Item C19 C.19
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: C.19
Agenda Item Summary #12081
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470
No
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider adoption of an
ordinance amending Section 23-200 Tourist Development Plan of the Monroe County Code to add
Public Facilities as a permissible use of Tourist Development Tax revenues, to make revisions to the
Code to Coincide with the provision as set forth in 125.0104, Florida Statutes and providing for
revisions and clarifications to the Monroe County Tourist Development Plan; providing for
severability; providing for repeal of all ordinance inconsistent herewith and providing for an
effective date
ITEM BACKGROUND: This agenda item seeks Board approval to advertise a Public Hearing
at the June 21, 2023, regular meeting to consider adoption of an Ordinance revising section 23-
200- Tourist Development Plan of the Monroe County Code (MCC or Code) to add public
facilities as an authorized use of tourist development tax (TDT) revenues in accordance with
state law, to make changes so the Code coincides with the provisions of F.S. 125.0104, and to
make other revisions and clarifications as needed to the plan.
The Florida legislature passed Chapter 2018-188, which added "public facilities" to the
authorized uses of tourist development tax revenues as set forth in 125.0104(5), Florida Statutes
(F.S.) with an effective date of July 1, 2018. Monroe County Code (MCC) Section 23-200 sets
forth Monroe County's Tourist Development Plan. In accordance with Chapter 2018-188, the
Tourist Development Plan will be updated to include "public facilities", recognize the
establishment of a special public facility fund and make other changes to coincide with
125.0104, Florida Statutes. The inclusion of"public facilities" in accordance with Chapter 2018-
188 shall be effective July 1, 2018 and any project funded after July 1, 2018 under that category
will be deemed permissible upon adoption of this ordinance. In accordance with Florida law, the
inclusion of"public facilities" retroactively to July 1, 2018, does not violate due process, impair
a vested right, create a new obligation or impose penalties.
Sec. 23-203 provides modifications of the Tourist Development Plan may not be substantially
amended except by ordinance enacted by an affirmative vote of a majority plus one additional
member of the board of county commissioners.
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C.19
PREVIOUS RELEVANT BOCC ACTION: The Board at its March 18, 2009, meeting adopted
Ordinance No. 004-2009 which added a Fourth Cent Tourist Development Tax as a high tourist
impact tax county and amended the plan to implement that Fourth Cent.
The Board at its October 17, 2012, meeting adopted Ordinance No. 033-2012 which added
aquariums to the list of facilities for which tourist development tax revenues may be spent.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance revising sec 23 200 Tourist Management Plan 2023
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Cost of Advertisement of Public Hearing
Current Year Portion:
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No. If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 04/28/2023 4:02 PM
Christine Limbert Completed 05/01/2023 10:17 AM
Purchasing Skipped 04/27/2023 4:47 PM
Budget and Finance Completed 05/01/2023 3:13 PM
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C.19
Brian Bradley Skipped 04/27/2023 4:47 PM
Lindsey Ballard Completed 05/02/2023 9:40 AM
Board of County Commissioners Pending 05/17/2023 9:00 AM
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C.19.a
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ORDINANCE NO. -2023
AN ORDINANCE OF THE BOARD OF COUNTY ai
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 23-200 -TOURIST DEVELOPMENT 0
PLAN OF THE MONROE COUNTY CODE, TO ADD 0
PUBLIC FACILITIES AS A PERMISSIBLE USE OF
TOURIST DEVELOPMENT TAX REVENUES, TO MAKE
REVISIONS TO THE CODE TO COINCIDE WITH THE
PROVISIONS AS SET FORTH IN 125.0104, FLORIDA
STATUTES AND PROVIDING FOR REVISIONS AND U)
CLARIFICATIONS TO THE MONROE COUNTY TOURIST 0
DEVELOPMENT PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCE INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida legislature passed Chapter 2018-188, which added "public facilities" to 0
the authorized uses of tourist development tax revenues as set forth in 125.0104(5), Florida
Statutes (F.S.)with an effective date of July 1, 2018; and
WHEREAS, Monroe County Code (MCC) Section 23-200 sets forth Monroe County's Tourist
Development Plan; and
WHEREAS, in accordance with Chapter 2018-188, the Tourist Development Plan will be
updated to include "public facilities", recognize the establishment of a special public facility
fund and make other changes to coincide with 125.0104, Florida Statutes; and
WHEREAS, the inclusion of"public facilities" in accordance with Chapter 2018-188 shall be
effective July 1, 2018 and any project funded after July 1, 2018 under that category are deemed �+
permissible; and 0
WHEREAS, in accordance with Florida law, the inclusion of"public facilities" retroactively to
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July 1, 2018, does not violate due process, impair a vested right, create a new obligation or M
impose penalties; and
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WHEREAS, Sec. 23-203 provides modifications of the Tourist Development Plan may not be
substantially amended except by ordinance enacted by an affirmative vote of a majority plus one
additional member of the board of county commissioners; 2
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NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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(ADDED LANGUAGE IS NOTED IN UNDERLINED TEXT AND DELETED LANGUAGE
IS NOTED IN ST I ETH O GH TEXT)
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SECTION 1: Section 23-200 shall be amended to read as follows:
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Sec. 23-200. - Tourist development plan. U
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(a)Authorized uses of revenue.
