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Backup Documents 07/11/2017 Item #17D 171 COLLIER COUNTY FLORIDA `' Si,.„�',, REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • y '� To: Clerk to the Board: Please place the following as a: o. -(4t N. XXX Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 22,2017 Petition No.(If none,give brief description): Ordinance—Amending TDC Ordinance Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+days before hearing.)July 11,2017(ad to run no later than FRIDAY,June 30,2017) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News 0 Other XXX Legally Required Proposed Text: (Include legal description&common location&Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60,AS AMENDED(THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE)BY AMENDING SECTION TWO, TOURIST DEVELOPMENT PLAN, PROVIDING FOR THE ADOPTION OF AN ADDITIONAL 1% (5”' PERCENT)TOURIST DEVELOPMENT TAX TO BE USED FOR TOURISM PROMOTION,AND AMENDING SECTION 3,USES OF TAX REVENUE,TO REALLOCATE THE TOURIST DEVELOPMENT TAX AS SET FORTH IN SECTION 125.0104, FLA. STAT. AUTHORIZING THE TOURIST DEVELOPMENT TAX AND THE TOURIST DEVELOPMENT PLAN EXHIBIT "A"; DELETING IN THEIR ENTIRETY SECTION FOUR, BALLOT QUESTION, AND SECTION FIVE, USE OF PREVIOUSLY COLLECTED TAX RECEIPTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s),if any&proposed hearing date: N/A Does Petitio Fee include advertising cost? ■ -s XXX No If Yes,what account should be charged for advertising costs: PO#4500171993 Reviewed i : I Iditri lk 1 Division Ad Tni tri r Designee Date List Attachm nt• Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request 1 for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: �, Date Received: 2.1 Date of Public hearing: 1 I I Date Advertised: 1p/ 0 1 7D Patricia L. Morgan From: NeetVirginia <VirginiaNeet@colliergov.net> Sent: Wednesday, June 21, 2017 4:00 PM To: Minutes and Records Cc: Rodriguez, Wanda; Allen, Debbie; Greene, Colleen; Colli, Marian Subject: Ad Request for 7/11/17 BCC Meeting Attachments: Ad Request - TDC Amendment.pdf; Advertising Request - TDC Ordinance - CMG.docx; Proposed Ordinance - TDC Amendment.pdf Ladies: The attached Ordinance will be on the 6/27/17 BCC Agenda for authorization to advertise. If authorized,they want it to be on the 7/11 Agenda for adoption. I have attached the ad request in Word along with a scanned, signed version. Please forward the proof, when ready to Wanda Rodriguez and copy Debbie Allen. Wanda or Colleen Greene will be approving. If for some reason the Board does not authorize the advertisement,Wanda will kill the ad. Wanda will also let you know if Board should revise the ordinance's title on Tuesday, and will approve the revised proof. Please call with any questions. Wanda (8123)—Debbie (8927) Marian: Please clip the ad on Friday, 6/30 and leave on Wanda's desk. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida law,e-mail addresses are public records.if you do not want your e-mail address released in response to a public records request;do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 170 ORDINANCE NO. 2017- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.92-60,AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION TWO, TOURIST DEVELOPMENT PLAN, PROVIDING FOR THE ADOPTION OF AN ADDITIONAL 1% (5th PERCENT) TOURIST DEVELOPMENT TAX TO BE USED FOR TOURISM PROMOTION, AND AMENDING SECTION 3, USES OF TAX REVENUE, TO REALLOCATE THE TOURIST DEVELOPMENT TAX AS SET FORTH IN SECTION 125.0104, FLA. STAT. AUTHORIZING THE TOURIST DEVELOPMENT TAX AND THE TOURIST DEVELOPMENT PLAN EXHIBIT "A"; DELETING IN THEIR ENTIRETY SECTION FOUR, BALLOT QUESTION, AND SECTION FIVE, USE OF PREVIOUSLY COLLECTED TAX RECEIPTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92-60,which levied and imposed a 2%tourist development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the Board levied an additional 3rd and 4th percent tourist development tax; and WHEREAS,the Board,by supermajority vote,desires to amend Section Two of Ordinance No. 92-60, as amended, to provide for the adoption of an additional 1% (5th percent) tourist development tax; and WHEREAS, the Board, by supermajority vote, desires to amend Section Three of Ordinance No. 92-60, as amended, to reallocate tourist development tax funds as set forth in Section 125.0104, Fla. Stat. and the Tourist Development Plan,Exhibit"A", and WHEREAS,the Board,by supermajority vote,desires to repeal Sections Four and Five to remove outdated language regarding the original referendum and imposition of the tourist development tax; and [04-CMG-00002/1346815/1] Words Underlined are added;Words Stivek-Tretrgh are deleted. Page I of 12 170 WHEREAS, the Board intends to seek a bond validation proceeding regarding the development of a Amateur Sports Complex in Collier County; and WHEREAS, the proposed amendments were presented to and recommended for approval by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: THE FOLLOWING SECTIONS OF ORDINANCE