Item O12 012
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE 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
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: 012
2023-1513
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
AGENDA ITEM WORDING: Discussion and direction about whether the Board would support the
use of a legislative change allowing Tourist Development Taxes to fund affordable housing projects
and, if so, whether the Board desires to defer accepting applications for use of surplus funds for other
qualifying infrastructure projects until after the 2024 Legislative session.
ITEM BACKGROUND:
Tourism is the County's leading industry in terms of employment and economic impact. Tourist-related
businesses, including the lodging industry, often cannot find a sufficient number of employees due to
the shortage of workforce housing, as the Florida Keys have been suffering from a shortage of
affordable housing for its workforce for decades. The County collects a 4-cent Tourist Development
Tax ("TDT" also known as the "bed tax") for every dollar spent on hotel rooms and other lodging.
While the County collects an additional 1-cent "tourist impact tax" under F.S. 125.0108, the funds
collected under that statute and allocated for affordable housing have yet to sufficiently address the
affordable housing needs of the tourist industry employees.
The use of the TDT revenues is limited to those uses specified in statute. Previously, the Board has
discussed supporting the use of TDT revenues for affordable housing. The County Attorney's office has
opined that the statute, as currently written, does not allow for this use. One of the uses that is
authorized is the authority to spend a portion of those funds to acquire, develop, and finance "public
facilities" if those facilities "are needed to increase tourist-related business activities in the county" . . .
"and are recommended by the county tourist development council." F.S. 125.0104(5)(a)(6). That statute
goes on to condition the use of TDTs for public facilities if certain criteria are met. The County has
approved a capital application process whereby applicants, including the County, seek funding for
various capital projects as specified in F.S. 125.0104(5). Currently, there is a surplus of TDT funding
which can be used for this purpose.
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This preliminary discussion will focus on whether the Board is interested in supporting a legislative
change during the 2024 legislative session that would allow using some portion of TDTs to fund
affordable housing. Additionally, the County Attorney's office would request direction in the use of the
TDT surplus funds. The BOCC may hold the surplus funds and roll those funds into the next year,
should the legislative change come to fruition or the TDC may allow applications to be accepted for the
use of those surplus funds for public facilities on October 1, 2023.
Any decisions would require, at a minimum, future action by the BOCC that would be based, in part,
upon recommendations of the Tourist Development Council.
PREVIOUS RELEVANT BOCC ACTION:
12/07/2022 BOCC discussed whether the Board would support the use of Tourist Development Taxes
to fund affordable housing projects if that is determined to be a permissible use of funds as a "public
facility".
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION:
DOCUMENTATION:
FINANCIAL IMPACT:
Discussion has no fiscal impact.
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