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Item P04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2012 Division: County Attorney's Office Bulk Item: Yes x No Department: Staff Contact Person/Phone #: Cynthia Hall, x 3174 AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance amending Section 23-200(a)(2)a. of the Monroe County Code, the tourist development plan, to add "aquariums" to the list of facilities for which the third and fourth cent of the four -cent tax may be used, required due to a statutory change. ITEM BACKGROUND: Ch. 2012-180, which was passed by the Florida legislature and became effective on July 1, 2012, amended F.S. 125.0104(5)(a)1. to add aquariums to the list of facilities for which tourist development taxes could be used. This item in turn incorporates the word "aquariums" into the Monroe County tourist development plan. Per Section 23-203 of the Monroe County Code, an affirmative vote of a majority plus one additional member is required to amend the plan. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: Approval to advertise a public hearing to be held in Key West on October 17, 2012. TOTAL COST: 200 INDIRECT COST: N/A BUDGETED: N/A (cost of advertisement) COST TO COUNTY: 200 SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X DISPOSITION: Not Required AGENDA ITEM # ORDINANCE NO. -2012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, AMENDING SECTION 23-200(a)(2)a. OF THE MONROE COUNTY CODE, PART OF THE TOURIST DEVELOPMENT PLAN, TO ADD AQUARIUMS TO THE LIST OF FACILILITIES FOR WHICH THE THIRD AND FOURTH PENNY OF TOURIST DEVELOPMENT TAXES MAY BE SPENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in April 2012, the Florida Legislature passed Ch. 2012-180, amending Florida Statutes Section 125.0104(5)(a)1. to add aquariums to the list of facilities for which tourist development taxes may be spent; and WHEREAS, Ch. 2012-180 became effective on July 1, 2012; WHEREAS, it is desirable to amend the Monroe County tourist development plan to parallel the state statute; and WHEREAS, under Section 23-203 of the Monroe County Code, an affirmative vote of the majority plus one of the Board of County Commissioners is required in order to amend the tourist development plan. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Section 23-200(a)(2)a. of the Monroe County Code is hereby amended to read as follows: (2) The third cent and the fourth cent of the four -cent tax shall be spent: a. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, of auditoriums, or aquariums, within the boundaries of the county or sub -county taxing district in which the tax is levied. 1 Section 2. If any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _ day of October 2012. Mayor David Rice Mayor Pro Tern Kim Wigington Commissioner George Neugent Commissioner Heather Carruthers Commissioner Sylvia J. Murphy (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson MEMORANDUM Office of the Monroe County Attorney TO: Mayor Rice and County Commissioners FROM: Cynthia L. Hall, Assistant County Attorney THRU: Suzanne A. Hutton, County Attorney �# DATE: August 28, 2012 SUBJECT: Amendment of Monroe County Tourist Development Plan to Add "Aquariums" To the List of Facilities For Which Tourist Development Taxes May Be Spent In April 2012 the Florida Legislature passed Ch. 2012-180. The bill amended Section 125.0104(5)(a)1. to add "aquariums" to the list of projects for which tourist development taxes could be spent. The legislation became effective on July 1, 2012. Monroe County's tourist development plan similarly contains a list of facilities for which tourist development taxes may be spent. Section 23-200(a)(2) provides a list of projects on which the third and fourth cents of the four -penny tourist development tax may be spent. Section 23-200(a)(2)a. and b. in particular set forth a list of ways in which tourist development taxes may be spent for capital improvement (a/k/a "bricks and mortar") projects. This proposed ordinance incorporates the change from Ch. 2012-180 by adding aquariums to the list of facilities in Section 23-200(a)(2)a. Staff is requesting approval to advertise the proposed ordinance. If approval is granted, the public hearing on the ordinance would be held at the Key West meeting, in October 2012. CHAPTER 2012-180 House Bill No. 1015 An act relating to the tourist development tax; amending s. 125.0104, F.S.; providing for the proceeds of the tourist development tax to be used for the benefit of certain aquariums; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (5) and subsection (7) of section 125.0104, Florida Statutes, are amended to read: 125.0104 Tourist development tax; procedure for levying; authorized uses; referendum; enforcement.— (5) AUTHORIZED USES OF REVENUE. — (a) All tax revenues received pursuant to this section by a county imposing the tourist development tax shall be used by that county for the following purposes only: 1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditor- iums, aquariums or museums that are publicly owned and operated or owned and operated by not -for -profit organizations and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied. Tax revenues received pursuant to this section may also be used for promotion of zoological parks that are publicly owned and operated or owned and operated by not -for -profit organizations and open to the public. However, these purposes may be implemented through service contracts and leases with lessees with sufficient expertise or financial capability to operate such facilities; 2. To promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists; 3. To fund convention bureaus, tourist bureaus, tourist information centers, and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county, which may include any indirect administrative costs for services performed by the county on behalf of the promotion agency; or 4. To finance beach park facilities or beach improvement, maintenance, renourishment, restoration, and erosion control, including shoreline protec- tion, enhancement, cleanup, or restoration of inland lakes and rivers to 1 CODING: Words strieken are deletions; words underlined are additions. Ch. 2012-180 _ LAWS OF FLOREDA Ch. 2012-180 which there is public access as those uses relate to the physical preservation of the beach, shoreline, or inland lake or river. However, any funds identified by a county as the local matching source for beach renourishment, restoration, or erosion control projects included in the long-range budget plan of the state's Beach Management Plan, pursuant to s. 161.091, or funds contractually obligated by a county in the financial plan for a federally authorized shore protection project may not be used or loaned for any other purpose. In counties of less than 100,000 population, no more than 10 percent of the revenues from the tourist development tax may be used for beach park facilities. (7) AUTOMATIC EXPIRATION ON RETIREMENT OF BONDS. —Any- thing in this section to the contrary notwithstanding, if the plan for tourist development approved by the governing board of the county, as amended from time to time pursuant to paragraph (4)(d), includes the acquisition, construction, extension, enlargement, remodeling, repair, or improvement of a publicly owned and operated convention center, sports stadium, sports arena, coliseum, eF auditorium, aquarium, or a museum that is publicly owned and operated or owned and operated by a not -for -profit organization, the county ordinance levying and imposing the tax shall automatically expire upon the later of: (a) Retirement of all bonds issued by the county for financing the same; or (b) The expiration of any agreement by the county for the operation or maintenance, or both, of a publicly owned and operated convention center, sports stadium, sports arena, coliseum, auditorium, aquarium or museum. However, nothing herein shall preclude that county from amending the ordinance extending the tax to the extent that the board of the county determines to be necessary to provide funds with which to operate, maintain, repair, or renew and replace a publicly owned and operated convention center, sports stadium, sports arena, coliseum, auditorium, aquarium or museum or from enacting an ordinance which shall take effect without referendum approval, unless the original referendum required ordinance expiration, pursuant to the provisions of this section reimposing a tourist development tax, upon or following the expiration of the previous ordinance. Section 2. This act shall take effect July 1, 2012. Approved by the Governor April 27, 2012. Filed in Office Secretary of State April 27, 2012. 2 CODING: Words strieken are deletions; words underlined are additions.