HomeMy WebLinkAboutItem Q2 Q2
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
September 10, 2025
Agenda Item Number: Q2
2023-4460
BULK ITEM: No DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert
Public Hearing
AGENDA ITEM WORDING: 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
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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 approved advertising of this public hearing to consider adoption of this ordinance at their
8/20/25 meeting.
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.pdf
Business Impact Estimate Ordinance authorizing use of funds for local ad regarding economic and other
benefits of tourism.docx
NOI TDC Local Advertisements Final.docx
FINANCIAL IMPACT:
N/A
7510
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
7511
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 STDI ET-14 O G14 TEXT-
(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
7512
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 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
APPROVED AS TO FORM
CHRISTINE LIMBERT-BARROWS
SR.ASSISTANT COUNTY ATTORNEY
DATE'_&21.12-5
Page 3 of 3
7513
AOIIU,
BUSINESS IMPACT ESTIMATE'
Meeting Date: September 10,2025
Proposed Ordinance Title/Reference: An ordinance revising Sec. 23-200 Tourist Development Plan of the
Monroe County Code to specifically include local advertisements that promote tourism by advising of the
economic and other benefits of tourism in accordance with F.S. 125.0104,Florida Statutes.
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:
This Ordinance amends the Tourist Development Plan to allow for Tourist Development Tax(TDT)
revenues to be used for local advertisements that promote tourism by advising of the economic and other
benefits of tourism.The ordinance makes the requisite finding by the Board of County Commissioners that
these types of advertisements promote tourism in accordance with F.S. 125.0104.The public purpose is to set
forth the permissible uses of Tourist Development Tax Revenues in accordance with the Monroe County
Tourism Development Plan and F.S. 125.0104.
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:No new change/fees will be imposed by this ordinance.
C. Estimate of Regulatory Costs:No regulatory costs will be imposed by this ordinance.
Good Faith Estimate of Number of Businesses Likely Impacted: None. Businesses are not likely to be
impacted by this ordinance. Tourist-related and media businesses may be positively impacted by these
advertisements.
Any Additional information:
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)
7514
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 10,2025,at 9:00
A.M. or as soon thereafter as the matter may be heard, at the Nelson Government Center, 102050
Overseas Highway, Key Largo, 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
23-200 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.
The proposed ordinance may be inspected by the public at the Monroe County website by viewing the
agenda packet for the September 10, 2025, meeting, which will be posted beginning on August 12, 2025
at: �, ://mor:rocourrotvil,.,xc m2.coarY/ci�% �r: /�:�.i :1t.a , .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 September 10, 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
1;„,JJll 1„ ,��,ar°��,�„ �....!I y ...ll;1„ „a�„ ,ll,�1J1;,���,�,��,,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 @
ralt g,21 for meetings of the Monroe County Board of
County Commissioners.
Dated at Key West, Florida, this 23,d day of August, 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., 08/23/2025
Keys Weekly: Thur., 08/28/2025
News Barometer: Fri., 08/29/2025
7515