewer hours for the initial or first transaction day, and any
portion of one or more additional twenty-four (24) hour periods for each transaction day
thereafter.
Section 2. The Customer Facility Charge shall be charged to and assessed to each
Airport Customer. For the period of March 1, 2023 until February 29, 2024 the amount of the
Customer Facility Charge shall be four dollars and no cents per Transaction Day. Beginning
March 1, 2024 the amount of the Customer Facility Charge charged to and assessed to each
Airport Customer shall be six dollars and no cents ($6.00)per Transaction Day.
Section 3. The Rental Car Companies shall collect the Customer Facility Charge
from each Airport Customer at the time payment is first made under any agreement with
an Airport Customer. Each Rental Car Company shall further remit the full amount of
the Customer Facility Charge to the County or to an agent appointed by the County not
less frequently than monthly, regardless of whether the full amount of such Customer
Facility Charge was actually collected from the Airport Customer.
Section 4. All Customer Facilities Charges collected by any Rental Car Company
on behalf of the County shall be held in trust for the beneficial interest of the County
until they are remitted. The Rental Car Companies shall have no legal or equitable
interest in the Customer Facility Charges they collect and shall characterize any
Customer Facility Charges in their possession as trust funds in financial statements.
The Rental Car Companies shall maintain adequate records, in full conformance with
generally accepted accounting principles, that account for all Customer Facility Charges
charged, collected and remitted and these records shall be available to the County for
review, inspection and audit. The Rental Car Companies shall be entitled to no
compensation for the collect of the Customer Facility Charge.
Section 5. The Customer Facility Charge shall be separately identified by the
Rental Car Companies on any rental agreement with an Airport Customer. The Rental Car
Companies shall clearly and conspicuously disclose the existence and amount of the
Customer Facility Charge in: (i) any advertisement intended to generate customers at the
Airport or in any advertisement intended to generate customers at multiple airports, and
(ii) any quotation (regardless of form) to a potential Airport customer.
Section 6. The County specifically authorizes the Director of Airports to make,
amend, and rescind rules and regulations as may form time-to-time be necessary to carry
out the provisions of this Resolution.
Section 7. Collection of the Customer Facility Charge shall commence no later
than March 1, 2023.
Section S. If any provision of this Resolution is held to be invalid or
unenforceable by any court of competent jurisdiction, then such provision shall be
severed from the Resolution and the remainder of this Resolution shall not be affected
thereby. Nothing in this Resolution shall be construed as a limitation on the County to
amend this Resolution at any time in the future or otherwise revise the Customer Facility
Charge in any manner consistent within the authority granted to it.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 31st day of January 2024.
Mayor Holly Merrill Raschein Yes
Mayor Pro Tem James K. Scholl Yes
Commissioner Craig Cates Yes
Commissioner Michelle Lincoln Yes
Commissioner David Rice Yes
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t. ' `. 1 'tt4t:' LL� N MADOK, Clerk OF MONROE COUNTY, FL
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ATTACHMENT
RESOLUTION NO. 520 -2022
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS IMPOSING A CUSTOMER
FACILITY CHARGE ON CUSTOMERS OF RENTAL CAR
COMPANIES ACCESSING KEY WEST INTERNATIONAL
AIRPORT FOR THE PURPOSES OF PLANNING,DESIGNING,
FINANCING, CONSTRUCTING, OPERATING, AND
MAINTAINING CONSOLIDATED RENTAL CAR FACILITIES
AT KEY WEST INTERNATIONAL AIRPORT.
WHEREAS, Monroe County is the owner and operator of the Key West International Airport (the
"Airport") and is empowered to establish, fix, and collect fees and charges for its use and operation; and
WHEREAS, growth at the Airport,including increases in air passengers and rental car customers has
placed a strain on the Airport's public parking facilities,rental car facilities, and terminal curb space; and
WHEREAS, Monroe County believes it to be in the best interest of the traveling public to provide
adequate consolidated airport facilities to permit rental car companies to operate from and service and store
their rental vehicles at the Airport.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA,that:
Section 1. The following terms shall have the meanings specified in this Section, unless otherwise
specifically provided. Other terms may be defined in other parts of this Resolution.
