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HomeMy WebLinkAboutItem D06 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District 1 James K. Scholl,District 3 - Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: D6 26-3220 l BULK ITEM: No DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Kara Franker or Christine Limbert Barrows AGENDA ITEM WORDING: Discussion and Direction and Approval to Advertise a Public Hearing to be held July 15, 2026 to consider adoption of an ordinance amending Sec. 23-199 of the Monroe County Code to add terms limits, to add the Fishing Advisory Committee and the Dive/Ecotourism Advisory Committee and to revise related appointment provisions. ITEM BACKGROUND: F.S. 125.0104(4) and Monroe County Code (MCC) Section 23-199 set forth the composition of members of the Monroe County Tourist Development Council(TDC). In an effort to implement a succession plan and to also address Destination Marketing Accreditation Program (DMAP)provisions, the TDC reviewed the code and TDC Operations Manual as it relates to the member composition of the TDC and advisory committees. The TDC has reviewed and considered imposing term limits on members of the TDC, and the District Advisory Committees (DACs), Fishing Advisory Committee (FAC) and the Dive/Ecotourism advisory committee and has recommended imposing term limits as set forth herein. This ordinance also adds chamber of commerce executive directors as non-voting members on the advisory committees and standardizes the appointment process by the nominating committee. Add New Term Limits to MCC §23-199(b)(2) for TDC Members as set forth below: TDC Members who are appointed to the TDC board as tourist or lodging members shall serve a maximum of two four-year terms with no possible extension (4-year term is per state statute). TDC Members who are appointed to the TDC board as elected officials shall not be limited to two four-year terms. After serving two consecutive terms, a person shall be eligible to be appointed to the TDC following a two-year break in service. Term limits will be prospective applied. (Current tern limits will begin upon passage of the ordinance by the BOCC) In accordance with F.S. 125.0104, all appointments must be approved by the BOCC. TDC Members serve at the pleasure of the BOCC and may be removed at any time in accordance with MCC Section 23-199(b)(2). Add New Term Limits to MCC §23-199(f) for advisory committees (DAC,FAC, and Dive/Ecotourism Advisory Committee) A. Term-limit structure: DAC members may serve a maximum of two four-year terms. Members may be reappointed for a one-year extension if no qualified candidate is available. Term limits will be prospectively applied. After serving two consecutive terms, a person shall be eligible to be appointed to the DAC following a two-year break in service. B. Add Chamber Executive Director as non-voting Ex Officio Member to the DACs. C. Standardize nominating committees across DACs, FAC, and Dive/Ecotourism advisory committee. The FAC and Dive/Ecotourism advisory committees which have been previously established and are set forth in the TDC Operations Manual are now being added to the MCC under the provisions related to the DACs. This Ordinance also revises provisions relating to the appointment process in order to standardize the nominating committees for the DACs, FAC and Dive/Ecotourism advisory committee. PREVIOUS RELEVANT BOCC ACTION: The Board discussed potential changes at its 8/20/25 Meeting when it discussed the TDC &VFK Stretegic Plan. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to advertise Public Hearing. DOCUMENTATION: Ordinance amending Sec. 23-199 of the Monroe County Code to add terms limits, to add the Fishing Advisory Committee and the Dive/Ecotourism Advisory Committee and to revise related appointment provisions. Business Impact Statement FINANCIAL IMPACT: N/A Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: No ORDINANCE NO. -2026 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 ADD TERM LIMITS; TO ADD THE FISHING ADVISORY COMMITTEE AND DIVE/ECOTOURISM ADVISORY COMMITTEE TO THE CODE AND TO REVISE RELATED APPOINTMENT PROVISIONS; 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, F.S. 125.0104(4) and Monroe County Code (MCC) Section 23-199 set forth the composition of members of the Monroe County Tourist Development Council (TDC); and WHEREAS, the TDC has reviewed and considered imposing term limits on members of the TDC, and the District Advisory Committees (DACs), Fishing Advisory Committee (FAC) and the Dive/Ecotourism advisory committee and has recommended imposing term limits as set forth herein; and WHEREAS, the FAC and Dive/Ecotourism advisory committees which have been previously established and are set forth in the TDC Operations Manual are now being added to the MCC under the provisions related to the DACs; and WHEREAS, this ordinance adds chamber of commerce executive directors as non-voting members on the advisory committees; WHEREAS, this Ordinance also revises provisions relating to the appointment process in order to standardize the nominating committees for the DACs, FAC and Dive/Ecotourism advisory committee; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Sec. 23-199(b)(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-RIKET-14ROUG14 TEXT): (2) The members of the council shall serve for staggered terms of four years. Except for elected officials, TDC members are limited to serve a maximum of two four-year terms. After a two-year break in service, termed out members may be eligible for reappointment by the BOCC for a new two four-year term. Term limits will be prospective applied beginning on October 1, 2026. Members of the council serve at the pleasure of the board of county commissioners (BOCC). Removal shall be approved by affirmative vote of at least three members of the BOCC. The council shall meet at least Page 1 of 4 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. SECTION 2: Sec. 23-199(f)- shall be amended to read as follows: (f) Advisory committees shall be created to make recommendations to the tourist development council. (1) No more than one district advisory committee(DAC) shall be created for any district as defined in subsection (g) of this section. (2) a. The district advisory committees shall be comprised of nine members, whose qualifications shall be three from the lodging industry, three from tourist-related businesses, and three from the general public. The chamber of commerce executive director in each district shall serve as a non-voting ex officio member on the district advisory committees. Each of the six members from the lodging industry or