Item D01 D1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
May 15, 2024
Agenda Item Number: D1
2023-2441
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert-Barrows
No
AGENDA ITEM WORDING: Approval to advertise a Public Hearing at the July 17, 2024 meeting
to consider adoption of an Ordinance to revise Section 23-199-Monroe County Tourist Development
Council (TDC) to add language to clarify that members of the TDC serve at the pleasure of the BOCC
and may be removed by affirmative vote of the BOCC.
ITEM BACKGROUND:
The Board of County Commissioners (BOCC) at its April 17, 2024 meeting was presented with an
overview of the Tourist Development Council (TDC).
The BOCC directed staff to revise the Monroe County Code Sec. 23-199-Monroe County Tourist
Development Council to add language to clarify that the members of the TDC serve at the pleasure of
the BOCC. Section 23-199 is being revised, upon that direction, to add language that TDC members
serve at the pleasure of the BOCC and are removal upon affirmative vote of at least 3 members of the
BOCC similar to other County's advisory boards, like the Planning Commission.
PREVIOUS RELEVANT BOCC ACTION:
Board directed staff to revise the Code to clarify that members of the TDC serve at the pleasure of the
BOCC.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
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DOCUMENTATION:
Business Impact Estimate 23-199 TDB members.docx
Ordinance Revising See 23-199 to clarify that TDC members serve at the pleasure of the BOCC and
sets forth removal process-signed.pdf
FINANCIAL IMPACT:
None.
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BUSINESS IMPACT ESTIMATE'
Meeting Date: May 15,2024
Proposed Ordinance Title/Reference: Ordinance amending Section 23-199- Monroe County Tourist
Development Council
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated exceptions:!
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not
limited to, any Federal, State, local, or private grant or other financial assistance accepted by the
county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal
planning, and land development regulation, including zoning, development orders,
development agreements and development permits;
b. Sections 190.005 and 190.046,Florida Statutes,regarding community development districts;
c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The ordinance is required to add language to clarify that members of the TDC service at the pleasure
of the BOCC.This ordinance also sets forth the removal process to be by affirmative vote of at least 3 members
of the BOCC.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs: none
b. New Charges/Fees on Businesses Impacted:none
C. Estimate of Regulatory Costs:none
Good Faith Estimate of Number of Businesses Likely Impacted: none
Any Additional Information:no
Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published.
2 F.S.125.66(3)(c)(2023)
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ORDINANCE NO. -2024
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS (BOCC) OF MONROE COUNTY,
FLORIDA, AMENDING SECTION 23-199 MONROE
COUNTY TOURIST DEVELOPMENT COUNCIL (TDC) OF
THE MONROE COUNTY CODE, TO REVISE PROVISIONS
TO CLARIFY THAT MEMBERS OF THE TDC SERVE AT
THE PLEASURE OF THE BOCC AND MAY BE REMOVED
BY AFFIRMATIVE VOTE OF THE BOCC; 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 Board of County Commissioners (BOCC) at its April 17, 2024 meeting was
presented with an overview of the Tourist Development Council (TDC); and
WHEREAS, the BOCC directed staff to revise the Monroe County Code Sec. 23-199-Monroe
County Tourist Development Council to add language to clarify that the members of the TDC
serve at the pleasure of the BOCC; and
WHEREAS, Section 23-199 is being revised, upon that direction, to add language that TDC
members serve at the pleasure of the BOCC and are removal upon affirmative vote of at least 3
members of the BOCC similar to other County's advisory boards, like the Planning Commission;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 23-199(b)- Monroe County Tourist Development Council shall be
amended to read as follows (Note: ADDED LANGUAGE IS NOTED IN UNDERLINED TEXT
AND DELETED LANGUAGE IS NOTED IN ST- I ET-14 O rGa TEXT-):
(b) The membership of the tourist development council shall be in accordance with the
following provisions:
(1) The Monroe County Tourist Development Council, following the expiration of terms of
its members heretofore established and appointed, shall be composed of nine members.
Eight members of the board shall be appointed by the governing board of Monroe
County based on a percentage of the funds collected throughout the five tax collection
districts, as set forth in subsection (g) of this section. Each tax collection district shall
have no less than one representative on the council. The ninth member of the counci I
shall be the chairman of the governing board of Monroe County or any other member of
the governing board as designated by the chairman. Two members of the council shall
be elected municipal officials, at least one of whom shall be from the most populous
municipality in the county. Six members of the council shall be persons who are
involved in the tourist industry and who have demonstrated an interest in tourist
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development, of which members, not less than three nor more than four shall be owners
or operators of motels, hotels, recreational vehicle parks, or other tourist
accommodations in the county or subject to the tax. Each of the six members of the
council who are involved in the tourist industry shall represent a tax collection district
in which is located the business or businesses that qualify the individual as a lodging or
tourist-related industry representative. All members of the council shall be electors of
the county. The governing board of the county shall allow the council to elect a
chairman. The chairman shall be elected annually and may be reelected.
(2) The members of the council shall serve for staggered terms of four years. Members of
the council serve at the pleasure of the Board of County Commissioners (BOCC).
Removal shall be aproved by affirmative vote of at least three members of the BOCC.
The council shall meet at least once each quarter and, from time to time, shall make
recommendations to the county governing board for the effective operation of the
special projects or for uses of the tourist development tax revenue and perform such
other duties as may be prescribed by county ordinance or resolution.
(3) All district vacancies occurring on the tourist development council shall be filled by a
person who is also qualified under the terms of F.S. § 125.0104(4)(e). In addition to the
vacancies described in subsection (b)(4) of this section, a seat shall also be considered
vacant when a member is no longer an owner, operator,partner, employee or director
of a lodging or tourist-related business in that district or when a member of the council
is removed by affirmative vote of at least three members of the BOCC.
(4) Any member of the tourist development council who absents himself from any three
consecutive regular meetings of said tourist development council, unless excused from
such attendance by consent of the council, expressed by action of record in its official
minutes, or who is absent from a total of four regular meetings of said council in any
fiscal year without having been excused from such attendance by consent of the
council expressed by action of record in its official minutes, shall thereby
automatically forfeit his position and office as a member of the tourist development
council; and the name of such person shall be automatically removed from the
membership of said council immediately after the adjournment of any such third
consecutive meeting or any such fourth meeting in any fiscal year, as the case may be,
at which such member has not appeared. The council shall thereupon promptly notify
the member so removed, and the governing board of Monroe County shall thereupon
appoint a new member to serve the remainder of the unexpired term of the member so
removed.
SECTION 2: 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.
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SECTION 3: 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 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
as an addition or amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
SECTION 5: 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 day of 2024.
Mayor Holly Merril Raschein, District 5
Mayor Pro Tem James K. Scholl, District 3
Commissioner Michelle Lincoln, District 2
Commissioner Craig Cates, District 3
Commissioner David Rice, District 4
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
MON@iOE COUNTY AITORNFY
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ASSISTANT COUNTY AWORKEY
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