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Home My WebLink AboutItem R1 R1 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: R1 2023-3947 BULK ITEM: No DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Christine Limbert-Barrows AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance to Amend Section 23-199 of the Monroe County Code to revise provisions to modify the submission date of the Tourist Development Council(TDC)Annual Report to be within 30 days after the completion of the County's Audited Financial Statements which occurs on or about March 31. ITEM BACKGROUND: Per Monroe County Code (MCC) Section 23-199(c)(2) an annual report shall be prepared by the Tourist Development Council(TDC) and submitted to the Board of County Commissioners (BOCC) and general public and media within 120 days from the close of the fiscal year. The County's audited financial statement are finalized with final year end information on or about March 31 st upon the completion of the County's Annual Comprehensive Financial Report. The audited financial statements use to prepare the TDC annual report are not available until that time so in order to be able to accurately report on items in the TDC annual report, it is best to change the required date of submission from within 120 days after the close of the fiscal year to within 30 days after completion of the audited financial statements which occurs on or about March 31 st. This Ordinance proposes to revise Section 23-199(c)(2) to modify the language to change the submission date of the TDC Annual Report to within 30 days of March 31st. PREVIOUS RELEVANT BOCC ACTION: The BOCC enacted this section of the code in 1988 (Ord. No. 15-1988) § 1; It has been revised by the BOCC via approval of Ord. No. 3-1990, § 1; Ord. No. 45-1995, § 1; Ord. No. 50-1996, § 1; Ord. No. 38-1999, §§ 14; Ord. No. 052-2000, § 1; Ord. No. 019-2006, § 1; Ord. No. 009-2010, § 1; Ord. No. 006-2008, §§ 14; Ord. No. 001-2025, § The BOCC granted approval to advertise this Public Hearing at its April 16th, 2025 BOCC meeting. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: 4784 N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Ordinance Revising See 23-199 to modify the date of submission of the TDC annual report 4 2025 pdf Business Impact Estimate 23-199 TDC Annual Report.docx NOI Submission of TDC Annual Report for 5 2125 PH.docx FINANCIAL IMPACT: None. 4785 ORDINANCE NO. -2025 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 MODIFY THE SUBMISSION DATE OF THE TDC ANNUAL REPORT TO BE WITHIN 30 DAYS OF THE COMPLETION OF THE AUDITED FINANCIAL STATEMENTS WHICH OCCURS ON OR ABOUT MARCH 31ST; 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, Per Monroe County Code (MCC) Section 23-199(c)(2) an annual report shall be prepared by the Tourist Development Council (TDC) and submitted to the Board of County Commissioners (BOCC) and general public and media within 120 days from the close of the fiscal year; and WHEREAS, the County's audited financial statement are finalized with final year end information on or about March 31st upon the completion of the County's Annual Comprehensive Financial Report; and WHEREAS, the audited financial statements use to prepare the TDC annual report are not available until that time so in order to be able to accurately report on items in the TDC annual report, it is best to change the required date of submission from within 120 days after the close of the fiscal year to within 30 days after completion of the audited financial statements which occurs on or about March 31 st; and WHEREAS, This Ordinance proposes to revise Section 23-199(c)(2)to modify the language as set forth below; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 23-199(c)(2)- 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 FaunO GH TEXT): (2) An annual report shall be prepared by the tourist development council and submitted to the board of county commissioners and general public and media within 4-2-9 30 days from March 3ISt toe el se f the f4se l yeaf. The report shall include the following: a. A report of all revenue by category separation; b. A report of all expenditures by category separation; Page 1 of 2 4786 c. Reservations and carry-overs by category required by law; d. Reservations and carry-overs by category accumulated for specifically approved proj ects; e. A comparison of current report year with immediate past fiscal year; f. A listing of all events or projects funded by district; and g. The ratio of administrative expenses to overall expenditures. 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. 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 May 2025. Mayor James K. Scholl,District 3 Mayor Pro Tem Michelle Lincoln, District 2 Commissioner Craig Cates, District 1 Commissioner David Rice, District 4 Commissioner Holly Merrill Raschein, District 5 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor MONROE COUNTY ATTORNEY APPRIOVED AS TO FORM Page 2 of 2 f lu {1!twLL! CHRISTINE LIMBERT-BARROWS SR.ASSISTANT COUNTY ATTORNEY DATE:_3/31/25w._..._. 4787 �,*�-t4'w BUSINESS IMPACT ESTIMATE' Meeting Date: May 21,2025 Proposed Ordinance Title/Reference: Ordinance amending Section 23-199- Monroe County Tourist Development Council(TDC) 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 modify language to change the submission date for the TDC Annual Report to be 30 days after 3/31 which is the date the Annual Comprehensive Financial Report is completed.. 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) 4788 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 21,2024,at 9:00 A.M. or as soon thereafter as the matter may be heard,at the Harvey Government Center, 1200 Truman Avenue, Key West, 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 (BOCC) OF MONROE COUNTY, FLORIDA, AMENDING SECTION 23-199 MONROE COUNTY TOURIST DEVELOPMENT COUNCIL (TDC)OF THE MONROE COUNTY CODE,TO REVISE PROVISIONS TO MODIFY THE SUBMISSION DATE OF THE TDC ANNUAL REPORT TO BE WITHIN 30 DAYS OF THE COMPLETION OF THE AUDITED FINANCIAL STATEMENTS WHICH OCCURS ON OR ABOUT MARCH 31; 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. The proposed ordinance may be inspected by the public at the Monroe County website by viewing the agenda packet for the May 21, 2025, meeting, which will be posted beginning on May 16, 2025 at: 0t:;;0..(c0u;r;tytl xclx; Y� cx � t 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 May 21,2025,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 j!j,.:,//u,�1, ,��„ar°o�",t;,,ol,�„ ,; ;,,a°, ,ll,1„ ,a`, u 1J„ „ J , „ „ „a, , ,1; ,• 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 @ ( ti: y, for meetings of the Monroe County Board of County Commissioners. Dated at Key West, Florida, this 3 d day of May, 2025. (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 Citizen: Sat., 05/03/2025 Keys Weekly: Thur., 05/01/2025 News Barometer: Fri., 05/02/2025 4789