tourist- related businesses must have their primary place of business in that tax collection district. A seat of one of these members will be considered vacant when the member no longer has his primary place of business in that tax collection district. The members of the advisory committee from the general public will be individuals who either live or work within the tax collection district. A seat of one of these members will be considered vacant when the member neither resides nor has his primary place of business in that tax collection district. b. The fishing advisory committee (FAC) is established to provide recommendation to the TDC and the BOCC regardingc ounty wide funding for tourism related fishing activities and marketing. The FAC shall be comprised of five (5) members, one from each of the five districts as defined in subsection (g,) of this section. Each member must reside full time in the Florida Keys and either have a fishing related business or have knowledge of fishing tournaments. An non-voting ex officio member may be added to the FAC upon affirmative vote by the tourist development council. C. The Dive/Ecotourism advisory committee is established to provide recommendations to the TDC and the BOCC regarding county wide funding for dive and ecotourism activities and related marketing, media, public relations, trade shows and educational initiatives. The Dive/Ecotourism advisory committee shall be comprised of five (5) members, once from each of the five districts as defined in subsection (g) of this section. Each member must reside full-time in the Florida Keys and either own or operate a dive or ecotourism-related business or possess significant knowledge of dive or ecotourism activities. An non-voting ex officio member may be added to the Dive/Ecotourism advisory committee upon affirmative vote by the tourist development council. d. Advisory committee members are limited to serve a maximum of two four-year terms. Members may be reappointed for an additional one-year term if no qualified applicant applies for the seat. After a two-year break in service, termed out members Page 2 of 4 ma, be eligible for reappointment for a new two four-year term. Term limits will be prospective applied berg on October 1, 2026. (3) There shall be a three-person nominating committee for each district for the purposes of making recommendations for appointments to the lodging and tourist-related seats on the district advisory committee of the district and for all members of the FAC and Dive/Ecotourism advisory committee. The term of office for each nominating committee member shall be three years. The nominating committee for each district shall be comprised of: a. Executive Director of the Lodging Association; Oro p ffse appointed by he b. Chair of Oi4e appoiated by the tourist development council; and C. ORO POFSE,, apffi tO by he (-,Chamber of commerce executive director for the district. (4) Appointments to the district advisory board, FAC and Dive/Ecotourism advisory committee, shall be made through the following process: a. Any vacancy on a district advisory committee, FAC and Dive/Ecotourism advisory committee, shall be advertised by the tourist development council administrative office in at least one newspaper of general circulation in the district with a request for applications to fill the position, and a deadline for submission of applications. b. Application forms shall be made available by the administrative office of the tourist development council and district chambers of commerce. c. Applications shall be submitted to the administrative office that shall record the submission and forward the applications to the nominating committee for the district served by the district advisory committee for which applications are received. d. Each district nominating committee shall nominate two or more names in order of preference to the tourist development council for appointments to each vacant lodging or tourist-related position from the applications received through this process, and submit to the administrative office the nominations and a list of all candidates considered. e. All applications received for positions representing the general public shall be forwarded to the board of county commissioners. (5) The tourist development council shall appoint the district advisory members representing lodging and tourist-related businesses for three-year terms from the recommendations submitted by the nominating committees or return the recommendations as rejected and request a new set of recommendations. The board of county commissioners shall appoint the members representing the general public for three-year terms. Page 3 of 4 (6) The district advisory committees, FAC and Dive/Ecotourism advisory committee, shall be bound by the same policies and procedures as apply to the tourist development council. (7) District advisory committee, FAC and Dive/Ecotourism advisory committee members filling terms that expire subsequent to the effective date of the ordinance from which this section is derived shall fulfill their terms. No member of a distFie advisory committee,prior to the effective date of the ordinance from which this section is derived, may be removed because he does not meet this subsection's requirement. All future appointments must be made to bring each committee into conformance with the composition requirements. 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 15th day of July 2026. Mayor Michelle Lincoln, District 2 Mayor Pro Tern David Rice, District 4 Commissioner Craig Cates, District 1 Commissioner James K. Scholl, District 3 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 4 of 4 P f BUSINESS IMPACT ESTIMATE' FFin7g7D7a7te: July 15,2026 Proposed Ordinance Title/Reference: An ordinance revising Sec. 23-199 Monroe County Tourist Development Council to include terms limits and add Fishing Advisory Committees and Dive/Ecotourism advisory committees to the Monroe County Code and revise appointment provisions. The Proposed Ordinance ❑ does E 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 11 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 Monroe County Tourist Development Council(TDC)provisions to add term limits for the TDC,District Advisory Committees(DAC),the Fishing Advisory Committee(FAC), Dive/Ecotourism advisory committee and related appointment provisions. The public purpose is to set forth the term limits and appointment provisions for the TDC,DACs,FAC and Dive/Ecotourism advisory committee. 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. Any Additional Information: R1111-1 .,,,,..rI..r,....-I..r,0-...,,,.,r.......1-4-....1--,th.,..rhP.I,rP