NO. 92-60, AS AMENDED, KNOWN AS THE TOURIST DEVELOPMENT TAX ORDINANCE, ARE HEREBY FURTHER AMENDED AS FOLLOWS: Section One: Purpose This ordinance is adopted pursuant to the authority and requirements of Chapter 125.0104, Florida Statutes, for the purpose of levying and imposing the Tourist Development Tax, subject to approval by voters at a referendum election. It is further the intent of this Ordinance to provide for the use of the receipts of the tax imposed by Ordinance No. 90-43 as required by Laws of Florida, Chapters 92-175 and 92-204. Section Two: Tourist Development Tax A. There is hereby levied, imposed and set a tourist development tax throughout the geographic area of the county at a rate of two percent of each whole and major fraction of each dollar of the total consideration charged every person who rents, leases or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, roominghouse, mobile home park, recreational vehicle park, or condominium for a term of six months or less, as provided in Section 125.0104(3)(a), Florida Statutes, as amended, unless such person rents, leases, or lets for consideration any living quarters or accommodations which are exempt according to the provisions of Chapter 212, Florida Statutes. When receipt of consideration is by way of property other than money, the tax shall be levied and imposed on the fair market value of such nonmonetary consideration. B. The tourist development tax shall be in effect until repealed by the Board or repealed by referendum pursuant to Section 126-90 herein and shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes, fees and the considerations for the rental or lease. [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck Through are deleted. Page 2 of 12 _ I 170 C. The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee,tenant, or customer at the time of payment for the consideration for such lease or rental. D. Pursuant to Chapter 212, Florida Statutes, the State Department of Revenue shall keep records showing the amount of taxes collected, which shall also include records disclosing the amount of taxes collected for and from each county in which the tax authorized by this act is applicable. These records shall be open for inspection during the regular office hours of the said department of revenue subject to the provisions of Section 213.053, Florida Statutes. E. Pursuant to Section 125.0104(10), Florida Statutes, the County Tax Collector shall be responsible for the collection and administration of the tax. Collections received by the Tax Collector shall be placed in the County Tourist Development Trust Fund, which shall be established by resolution of the Board of County Commissioners prior to receipt of any tax revenues collected pursuant to this division. F. Pursuant to Section 125.0104(3)(d), Florida Statutes, the Board of County Commissioners by an extraordinary vote hereby levies, sets and imposes an additional one percent tourist development tax (3rd percent) to be collected in the same manner as the two percent tax collected pursuant to this article. G. Pursuant to Section 125.0104(30(1), Florida Statutes, the Board of County Commissioners by a majority vote hereby levies, sets and imposes an additional one percent tourist development tax (4th percent) to be collected in the same manner as the two percent tax collected pursuant to this article. H. Pursuant to Section 125.0104(3)(n),Florida Statutes,the Board of County Commissioners by supermajority vote hereby levies, sets, and imposes an additional 1%tourist development tax (5th percent) to be collected in the same manner as the first 4% of the tax collected percent to this Ordinance. The effective date of this levy and imposition of the tax authorized herein shall be September 1, 2017. Section Three: Uses of Tax Revenues - ' ' - A. The Board may utilize the tourist development tax for all expenditures authorized by laws and may specifically utilize Fund 195 (Beaches) to fund pass and inlet maintenance, and all funding allocations of the tourist development tax must be conducted in compliance with Section 125.0104, Florida Statutes. The tax revenues received pursuant to this ordinance shall be used to fund the Collier County Tourist Development Plan which is attached hereto as Exhibit "A" and which is hereby adopted and incorporated into this ordinance. The Tourist Development [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck-4'hreegh are deleted. Page 3 of 12 170 Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. first day of the second month following approval of this Ordinance by referendum. The tax . $7,000,000.00, less costs of administration. county beginning the first day of January, 1996. A :• . -- - - . . • - Ile - • • -- -- e -. The additional tourist development tax (4th percent) shall be used to finance tourism County, Florida. (1) The categories of use of the two percent,one percent(3rd percent) and additional one percent(4th percent)tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORY A: To finance beach park facilities or beach improvement, maintenance, •- - . . Percentage of Net Revenue • CATEGORY B: To promote and advertise county tourism within the State of Florida, County and to fund convention bureaus, tourist bureaus, tourist are expended for an activity, service, venue or event, the activity, service, event-te-tourists7t [04-CMG-00002/t346815/1] Words Underlined are added;Words SEwsl—Tliroagh are deleted. Page 4 of 12 170 Percentage of Net Revenue 43.138 percent of the two percent tax and 100 percent of the additional CATEGORY C To acquire,construct,extend,enlarge,remodel,repair,improve,maintain, Percentage of Net Revenue 23.978 percent of the two percent tax. Sub categories: . . 