"Airport"means the Key West International Airport.
"Airport Customer"means(1) any person who comes to the Airport by any means of transportation and enters
into a vehicle rental agreement with a Rental Car Company at the Airport.
"Customer Facility Charge" means the fee imposed by this Resolution and used to plan, design, finance,
construct, operate and maintain the Rental Car Facility.
"Director of Airports"means the Monroe County Director of Airports, or his or her designee.
"Rental Car Company"means a rental car company having executed a rental car concession agreement for the
operation of a rental car concession at the Airport.
"Rental Car Facility" means a consolidated rental car facility or facilities to be developed and located at the
Airport.
"Transaction Day" means, with respect to any vehicle available for rent by any Rental Car Company, for
twenty-five(25)or fewer hours for the initial or first transaction day,and any portion of one or more additional
twenty-four(24)hour periods for each transaction day thereafter.
Section 2. The Customer Facility Charge shall be charged to and assessed to each Airport Customer.
The initial amount of the Customer Facility Charge shall be four dollars and no cents ($4.00)per Transaction
Day.
1
Section 3. The Rental Car Companies shall collect the Customer Facility Charge from each Airport
Customer at the time payment is first made under any agreement with an Airport Customer. Each Rental Car
Company shall further remit the full amount of the Customer Facility Charge to the County or to an agent
appointed by the County not less frequently than monthly, regardless of whether the full amount of such
Customer Facility Charge was actually collected from the Airport Customer.
Section 4. All Customer Facilities Charges collected by any Rental Car Company on behalf of the
County shall be held in trust for the beneficial interest of the County until they are remitted. The Rental Car
Companies shall have no legal or equitable interest in the Customer Facility Charges they collect and shall
characterize any Customer Facility Charges in their possession as trust funds in financial statements. The
Rental Car Companies shall maintain adequate records, in full conformance with generally accepted
accounting principles,that account for all Customer Facility Charges charged,collected and remitted and these
records shall be available to the County for review, inspection and audit. The Rental Car Companies shall be
entitled to no compensation for the collect of the Customer Facility Charge.
Section 5. The Customer Facility Charge shall be separately identified by the Rental Car Companies
on any rental agreement with an Airport Customer. The Rental Car Companies shall clearly and conspicuously
disclose the existence and amount of the Customer Facility Charge in: (i) any advertisement intended to
generate customers at the Airport or in any advertisement intended to generate customers at multiple airports,
and (ii)any quotation (regardless of form)to a potential Airport customer.
Section 6. The County specifically authorizes the Director of Airports to make, amend, and rescind
rules and regulations as may form time-to-time be necessary to carry out the provisions of this Resolution.
Section 7. Collection of the Customer Facility Charge shall commence no later than March 1, 2023.
Section 8. If any provision of this Resolution is held to be invalid or unenforceable by any court of
competent jurisdiction, then such provision shall be severed from the Resolution and the remainder of this
Resolution shall not be affected thereby. Nothing in this Resolution shall be construed as a limitation on the
County to amend this Resolution at any time in the future or otherwise revise the Customer Facility Charge
in any manner consistent within the authority granted to it.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a
regular meeting of the Board held on the 7'day of December,2022.
Mayor Craig Cates
Mayor Pro Tern Holly Merrill Raschein Yes
Commissioner Michelle Lincoln Yes
Commissioner James K. Scholl Yes
ommissioner David Rice -Yes,
BOARD OF COUNTY COMMISSlONERS
ADOK, Clerk OF MONROIE C(;` '"ry, Fl.
or/chairman
10—
As Deputy Clerk M or/chairman
NROE COUNTY ATTOnNEY
E FORM
2 ASS NTY ATTORNEY
Date 11/18/22