(1) The first two cents of the four-cent tax shall be spent:
a. To promote and advertise Monroe County tourism in this state and nationally and U)
internationally; within demestie and maFk-etRhowever, if tax revenues are 0
expended for an activity, service, venue, or event, the activity, service, venue or event must 0
have as one of its main purposes the attraction of tourists as evidenced by the promotion of the X
activity, service, venue or event to tourist. This includes b-.4to promote and advertise county
festivals, tournaments, races and other tourist-related activities that have as one of its main
purposes the attraction of tourist as evidenced by the promotion of the festival, tournament, >
race and tourist related activity to tourist. c—. It also includes Tto promote county tourist-
oriented cultural events such as visual and performing arts, including but not limited to theater, 0
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concerts, recitals, opera, dance, and art exhibitions that have as one of its main purposes the >
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attraction of tourist as evidenced by the promotion of the cultural event to tourist.
(2) The third cent and the fourth cent of the four-cent tax shall be spent:
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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, auditoriums, auditoriums that are publicly owned but are operated by
organizations that are exempt from federal taxation pursuant to 26 U.S.C. s. 501(c)(3) and E
open to the public, or aquariums and 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 sub-county taxing district in which the tax is levied.
b. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or 0
promote one or more ff�zoological parks, fishing piers or nature centers which are
publicly owned and operated or owned and operated by not-for-profit organizations and open N
to the public. However, these purposes may be implemented through service contracts and N
leases with lessees that have sufficient expertise or financial capability to operate such
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facilities p-e.—Ifflas, --ain and
c. 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 association in the
county, which may include any indirect administrative costs for services performed by the
county on behalf of the promotion agency.
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d. To finance beach park facilities, or beach, channel, estuary or lagoon improvement,
maintenance, renourishment, restoration, and erosion control, including construction of beach E
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groins and shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers
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to which there is public access as those uses relate to the physical preservation of the beach,
shoreline, channel, estuary, lagoon, or inland lake or river. However, any funds identified by a a;
county as the local matching source for beach renourishment, restoration, or erosion control
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projects included in the long-range budget plan of the state's Beach Management Plan, U
pursuant to s. 161.091, Florida Statutes or funds contractually obligated by a county in the 0
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financial plan for a federally authorized shore protection project may not be used or loaned for a
any other Purpose. In counties of fewer than 100,000 population, up to 10 percent of the .2 U)
revenues from the tourist development tax may be used for beach park facilities. >
e. Effective July 1, 2018, Ito Ananee Ashiffg-fner-�—Muire, construct, extend, enlarge,
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remodel, repair, improve, maintain, operate, or finance public facilities within the boundaries a
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of the county or subcounly special taxing district in which the tax is levied, if the public U
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facilities are needed to increase tourist-related business activities in the county or subcounty M
special district and are recommended by the county tourist development council created
pursuant to paragraph (4)(e) of s. 125.0104, Florida Statutes. Tax revenues may be used for
any related land acquisition, land improvement, design and engineering costs, and all other
professional and related costs required to bring the public facility into service. As used in this
subparagraph, the term "public facilities" means major capital improvements that have a life 0
expectancy of 5 or more years, including, but not limited to, transportation, sanitary sewer, >
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solid waste, drainage, potable water and pedestrian facilities. Tax revenues may be used for
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these purposes only if the following conditions are satisfied: C.