4 4 - CATEGORY D: To acquire,construct,extend,enlarge,remodel,repair,improve,maintain, and-operated. Percentage of Net Revenue Amount budgeted for this category by the Board of County - --: ! ass as . the aggregate allocation per fiscal year does not exceed $200,000.00. (2) The additional one percent tax revenues (3rd percent) collected pursuant •. : . - ._ .. , . . . . - , (3) The additional one percent tax (1th percent) collected pursuant to Section 126 - .. . [04-CMG-00002/l346815/I] Words Underlined are added;Words Stwok-Through are deleted. Page 5 of 12 170 _ .. ... ., ,. .., .. .. ... .. (5)B. Administrative costs. The Board may utilize a portion of the tourist development tax to pay for authorized administrative costs. 1. Tourism promotion administrative costs(Fund 191) shall not exceed 32% of the total amount collected each fiscal year for Category "B" Destination Promotion revenue. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 32% of the total revenue for Destination Promotion. Gategeff-2114eveneeT 2. Project Management(Fund 185),Indirect Overhead,and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of revenue for Beaches. Category "A" revenues. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 15%of the total revenue for Beaches Category "A" yes. (6)C. The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of F.S. § 125.0104. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (7)D. The In the event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the [04-CMG-00002/1346815/1] Words Underlines}are added;Words Struck-Trough are deleted. Page 6 of 12 17D County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided herein. (8) Notwithstanding anything to contrary herein, the Board of County - - - C (9) The above and foregoing tourist development plan may not be substantially ' - •- . Pursuant to F.S. § 125.0104, the Board of County Commissioners, by resolution, shall FOR THE TOURIST DEVELOPMENT TAX AGAINST THE TOURIST DEVELOPMENT TAX . . . . . . In accordance with Laws of Fla. chs. 92 175 and 92 204, the tourist tax revenues (1) If the voters approve the imposition of the tourist tax at the referenda provided in •4 - - - expended to finance beach improvement, maintenance, renourishment, - 4f, in section 126 84, the revenue shall be expended for the uses provided in section 126 62. [04-CMG-00002/l346815/1] Words Underlined are added;Words Struck Stfusk-Ttifetigh are deleted. Page 7 of 12 170 Section Sim Four: Tourist Development Council. Pursuant to the provisions of Section 125.0104, Florida Statutes, the Board of County Commissioners established by Chapter 2, Article VIII, Division 10 of this Code an advisory council which is known as the Collier County Tourist Development Council. The council is composed of nine members,the original membership of which have been appointed by the Board of County Commissioners by Resolution No. 92-238,Chapter 2,Article VIII,Division 10 of this Code also sets forth the terms and composition of membership and the responsibilities and duties of the council. Section Seven Five: Penalties for Failure to Collect Any person who is a dealer hereunder who fails or refuses to charge and collect from the person paying any rental or lease the taxes herein provided, either by himself or through his agents or employees, is, in addition to being personally liable for the payment of the tax, guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. Section Eight Six: Penalties for Misrepresentation No person shall advertise or hold out to the public in any manner, directly or indirectly, that he will absorb all or any part of the tax, or that he will relieve the person paying the rental of the payment of all or any part of the tax, or that the tax will not be added to the rental or lease consideration, or when added, that it or any part thereof will be refunded or refused, either directly, or indirectly, by any method whatsoever. Any person who willfully violates any provision of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes. Section Nine Seven: Liens Authorized The tax hereby levied shall constitute a lien on the property of the lessee, customer or tenant in the same manner as, and shall be collectible as are, liens authorized and imposed in Sections 713.67, 713.68 and 