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Item P03 P3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: P3 2023-1019 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Christine Limbert-Barrows Public Hearings AGENDA ITEM WORDING: 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 Public Hearing held on June 21, 2023, BOCC regular meeting is 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. PREVIOUS RELEVANT BOCC ACTION: 3945 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. The Board at its May 17, 2023 meeting approved advertising this Public Hearing. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: NOI TDC Plan Amendment.docx Ordinance revising Sec 23-200 Tourist Development Plan.pdf FINANCIAL IMPACT: N/A 3946 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 21, 2023, at 9:00 A.M. or as soon thereafter as the matter may be heard, at the Murray E.Nelson Government Center, 102050 Overseas Highway,Key Largo,Florida,the Board of County Commissioners of Monroe County,Florida, intends to consider adopting the following ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, 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 ORDINANCES INCONSISTENT HEREWITH,AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinance may be inspected by the public at the Monroe County website by viewing the agenda packet for the June 21, 2023 meeting, which will be posted beginning on June 9, 2023 at: l tgp.�[t�g��..... 1.._n.j Z....oni/c tizens/deflau t aspx. The ordinance may also be viewed at the Monroe County Attorney's office at 1111 12th St. Ste. 408 Key West, FL 33040. The public can participate in the June 21, 2023 meeting of the Board of County Commissioners of Monroe County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292- 4441, between the hours of 8:30a.m.-5:00p.m.,prior to the scheduled meeting, if'you are hearing or voice-impaired, call "711': Live Closed-Captioning is available via our web portal @ :d/monroecaunt ��i m2.comlCi�aens/�euC ash for meetings of the Monroe County Board of County Commissioners. Dated at Key West,Florida,this 16'day of May,2023. (SEAL) KEVIN MADOK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of County Commissioners of Monroe County,Florida Publication Dates: Keys Weekly(Thur., 05/25/2023) Keys Citizen (Thur.,05/25/2023) News Barometer(Fri., 05/26/2023) 3947 ORDINANCE NO. -2023 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, 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 PROVISIONS 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 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 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 WHEREAS, 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; and 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; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: (ADDED LANGUAGE IS NOTED IN UNDERLINED TEXT AND DELETED LANGUAGE IS NOTED IN STRIK T-14 OUG14 TEX44 3948 SECTION 1: Section 23-200 shall be amended to read as follows: Sec. 23-200.- Tourist development plan. (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 internationally; within domestie and inter-national mar4ets however, if tax revenues are 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 activity, service, venue or event to tourist. This includes Ito 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, concerts, recitals, opera, dance, and art exhibitions that have as one of its main purposes the 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: 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 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 promote one or more museums, zoological parks, fishing piers or nature centers which 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 that have sufficient expertise or financial capability to operate such 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, which may include any indirect administrative costs for services performed by the county on behalf of the promotion agency. d. To finance beach park facilities, or beach, channel, estuary or lagoon improvement, maintenance, renourishment, restoration, and erosion control, including construction of beach 3949 groins and shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers 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 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, Florida Statutes or funds contractuallobligated 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 fewer than 100,000 population, up to 10 percent of the revenues from the tourist development tax may be used for beach park facilities. e. Effective July 1, 2018, Tto finanee fishing piefs. acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or finance public facilities within the boundaries of the county or subcounty special taxing district in which the tax is levied, if the public facilities are needed to increase tourist-related business activities in the county or subcounty 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 expectancy of 5 or more years, including, but not limited to, transportation, sanitary sewer, solid waste, drainage potable water and pedestrian facilities. Tax revenues may be used for these purposes only if the following conditions are satisfied: 1) In the county fiscal year immediately preceding the fiscal year in which the tax revenues were initially used for such purposes, at least $10 million in tourist development tax revenue was received; 2) The Monroe County Board of County Commission approved the use for the 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; 4) At least 40 percent of all tourist development tax revenues collected in the county are spent to promote and advertise tourism as provided by this subsection and in accordance with s. 125.0104(5), Florida Statutes; and 5, An independent professional analysis, performed at the expense of the county tourist 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 internationally; .within ,a,,,,. esti. and inter-iati.na m.,,-riots however, if tax revenues are 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 3950 activity, service, venue or event to tourist. This includes Tto 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 festival, tournament, race and tourist related activity to tourist. h7 It also includes Tto 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 that have as one of its main purposes the attraction of tourist as evidenced by the promotion of the cultural event to tourist. (3) the authorized uses of revenue include those as set forth in F.S. 125.0104, as amended. (b)Percent allocations. (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. (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 advertising (meeting notices, budget amendments, etc.). (3) Sixty-five percent of the first two cents net revenue is for advertising nationally and internationally, trade mail fulfillment, and trade show expenditures. (4) The remaining 35 percent of the first two cents net revenue constitute the events budget, 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. (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 will be set aside for this purpose. Special public facility_projects upon the recommendation of the TDC and approval of the Monroe County Board of County Commission will be funded by this separate account. (F) 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 or for other districts upon the recommendation of the advisory board 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. 3951 (9) In the event that an emergency or catastrophe occurs and a state of emergency is declared in any area of the county, the allocations listed in subsection (b) of this section shall not apply 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 the board of county commissioners, upon recommendation of the TDC, shall deem in the best interests of the county. (c)Advance registration costs. Costs of advance registrations for trade shows for a fiscal year may be paid out of tourist development funds in the preceding fiscal year pursuant to resolution of the board of county commissioners. SECTION 5: SEVERABILITY. If any portion of this ordinance is for any reason held invalid 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 to any person,property or circumstances, such holding shall not affect its applicability to any other 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. 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 21s'day of June 2023. Mayor Craig Cates Mayor Pro Tem Holly Merrill Raschem Commissioner Michelle Lincoln Commissioner James K. Scholl Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor MONROE COLM'TY A'S"P 01WEY 1411 ie11 Z CHRIS11NE LIMBERT-BARROWS AWSTANT COUNTY ATTORNR3Y DA"TF,'. 5/17/23 3952