1) In the county fiscal year immediately preceding the fiscal year in which the tax CN
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revenues were initially used for such purposes, at I east $10 million in tourist development tax
revenue was received;
2) The Monroe County Board of County Commission approved the use for the E
proposed public facilities by a vote of at least two-thirds of its membership;
3) No more than 70 percent of the cost of the proposed public facilities will be paid for
with tourist development tax revenues, and sources of funding for the remaining cost are
identified and confirmed by the Monroe County Board of County Commission; 0
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4) At least 40 percent of all tourist development tax revenues collected in the counter N
spent to promote and advertise tourism as provided by this subsection and in accordance with
s. 125.0104(5), Florida Statutes; and
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5) An independent professional analysis, performed at the expense of the county tourist U)
development council, demonstrates the positive impact of the infrastructure project on tourist- >
related businesses in the county.
f. To advertise and promote the district and/or the county in this state and nationally and
internationally; within lieffies, e a A n ffiafke�&however, if tax revenues are 0
expended for an activity, service, venue, or event, the activity, service, venue or event must
have as one of its main purposes the attraction of tourists as evidenced by the promotion of the E
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activity, service, venue or event to tourist. #—This includes Ito promote and advertise county L_
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festivals, tournaments, races and other tourist-related activities that have as one of its main
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purposes the attraction of tourist as evidenced by the promotion of festival, tournament, race
and tourist related activity to tourist. I+-. It also includes T-to promote county tourist-oriented
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cultural events such as visual and performing arts, including but not limited to theater, U
concerts, recitals, opera, dance, and art exhibitions that have as one of its main purposes the 0
attraction of tourist as evidenced by the promotion of the cultural event to tourist.
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(3) the authorized uses of revenue include those as set forth in F.S. 125.0104, as amended.
(b)Percent allocations.
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(1) Five percent of the first two cents gross revenue shall be held outside of the receipts
division of the budget as per F.S. § 129.01. M
(2) Up to seven percent of the first two cents net revenue of the resort tax two-penny program
prior to distribution is to be used for the administrative contract, board members travel,
administrative computer programming, dues and subscriptions, statistics, administrative
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advertising (meeting notices, budget amendments, etc.).
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(3) Sixty-five percent of the first two cents net revenue is for advertising nationally and
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internationally, trade mail fulfillment, and trade show expenditures. C.
(4) The remaining 35 percent of the first two cents net revenue constitute the events budget, CNCD
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including public relations fees and expenses and mail fulfillment consumer expenses.
(5) Five percent of the third- and fourth-cent gross revenue shall be held outside of the receipts
division of the budget as per F.S. § 129.01. E
(6) Up to three percent of the third- and fourth-cent net revenue shall be maintained for
administration of third- and fourth-cent expenditures.
(7) A separate account shall be established for the special public facilities projects and funds 0
will be set aside for this purpose. Special public facility projects upon the recommendation of CD
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the TDC and approval of the Monroe County Board of County Commission will be funded by CN
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this separate account. CN
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(a-7) Upon recommendation of the advisory board for the district, the remaining balance of the
third- and fourth-cent net revenue shall be expended for the district from which it is generated
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or for other districts upon the recommendation of the advisory board for the purposes >
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authorized in subsection (a)(2), above, but the advisory board shall have no final authority to
require implementation of its recommendation.
(8) A separate account shall be established for the administration of the third- and fourth-cent 0
gross revenues.
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(9) In the event that an emergency or catastrophe occurs and a state of emergency is declared
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in any area of the county, the allocations listed in subsection (b) of this section shall not apply
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to the use of tourist development monies set aside for emergencies and catastrophes. The
catastrophic/emergency fund may be spent for marketing, public relations and capital costs as
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the board of county commissioners, upon recommendation of the TDC, shall deem in the best U
interests of the county. 0
(c)Advance registration costs. Costs of advance registrations for trade shows for a fiscal year U)
may be paid out of tourist development funds in the preceding fiscal year pursuant to
resolution of the board of county commissioners.
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SECTION 5: SEVERABILITY. If any portion of this ordinance is for any reason held invalid a
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or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable X
to any person,property or circumstances, such holding shall not affect its applicability to any other 0-
person, property or circumstances.
SECTION 6: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 0
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SECTION 7: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of State and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 21" day of June 2023. CL
Mayor Craig Cates
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Mayor Pro Tem Holly Merrill Raschein
Commissioner Michelle Lincoln
Commissioner James K. Scholl
Commissioner David Rice
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
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