713.69, Florida Statutes. Section Ten Eight: Repeal by Referendum Upon the filing of a petition signed by 15 percent,or more,of the electors of the County, the Board of County Commissioners shall cause an election to be held for the repeal of the tax, which election shall be subject only to any outstanding revenue bonds for which the tax has been pledged. [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck ThFeugh are deleted. Page 8 of 12 III 170 Section Eleven Nine: Local Administration of The Tax A. It is the intent of the County to provide for the collection and administration of the tax on a local basis pursuant to Section 125.0104(10), Florida Statutes, which provides for such election of local administration of the tax. It is further the intent of the County to be exempted from those requirements of Section 125.0104, Florida Statutes, that the tax collected be remitted to the department of revenue before being returned to the County. B. The County assumes responsibility for auditing the records and accounts of dealers, and assessing,collecting,and enforcing payment of delinquent tourist development taxes.The County adopts any and all powers and authority granted to the state in Section 125.0104 and Chapter 212, Florida Statutes, to determine the amount of the tax, penalties and interest to be paid by each dealer and to enforce payment of such tax, penalties, and interests by, but not limited to, distress warrants, writ of garnishments and criminal penalties as provided in Chapter 212, Florida Statutes. C. Initial collection of the tax shall continue to be made in the same manner as the tax imposed under Chapter 212, Florida Statutes, Part I (Section 212.01 et seq.). D. The County Tax Collector shall be responsible for the collection and administration of the tax. The person receiving the consideration for such rental or lease shall receive, account for, and remit the tax to the County Tax Collector. The Tax Collector shall keep appropriate records of said funds. The same duties and privileges imposed by Chapter 212, Florida Statutes, upon dealers in tangible property, respecting the collection and remission of tax,the making of returns,the keeping of books,records and accounts,the payment of a dealer's credit in compliance with the rules of the department of revenue in the administration of said Chapter shall apply to and be binding upon all persons who are subject to the provisions of this division; provided, however, the said County Tax Collector may authorize a quarterly return and payment when the tax remitted by the person receiving the consideration for such rental or lease for the preceding quarter did not exceed$100.00. Remittances of the tax and filing of the appropriate return may be done semiannually or seasonally as follows: 1. Facilities rented or leased which generate a total of$300.00 or less of tourist development tax revenue during a six-month period may remit the tax semiannually. The remittance and return filing date shall be between April 1st and April 20th for the six-month rental or lease period ending the preceding March 31st and the remittance and return filing date shall be between October 1st and October 20th for the six-month rental or lease period ending September 30th of each year. 2. The Tourist Development Tax may be remitted seasonally for facilities that are rented or leased only for a total period of three months or less annually. The remittance and return filing date shall be between April 1st and April 20th for [04-CMG-00002/1346815/1] Words Underlined are added;Words are deleted. Page 9 of 12 170 the preceding rental or lease period ending March 31st and the remittance and return filing date shall be between October 1st and October 20th for the preceding rental period ending September 30th of each year. E. The County Tax Collector may promulgate rules, prescribe and publish the forms necessary to effectuate this division. F. The County Tax Collector is hereby designated as the local official for the County who shall perform the enforcement and audit functions referenced in Section Nine B of this section which are associated with the collection and remission of this tax, including, without limitation, the following: 1. For the purpose of enforcingthe collection of the tax levied bythis division, p rP the tax collector is hereby specifically authorized and empowered to examine at all reasonable hours the books, records, and other documents of all dealers, or other persons charged with the duty to report or pay a tax under this division, in order to determine whether they are collecting the tax or otherwise complying with this division. In the event said dealer refuses to permit such examination of its books, records or other documents by the tax collector as aforesaid, it is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.083, Florida Statutes. The Tax Collector shall have the right to proceed in circuit court to seek a mandatory injunction or other appropriate remedy to enforce its right against the offender, as granted by this section, to require an examination of the books and records of such dealer. 