HomeMy WebLinkAboutItem D01 D1
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
August 20, 2025
Agenda Item Number: DI
2023-4295
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert
N/A
AGENDA ITEM WORDING: Approval to Advertise to hold a Public Hearing to consider adoption
of an Ordinance Amending Section 23-200 Tourist Development Plan of the Monroe County Code to
revise provisions to specifically include local advertisements that promote tourism by advising of the
economic and other benefits of tourism in accordance Sec. 125.0104, Florida Statutes.
ITEM BACKGROUND:
Monroe County Code (MCC) Section 23-200 sets forth the tourist development plan and the authorized
uses of tourist development tax (TDT)revenues. The County contracts with 3406 North Roosevelt
Blvd. Corporation d/b/a Visit Florida Keys (VFK) for the provision of operating an executive office for
the Tourist Development Council(TDC) and tourism promotion in accordance with Monroe County
Code Sections 23-199(d) and (e). In an effort to promote tourism locally and educate the community on
the economic benefits of tourism, advertisements have been published in local newspapers as well as
online and in social media posts.
In order to specifically allow and authorize TDT revenues to be used for these types of promotion of
advertising, an draft ordinance will be placed before the Board of County Commissioners (BOCC) for
its consideration. The draft ordinance (attached) includes a BOCC finding that advising and educating
the local community and general public on the benefits of tourism promotes tourism in accordance with
F.S. 125.0104.
It is suggested that advertising the positive impacts of tourism not only educates the local community
which may result in more favorable reception of visitors, but that such ads can also be a persuasive
factor for visitors and potential visitors to travel and return when considering meaningful travel that has
positive effects on the economic vitality of the Florida Keys and Key West community. Other
destinations, such as Pinellas County, have also launched similar campaigns which emphasize visitor
1994
spending as both an economic driver and tax saving to the local residents.
In accordance with the limitations of F.S. 106.113, which prohibits local government or persons acting
on behalf of local governments from expending or authorizing the expenditure of public funds for
political advertisement or any other communication sent to electors considering an issue, referendum or
amendment that is subject to a vote of the electors, a reference to this statutory provision will be
included to ensure compliance in the event that any issue, referendum becomes subject to a vote of the
electors.
This Ordinance proposes to revise MCC Section 23-200(a)(1)(a.) to modify the language to specifically
allow and authorize local advertisements that promote tourism by advising of the economic and other
benefits of tourism as permissible so long as the limitations imposed by F.S. 106.113 are adhered to.
TDC recommended approval at their July 29, 2025 Meeting.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC has approved various revisions to Monroe County Code Sec. 23-200.
See Ord. No. 15-1988; Ord. No. 17-1988; Ord. No. 5-1990; Ord. No. 17-1990; Ord. No. 28-1990; Ord.
No. 19-1991; Ord. No. 3-1993; Ord. No. 20-1993; Ord. No. 20-1994; Ord. No. 31-1998; Ord. No. 004-
2009; Ord. No. 033-2012; Ord. No. 011-2023.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance Revising Sec 23-200 to specifically include local ads as promotion of tourism-Final
Draft.docx
FINANCIAL IMPACT:
N/A
1995
ORDINANCE NO. -2025
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS (BOCC) OF MONROE COUNTY,
FLORIDA, AMENDING SECTION 23-200 TOURIST
DEVELOPMENT PLAN OF THE MONROE COUNTY
CODE, TO REVISE PROVISIONS TO SPECIFICALLY
INCLUDE LOCAL ADVERTISEMENTS THAT PROMOTE
TOURISM BY ADVISING OF THE ECONOMIC AND
OTHER BENEFITS OF TOURISM IN ACCORDANCE
WITH § 125.0104, FLORIDA STATUTES; 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.
WHEREAS, Monroe County Code (MCC) Section 23-200 sets forth the tourist
development plan and the authorized uses of tourist development tax (TDT)revenues; and
WHEREAS, the County contracts with 3406 North Roosevelt Blvd. Corporation d/b/a
Visit Florida Keys (VFK) for the provision of operating an executive office for the Tourist
Development Council(TDC) and tourism promotion in accordance with Monroe County Code
Sections 23-199(d) and (e); and
WHEREAS, in an effort to promote tourism locally and educate the community on the
economic benefits of tourism, advertisements have been published in local newspapers as well as
online and in social media posts; and
WHEREAS, the Board of County Commissioners finds that advising and educating the
local community and general public on the benefits of tourism promotes tourism in accordance
with F.S. 125.0104; and
WHEREAS, advertising the positive impacts of tourism not only educates the local
community which may result in more favorable reception of visitors, but it also can be a
persuasive factor for visitors and potential visitors to travel and return when considering
meaningful travel that has positive effects on the economic vitality of the Florida Keys and Key
West community; and
WHEREAS, other destinations, such as Pinellas County, have also launched similar
campaigns which emphasize visitor spending as both an economic driver and tax saving to the
local residents; and
WHEREAS, in accordance with the limitations of F.S. 106.113, which prohibits local
government or persons acting on behalf of local governments from expending or authorizing the
expenditure of public funds for political advertisement or any other communication sent to
electors considering an issue, referendum or amendment that is subject to a vote of the electors, a
reference to this statutory provision will be included to ensure compliance in the event that any
issue, referendum becomes subject to a vote of the electors; and
Page 1 of 3
1996
WHEREAS, This Ordinance proposes to revise MCC Section 23-200(a)(1)(a.) 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 23-200(a)(1)(a.) shall be revised to read as follows: (Note: ADDED
LANGUAGE IS NOTED IN UNDERLINED TEXT AND DELETED LANGUAGE IS NOTED
IN S T-RI E T-14RO G14 TEX4 :
(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 and
internationally; 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 to 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. It also includes to
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. Local advertisements
that promote tourism by advising of the economic and other benefits of tourism
are permissible so long as the limitations imposed by F.S. 106.113 are adhered to.
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 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.
Page 2 of 3
1997
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the loth day of September 2025.
Mayor James K. Scholl, District 3
Mayor Pro Tern 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
Page 3 of 3
1998