Item D08BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 21, 2008 Division: TDC
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of a finding of fact that a "Welcome" Sign has a primary purpose of advertising and
promoting tourism within Monroe County.
ITEM BACKGROUND:
Pending TDC approval on May 13, 2008.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $
COST TO COUNTY: $
REVENUE PRODUCING: Yes X No
BUDGETED: Yes X No
SOURCE OF FUNDS: TDC
AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11/06
AGENDA ITEM #
DATE: May 1, 2008
TO: Monroe County Board of County Commissioners
FROM: Harold Wheeler, TDC Director
RE: Finding of Fact: Welcome Signs as a Permissible TDC
Expenditure
The District V Advisory Committee has discussed funding a "Welcome" sign from
their district budget. They felt that such an expenditure will promote tourism
within the district.
In researching this subject, we found our opinion from then Assistant county
Attorney, Suzanne Hutton, and asked the current Assistant County Attorney,
Cynthia Hall, for a search of Florida Attorney General Opinions.
Assistant County Attorney Hutton's memo and an Office of the Attorney General
Opinion given in September of 2000, states that if the Board of County
Commissioners makes a finding that such expenditure will promote tourism within
the County, Tourist Development tax revenues may be used to construct
welcome signs at various entrances to the area. The opinion stated that the DAC
would need to request to the TDC for a fact finding, and then the TDC would
request the opinion from the Board of County Commissioners.
The District V Advisory Committee requests that the TDC consider a finding of
fact that an expenditure on a welcome sign has a primary purpose of advertising
and promoting tourism within the County. This item is on the May 13h TDC
meeting agenda for approval.
I would request that if the TDC approves this finding of fact at their May
meeting, the BOCC consider the same approval.
If approved the fact finding will cover all districts within the County.
Attached is the opinion from Suzanne Hutton in April 2000.
MEMORANDUM
4LrCFI/Fr_I APR r
T0: Maxine Pacini, TDC
FROM: Suzanne A. Hutton, Assistant County Attorney
DATE: April 13, 2000
RE: Key Largo Welcome Sign.
You have requested by memorandum dated April 7, 2000 an opinion as to
the permissibility of funding a Key Largo sign through advertising and promotion
resources. The determination as to whether a sign in Key Largo advertises and
promotes tourism is not one for me to make. All I can do is advise you that if the
County Commission determines that such a sign has a primary purpose of
advertising and promoting tourism, then it is a permissible use of Tourist
Development Funds.
There are some proposals for use of funds which clearly fit within the statute
or fall outside it. Some of those uses have been addressed through the Attorney
General Opinions or Court Orders. However, I am unaware of any AGO or Court
decision addressing welcome signs. Further, many of the opinions which are
frequently used as guides for determining whether an item is appropriate for TDC
expenditure are based on the premise underlying many opinions that something
is a function owed by a local government to its citizens (such as paved streets,
law enforcement, etc.). A welcome sign does not seem to fall within that
category either, so I am returning the matter to the TDC for a factual
determination as to whether such a sign has a primary purpose of advertising
and promoting tourism. Then the TDC may make a recommendation to the
County Commission on this issue for final determination.
Please call if you have any questions.
SAH/ak