2. Each dealer, as defined by statute, shall secure,maintain,and keep for a period of three years a complete record of rooms or other lodging, leased or rented by said dealer, together with gross receipts from such sales, and other pertinent records and papers as may be required by the tax collector for the reasonable administration of this division; and all such records which are located or maintained in this state shall be open for inspection by the tax collector at all reasonable hours at such dealer's place of business located in the County. Any dealer who maintains such books and records at a point outside this County must make such books and records available for inspection by the tax collector in the county. Any dealer subject to these provisions of this division who violates these provisions is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes. 3. The Tax Collector shall send written notification, at least 30 days prior to the date an auditor is scheduled to begin an audit, informing the taxpayer of the audit. The Tax Collector is not required to give 30 days prior notification of a forthcoming audit in any instance in which the taxpayer requests an emergency audit. Such written notification shall contain: [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck-T4xeugh are deleted. Page 10 of 12 17 D (a) The approximate date on which the auditor is scheduled to begin the audit. (b) A reminder that all of the records,receipts, invoices,and related documentation of the taxpayer must be made available to the auditor. (c) Any other requests or suggestions the tax collector may deem necessary. 4. In addition to criminal sanctions, the Tax Collector is empowered and it shall be his duty,when any tax becomes delinquent or is otherwise in jeopardy under this division, to issue a warrant for the full amount of the tax due or estimated to be due, with the interest,penalties, and cost of collection, directed to all and singular the sheriffs of the state, and shall record the warrant in the public records of the County, and thereupon the amount of the warrant shall become a lien on any real or personal property of the taxpayer in the same manner as a recorded judgment. The Tax Collector may issue a tax execution to enforce the collection of taxes imposed by this division and deliver it to the sheriff. The sheriff shall thereupon proceed in the same manner as prescribed by law for executions and shall be entitled to the same fees for his services in executing the warrant to be collected. The Tax Collector may also have a writ of garnishment issued regarding any goods, money, chattels, or effects of the delinquent dealer which are in the hands, possession, or control of a third person based on an indebtedness owed to the delinquent dealer by the third person, to enforce collection of the taxes in the manner provided by law. Upon payment of the execution,warrant,judgment, or garnishment, the tax collector shall satisfy the lien of record within 30 days. G. The amount of administrative costs retained by the Tax Collector shall be negotiated annually, but shall not exceed three percent of the tax collected herein. The remainder of the tax collected shall be submitted to the County on a monthly basis. If the Tax Collector retains less than three percent of the tax collected for administrative costs, the County may retain an amount up to three percent for administrative costs provided the aggregate amount retained by the County and the tax collector does not exceed three percent of the tax collected. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. [04-CMG-00002/1346815/1] Words Underlined are added;Words are deleted. Page 11 of 12 170 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such,and the word"ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective September 1,2017. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of July, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk PENNY TAYLOR, CHAIRMAN Approved as to form and legality: Colleen M. Greene Assistant County Attorney [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck Through are deleted. Page 12 of 12 170 Account #027354 June 22, 2017 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 RE: Amending TDC Ordinance Dear Legals: Please advertise the above referenced Legal Notice Friday, June 30, 2017 and send the Affidavit of Publication with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500171993 17Q NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, July 11, 2017, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9 : 00 A.M. The title of the proposed Ordinance is as follows : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION TWO, TOURIST DEVELOPMENT PLAN, PROVIDING FOR THE ADOPTION OF AN ADDITIONAL 1% (5th PERCENT) TOURIST DEVELOPMENT TAX TO BE USED FOR TOURISM PROMOTION, AND AMENDING SECTION 3, USES OF TAX REVENUE, TO REALLOCATE THE TOURIST DEVELOPMENT TAX AS SET FORTH IN SECTION 125 . 