Item D07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: FEBRUARY 18, 2009 Division: TDC
Bulk Item: Yes x No _ Department:
Staff Contact Person/Phone #: Maxine Pacini — 296-1552
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance amending sections 2-297(A) and 2-300(A) and
(B) of the Monroe County Code.
ITEM BACKGROUND:
The intent of this ordinance is to add a fourth cent tourist development tax; amending the tourist
development plan in sections 2-297(A) and 2-300(A) and (B) of the Monroe County Code; 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. On
January 27, 2009, the Tourist Development Council unanimously voted to recommend approval of the
ordinance to the Board of County Commissioners.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATIONS:
Approval to advertise a public hearing to be held in Marathon on March 18, 2009
TOTAL COST:N/A INDIRECT COST: N/A BUDGETED: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
ORDINANCE NO. -2009
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 2.297(A) OF THE
MONROE COUNTY CODE TO ADD A FOURTH CENT TOURIST
DEVELOPMENT TAX; AMENDING THE TOURIST DEVELOPMENT PLAN IN
SECTION 2-300(A) AND (B) OF THE MONROE COUNTY CODE;
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, since 1988, Monroe County has collected three pennies of tourist
development tax; and
WHEREAS, the economy of the Florida Keys is heavily dependent on the
success of the lodging and tourism industries for its health; and
WHEREAS, Section 125.0104(3)(m), Florida Statutes, pars: of the Florida
Local Option Tourist Development Act, permits the Board of County Commissioners
to levy an additional one cent tourist development tax in the manner prescribed in
the statute; and
WHEREAS, Monroe County qualifies as a high tourism impact county based
on Florida Department of Revenue information for calendar years 2007 and 2008;
and
WHEREAS, it is desirable to put into place at this time an additional one cent
tourist development tax in order to provide additional revenue for any of the
acceptable purposes listed under Section 125.0104(5), Florida Statutes;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
[PROPOSED TEXT CHANGES are presented In stFllkethr-euo to indicate
deletions and underline to Indicate additions.]
Section 1. Section 2-297(A) of the Monroe County Code is hereby
amended to read as follows:
(A) There shall be levied through the incorporated and
unincorporated areas of Monroe County, Florida, a tourist development
tax at a rate of three-(3) four 4 percent of each whole and major
fraction of each dollar of the total rental charged every person who
rents, leases or lets for consideration any living quarters or
accommodations in any hotel, apartment hotel, motel, resort motel,
apartment motel, rooming house, tourist or trailer camp or
condominium for a term of six (6) months or less. When receipt of
consideration is by way of property other than money, the tax shall be
levied on the fair market value of such nonmonetary consideration.
Section 2. Section 2-300(A), Monroe County Code, is hereby amended to
read as follows:
(A) Authorized Uses of Revenue.
(1) The first two cents ($0.02) of the ##r-ee- four -cent tax shall be
spent:
(a) To promote and advertise Monroe County tourism within
domestic and international markets.
(b) To promote county festivals, tournaments, races and
other tourist -related activities.
(c) To promote county tourist -oriented cultural events such
as visual and performing arts, including but not limited to
theater, concerts, recitals, opera, dance, and art
exhibitions.
(2) The third cent ($0.03) and the fourth cent ($0.04) of the ##r-ee-
four-cent tax shall be spent:
(a) To acquire, construct, extend, enlarge, remodel, repair,
improve, maintain, operate or promote one (1) or more
publicly owned and operated convention centers, sports
stadiums, sports arenas, coliseums or auditoriums, within
the boundaries of the county or sub -county special taxing
district in which the tax is levied.
(b) To acquire, construct, extend, enlarge, remodel, repair,
improve, maintain, operate or promote one (1) or more
museums, zoological parks, fishing piers or nature
centers which are publicly 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 persons who maintain and
operate adequate existing facilities.
(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.
(d) To finance beach improvement, maintenance,
renourishment, restoration, and erosion control.
(e) To finance fishing piers.
(f) To advertise and promote the district and/or the county
within domestic and international markets.
(g) To promote county festivals, tournaments, races and
other tourist -related activities.
(h) To promote county tourist -oriented cultural events such
as visual and performing arts, including but not limited to
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theater, concerts, recitals, opera, dance, and art
exhibitions.
Section 3. Section 2-300(B)(5) through (8), Monroe County Code, are
hereby amended to read as follows:
(5) Five (5) percent of the third- and fourth -cent gross revenue shall
be held outside of the receipts division of the budget as per
Section 129.01, Florida Statutes.
(6) Up to three (3) percent of the third- and fourth -cent net revenue
shall be maintained for administration of third- and fourth -cent
expenditures.
(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 for the
purposes 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 gross revenues.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
SectSeclo n 5. 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 6. 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. The effective date of the levy and
imposition of the tax authorized under this ordinance shall be the first day of the
second month following approval of the ordinance of the Board of County
Commissioners.
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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 March, 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By: Deputy Cleric
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Mayor/Chairperson
MONROE COUNTY ATTORNEY
A�PROVED QS !gO
R
YN HIA L. HALLASSIVANTCO'
Date- CM ATTORNEY
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