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Item E3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: FEBRUARY 22, 2001 Division: TDC Bulk Item: Yes XXX No Department: N/A AGENDA ITEM WORDING: Approval for the BOCC to request the County Attorney's Department to seek an Opinion of the Attorney General for the State of Florida as it pertains to the permissibility of utilizing bed tax dollars for water quality testing. ITEM BACKGROUND: TDC approved same at their meeting of January 10, 2001. PREVIOUS RELEVANT BOCC ACTION: BOCC approved FY 2001 budget at their meeting of September 21,2000. STAFF RECOMMENDATION: Approval TOTAL COST: $ COST TO COUNTY: $ BUDGETED: YES /TOURIST PAY APPROVED BY: County Attorney OMB/Purchasing Risk Management - - DIVISION APPROVAL: ,~..JA f Lynda M. Stuart (Type/print name) DOCUMENTATION: Included: X To Follow: Not Required - Agenda Item # yf:.3 Monroe County Tourist Development Council January 10, 2001 Page 4 Mr. Scott Marr Ms. Alexa Wheeler Mr. Michael Proimos Mr. Matt Babich Mr. Robert Padron Mr. Harold Wheeler - Ex officio Mr. Michael Ingram - Ex officio Ms. Helbling seconded. Motion passed unanimously. N.3.: Review of E-Marketing Plan: Mr. Wheeler reviewed the E-Marketing Plan. The purpose of the plan is to show an organized strategic process of the TDC electronic marketing efforts that integrates with the overall TDC Marketing Plan. The board had favorable acceptance of the plan and Mr. Wheeler received good comments as to the appropriateness and timeliness of the plan. N.4: Consideration and Action re: Finding of Fact - Water Quality Testing: At the July 19, 2000 TDC meeting the TDC was asked to do a finding of fact on whether the water testing equipment, and cost of water monitoring and water quality testing does relate to promotion of tourism. Mr. Wheeler recommended that based upon the opinion of the General Counsel of the Florida Hotel & Motel Association and the 1996 legislative amendment to section 125.0104(5)(a)4, that the TDC should seek the opinion of the Attorney General for the State of Florida as it pertains to the permissibility of utilizing bed tax dollars for water quality testing. The recommendation of the TDC should be to the BOCC. Ms. Weinhofer moved approval for the TDC to request the BOCC to seek the opinion of the Attorney General for the State of Florida as it pertains to the permissibility of water quality testing utilizing bed tax dollars, Mr. Padron seconded. Motion passed unanimously. Public Input: Ms. Panico informed the TDC that a meeting will be taking place at the Key Colony Beach at 1 :00 p.m. on January 11th to discuss the Florida DOT recommendation as it pertains to the 24 hour evacuation plan for Monroe County. The BOCC has adopted the proposed management plan presented by the Sheriff's Office wherein a recommendation for part of the plan is for a 2-3 day evacuation of visitors pending potential storms. Mr. Ingram encouraged attendance at this meeting. There being no further business the meeting was adjourned at 12:10 p.m. ~.,-' \ , I I: l i <:i6MLD ~ U'.'u-:c.;s-rrJ~ AJLE~N "I. KeJJ..IX LIVlL~GSTON & REILLY, P.A. ",,'iTORNE YS AT L......W ~t: E. COLO~I~1. O('J.vll ~Ur.-g ;50 ,l..l:>T (JIT-lt.;t; !lOX :ISl 0R.l~\NDo. f't..ORlDA nOO1 T!!U:'"'~QC"oit: (107) ..U..LJJ... "^I.":SlMJl.iZ \1<1:1 1 !1.!5~r- July 17,2000 Sent via facsimile transmission only (305) 295-140B Mr. Jack Smith, MSA, EVP Key West Hotel & Motel Association 31 52 Northside Drive Suite 101 Key West. Florida 33040 Dear Mr. Smith: On behalf of the Key West Hotel & Motel Association. you have requested an opi'nio~ from my office. :as General Counsel far the Florida Hotel & Motel Association, relating to the permissibility of proposed expenditures of tourist development tax revenues by Monroe County far the purpose of water quality monitoring. A summary of the proposed water quality