0104 , FLA. STAT. AUTHORIZING THE TOURIST DEVELOPMENT TAX AND THE TOURIST DEVELOPMENT PLAN EXHIBIT "A"; DELETING IN THEIR ENTIRETY SECTION FOUR, BALLOT QUESTION, AND SECTION FIVE, USE OF PREVIOUSLY COLLECTED TAX RECEIPTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 170 If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17p Martha S. Vergara From: Brenda.Hawkins@naplesnews.com Sent: Friday, June 23, 2017 11:01 AM To: Martha S. Vergara Subject: Ad: 1662178, NOTICE OF INTENT TO CONSIDER ORDINAN Attachments: OFFICEOFTH-90-1662178-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 >Ad Proof Nap1rs Battu Nesus 1 7D Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com lcciwnt llilunnatlnn lll.CItnon Information Date:06/23/17 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)262-3161. Ad Id:1662178 P.O.No.: Total Cost:$422.05 Contact Name: Email:sherimalcolm@colliergov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN Address:3299 TA1vIIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:06/30/17 Stop Date:06/30/17 Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:1 Class:16220-Ordinances and Petitions Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com .111=1110.1101111111 .maraz.n.......mmiie.r.mo.m ma' 11131111=11111111111111111111r N5M555....0.1 I agree this ad is accurate and as ordered. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday,July 11,2017,in the Boardroom,Third Floor,Administration Building,Collier County Government Center,3299 Tamiami Trail East,Naples,Florida,the Board of County Commissioners,will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.92-60, AS AMENDED(THE COLUER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION TWO, TOURIST DEVELOPMENT PLAN,PROVIDING FOR THE ADOPTION OF AN ADDITIONAL 1%(5th PERCENT)TOURIST DEVELOPMENT TAX TO BE USED FOR TOURISM PROMOTION,AND AMENDING SECTION 3, USES OF TAX REVENUE, TO REALLOCATE THE TOURIST DEVELOPMENT TAX AS SET FORTH IN SECTION 125.0104,FLA. STAT.AUTHORIZING THE TOURIST DEVELOPMENT TAX AND THE TOURIST DEVELOPMENT PLAN EXHIBIT"A"; DELETING IN THEIR ENTIRETY SECTION FOUR,BALLOT QUESTION,AND SECTION FIVE,USE OF PREVIOUSLY COLLECTED TAX RECEIPTS; PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE All persons wishing to speak on any agenda item must register with the County administrator Oar to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted ID minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case written materials intended to be considered by te Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Department,located at 3335 Tamiami Trail East,Suite#101,Building W,Naples, Florida 34112.(239)252-8380.Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By:Martha Vergara,Deputy Clerk (SEAL) lune 30,2017 No.1662178 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. Martha S. Vergara 1 7 0 From: Martha S. Vergara Sent: Friday, June 23, 2017 11:10 AM To: Rodriguez, Wanda (WandaRodriguez@colliergov.net); NeetVirginia (VirginiaNeet@colliergov.net); Greene, Colleen Subject: Amending TDC Ordinance Attachments: OFFICEOFTH-90-1662178-1.pdf Hi ladies, We just received this ad proof. Let me know if there are any changes needed. Thanks, Martha 170 Martha S. Vergara From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, June 23, 2017 11:50 AM To: Minutes and Records; Martha S.Vergara Cc: Greene, Colleen; Neet,Virginia;Allen, Debbie Subject: re:Amending TDC Ordinance - ad proof Attachments: OFFICEOFTH-90-1662178-1.pdf Martha, The ad header should have "Notice of Public Hearing" in addition to "Notice of intent to Consider Ordinance." Otherwise the ad proof is approved. Should the BCC not approve the related item on 6/27, we may have to pull this ad before it runs. "Wanda Rodriguez, MCP .advanced Certified ParaCegaC Office of the County .Attorney (239)252-84o0 From: GreeneColleen Sent: Friday,June 23, 2017 11:28 AM To: RodriguezWanda <WandaRodriguez@colliergov.net> Cc: KlatzkowJeff<JeffKlatzkow@colliergov.net> Subject: RE:Amending TDC Ordinance-ad proof Approved. Thank you. As discussed,please hold advertising until Board approval on 6/27. Colleen M. Greene Assistant County Attorney (239) 252-8490 Fax (239) 252-6300 From: RodriguezWanda Sent: Friday,June 23, 2017 11:23 AM To: GreeneColleen <CoileenGreene@colliergov.net> Cc: KlatzkowJeff<JeffKlatzkow@colliergov.net> Subject: FW:Amending TDC Ordinance -ad proof Colleen, For your review & approval. Thanks, "Wanda Rodriguez, .ACP .Advanced Certified ParaCegaC 1 170 Martha S. Vergara From: Martha S. Vergara Sent: Friday, June 23, 2017 11:56 AM To: 'Brenda.Hawkins@naplesnews.com' Subject: RE: 1662178, NOTICE OF INTENT TO CONSIDER ORDINAN Importance: High Hi Brenda, Can you revise this ad proof to insert the following: NOTICE OF PUBLIC HEARING Above the NOTICE OF INTENT TO CONSIDER ORDINANCE heading. Ad Proof I agree this ad is accurate and as ordered. NOTICE Of INTENT TO CONSIDER ORDINANCE Notice s hereby liven that on TJul Li 2017, in theBoardroom.Third Floor,Arreni,stration .Building,Collier County Government Center„3294 Tamiami Trait East Naples, da,the Board aaf County Commissioners,will consider tRonda,i o enactment of a County Ordinance. The meeting will commence at DM AM. The title of the proposed Ordirtance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLuE7t COuniTY,FLORIDA AMENDING ORDINANCE NO.92-60 AS AMENDED(THE COtuEtt COUNTY TOURIST DEVELOPUENT Tux ORDINANCE) BY AMENDING SECTION TWO, TOURIST DEVELOPMENT PLAN PROVIDING FOR THE ADOPTION OF AN ADDITIONAL f46 CSth I�ERCEN TOUIRIST DEV ROMANI Tax TO BE USED FOR TOURISM PRomo-TtONL AND AMENDING SECTION 3 USES OF TAX REVENUE TO €R AtLITE THE TOM-ST DEVELOPMENT TAx AS SET FO-RTH IN SECTION 125,0104,FLA. STAT. AUTHORIZING THE TOURIST DEVELOPMENT TAX AND THE TOURIST DEVELOPMENT PLAN EXHIBIT A DELETING IN THEIR ENTIRETY SECTION fOta,. BALLOT QUESTION AND SECTION FIVE USE OF PREVIOUSLY LECTEDrTax RECEIPTS° PROVIDING FOR CONFLICT AND SEVERABILITY DING FOn INCLUSION IN THE CODE OF LAWS AND NANCES, AND PROVIDING FORAN EFFECTIVE DATE. Thanks, Martha Original Message From: Brenda.Hawkins@naplesnews.com [mailto:Brenda.Hawkins@naplesnews.com] Sent: Friday, June 23, 2017 11:01 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: Ad: 1662178, NOTICE OF INTENT TO CONSIDER ORDINAN Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 170 Martha S. Vergara From: Brenda.Hawkins@naplesnews.com Sent: Friday, June 23, 2017 1:11 PM To: Martha S. Vergara Subject: Ad: 1662178, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: OFFICEOFTH-93-1662178-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. II • 1 > 'AdProof NapirsIaiti Nrw 17 Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Account Information; - Insertion Information Date:06/23/17 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)262-3161. Ad Id: 1662178 P.O.No.: Total Cost:$427.60 Contact Name: Email:sherimalcolrri@colliergov.net Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:06/30/17 Stop Date:06/30/17 Phone:(239)252-8400 Fax:(239)774-0225 Number of Times: 1 Class: 16220-Ordinances and Petitions Publications:ND-Naples Daily News,ND-Internet-naplesnews.com Ad Pro() I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday,July 11,2017,in the Boardroom,Third Floor,Administration Building,Collier County Government Center,3299 Tamiami Trail East Naples,Florida,the Board of County Commissioners,will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.92.60, AS AMENDED(THE COWER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION TWO, TOURIST DEVELOPMENT PLAN,PROVIDING FOR THE ADOPTION OF AN ADDITIONAL 1%(5th PERCENT)TOURIST DEVELOPMENT TAX TO BE USED FOR TOURISM PROMOTION,AND AMENDING SECTION 3, USES OF TAX REVENUE,TO REALLOCATE THE TOURIST DEVELOPMENT TAX AS SET FORTH IN SECTION 125.0104,FLA. STAT.AUTHORIZING THE TOURIST DEVELOPMENT TAX AND THE TOURIST DEVELOPMENT PLAN EXHIBIT"A"; DELETING IN THEIR ENTIRETY SECTION FOUR,BALLOT QUESTION,AND SECTION FIVE,USE OF PREVIOUSLY COLLECTED TAX RECEIPTS; PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you area person with adisability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Department,located at 3335 Tamiami Trail East,Suite#101,Building W,Naples, Florida 34112,(239)252-8380.Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By:Martha Vergara,Deputy Clerk (SEAL) lune 30,2017 No.1662178 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. J 17D Martha S. Vergara From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, June 23, 2017 1:15 PM To: Martha S.Vergara; Minutes and Records Cc: Neet, Virginia; Greene, Colleen; Allen, Debbie Subject: RE: Revision - Amending TDC Ordinance Looks good Martha, thank you! 1Nanda Rodriguez, MCP Advanced Certified ParaCegaC Office of the County Attorney (239)252-840o From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday,June 23, 2017 1:13 PM To: RodriguezWanda <WandaRodriguez@colliergov.net>; NeetVirginia <VirginiaNeet@colliergov.net>; GreeneColleen <ColleenGreene@colliergov.net> Subject: Revision-Amending TDC Ordinance All, Attached is the revised ad proof. Let me know if there are any other changes. Thanks, Martha Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Martha S. Vergara 1 7 n From: Martha S.Vergara Y Sent: Friday, June 23, 2017 1:17 PM To: 'Brenda.Hawkins@naplesnews.com' Subject: RE: 1662178, NOTICE OF PUBLIC HEARING NOTICE OF I Importance: High Brenda, This ad proof has been reviewed and approved with revision. Please proceed with publishing this ad proof as requested. Thanks, Martha Original Message From: Brenda.Hawkins@naplesnews.com [mailto:Brenda.Hawkins@naplesnews.com] Sent: Friday, June 23, 2017 1:11 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: Ad: 1662178, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 170 .:;\a p rwø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Cheri Koerner who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# OFFICE OF THE COUNTY ATTORNEY 1662178 NOTICE OF PUBLIC HEA Pub Dates June 30,2017 (Signature of affiant) 400.."NI KAROL E KANGAS f "' "` Notary PubPublic•State of Florida Sworn to and subscribed before me 4 My Comm.Expires Jul 29,2017 This June 30,2017 6 •.s• ���•�.