mon}toring project is contained in a May 23, 2000 transmittal from Richard Jones, Department of Marine Resources to Linda Stewart, Tourist Development Council for Monroe County. The primary purpose of the project is. improvement of water quality, and the monitoring of the presence of pollutants in 800t Key Ha rbor and adjacent waterways. The Florida' Department of Environmental. Protection is requiring a water quality monitoring program involving quarterly and annual' testing to indicate pollutant levels and discharges from a variety of sources ire, and adjacent to, Boot Key Harbor. Monrce County Department of Marine Resources is seeking $9,640.00 from Monroe Courety TDC for project costs, and it appears that the Soard of County Commissioners of Monroe County has agreed to provide $100,000.00 of TOe Funds, by virtue of an agreement between Monroe County and the U.S. Environmental Protection Agency. Region 4, dated May 18.2000. After reviewing the proposed water quality testing program for Boot Key Harbor, it is my opinion that tourist development tax revenues may not be used by Monroe County for the purchase of water testing equipment. or far the implementation of a water quality monitodng program. 07/18/00 07:40 TX / r<.X NO.8 576 P.002 . July 17.2000 Page Two [A: \ -- In a comparable "water quality~ anaiysis,.on July 27, 1990. the Office of the Attomey General far, the State of Florida issued Attorney General Opinion 90-59, addressing the question o.f whether or not tourist development tax revenues may be used by Citn.ls County for tne purpose af financing the removal of hycrella and other water weeds from the inland lakes and rivers ot the County, to which then~ is public access. In Opinion 90-59, the Attorney General concluded that Citrus County could expend tourist development tax revenues to finance the removal or hydrella and other water weeds. if the County detemined that such expendit1.Jres were primarily related to tourism in the Coun.ty. r have enclosed a copy of Attorney General Opinion 90-59 for your review and reference. At the time Attorney General Opinion 90-59 was issued by the Attomey Generafs Office, Chaprer:.12S.01 04(5)(a)4. provided as fallows: - (a) All tax revenues received pursuant to ttlis section by a county imposing tourist development tax shall be used by that county for the following purposes only: ...4. To tinance beach ill1pravement. maintenance. renourishment... restoration. and erosion control. inCluding shoreline protection, enhancement. cleanup. or restoration of inland lakes and rivers to which there is public access. f .,- .....~~,. During the 1 996 legislative session, Chapter 125.0104(5)(a)4. was amended to read as follows: . 4. To finance beach par'" facilities or beach improvement, : maintenance. renourishment. restoration, and erosion . control, including shoreline protection. enhancement, cleanup, Of restoratIon of inland lakes and rivers to which there is public access as those uses relate to the physical preservation or the beach, shoreline, or inland lake or rivers. In counties of less than 100,000 population. no more than 10 percent of the revenues form the tourist development tax may be used for beach park facilitfes. (Emphasis added.) 07/18/00' 07:40 TX/RX NO.B576 t -."!.;---' P.003 . ,- July 17,2000 Page Three . , Based upon the 1996 amendment to paragraph 4 of Chapter 125.0104(5)(a), the opinion set forth in Attorney General Opinion 90-59 has been superceded. and tourist development tax revenues may not be used for water quality purposes, but may be used as it relates. to paragraph 4, only for the physical preservation of the beach, shoreline, or inland lake or river. If you wish to discuss this matter furth~r. please give me a call at your convenience. Sincerel~/. ~L~ ~ GerAld S. Livingston ..-~ ~ ,. . ::::..:.. ~ GSUcje cc: Tom Waits 07/18/00 07:40 TX/RX NO.8576 P.004 .