• � Commission#FF 017837 Gui_ D Alan (Signature of affiant) Naples Daily News Friday,June 30,2017 17D TON::Noil::5 COrdlnarlcus/PCttOns Ordin.ances/Pett s Public N tices Public N('lcts 7NOTICE OF PUBLIC NEARING NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING D NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on July 11,2017 in the Boardroom, NoticeTa is hereby given that on esd Y 1 ly 1l 2017 in the Notice is hereby given that on July 11 2017 in the Boardroom. 3rd Floor,Administration Building,Collier County Government Boardroom.Third Floor,Administration Building,Collier County 3rd Floor,Administration Budding,Collier County Government Center.3299 East Tamiami Trail,Naples,Florida.the Board of Government Center,3299 Tamiami Trail East,Naples,Florida,the Center,3299 East Tamiami Trail,Naples,Florida,the Board of County Commissioners will consider the enactment of a County Board of County Commissioners,will consider the enactment of County Commissioners will consider the enactment of a County Ordinance.The meeting will commence et 9:00 A.M.The title of a County Ordinance. The meeting will commence at 9:00 A.M. Ordinance.The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: The title of the proposed Ordinance is as follows: the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.02-61, COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.92-60, NO.97.8,AS AMENDED,THE COLLIER COUNTY FALSE ALARM ASAMENDED,TNE FIDDLER'SCREEKCOMMUNITY DEVELOPMENT AS AMENDED(THE COLLIER COUNTY TOURIST DEVELOPMENT ORDINANCE, BY REVISING SECTION TWO, DEFINITIONS; DISTRICT NUMBER 2 PROVIDING AUTHORIZATION FOR THE TAX ORDINANCE) BY AMENDING SECTION TWO,TOURIST REVISING SECTION FIVE,FALSE ALARM REGISTRATION FORMS; EXERCISE OF SPECIAL POWERS REGARDING MOSQUITOCONTROL DEVELOPMENT PLAN,PROVIDING FOR THE ADOPTION OF AN REVISING SECTION SEVEN,FALSE ALARMS FINES;EXCEPTIONS; PURSUANT TO SECTION 190.012(2)(E),FLORIDA STATUTES; ADDITIONAL I%(5th PERCENT)TOURIST DEVELOPMENT TAX TO AND REVISING SECTION EIGHT,ENFORCEMENT AND PENALTY PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR BE USED FOR TOURISM PROMOTION,AND AMENDING SECTION PROVISIONS;PROVIDING FOR CONFLICT AND SEVERABILITY; INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND 3,USES OF TAX REVENUE,TO REALLOCATE THE TOURIST PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND PROVIDING FOR AN EFFECTIVE DATE. DEVELOPMENT TAX AS SET FORTH IN SECTION 125.0104,FLA. ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. STAT.AUTHORIZING THE TOURIST DEVELOPMENT TAX AND Copies of the proposed Ordinance is on file with the Clerk to the THE TOURIST DEVELOPMENT PLAN EXHIBIT"A";DELETING Copies of the proposed Ordinance is on file with the Clerk to the Board and are available for inspection.All interested parties are IN THEIR ENTIRETY SECTION FOUR,BALLOT QUESTION,AND Board and are available for inspection.All interested parties are invited to attend and be heard. SECTION FIVE,USE OF PREVIOUSLY COLLECTED TAX RECEIPTS; invited to attend and be heard. PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR NOTE:All persons wishing to speak on any agenda item must INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of PROVIDING FOR AN EFFECTIVE DATE. register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of an individual A Copy of the proposed Ordinance is on file with the Clerk to the limited to 3 minutes on any item.The selection of an individual to speak on behalf of an organization or group is encouraged. Board and is available for inspection.All interested parties are to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or invited to attend and be heard. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. organization may be allotted 10 minutes to speak on an Item. NOTE:All persons wishing to speak on any agenda item must Persons wishing to have written or graphic materials included in register with the County administrator prior to presentation of Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum the agenda item to be addressed. Individual speakers will be the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing.In any case limited to 3 minutes on any item.The selection of an individual of 3 weeks prior to the respective public hearing In any case written materials intended to be considered by te Board shall t0 peak on behalf of an organization or group is encouraged. written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of If recognized by the Chairman,a spokesperson for a group or be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in organization may be allotted 10 minutes to speak on an item. seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part Personswishingto havewrittenorgraGhicmaterialsincluded in prtsetations before the Board will become a permanent part the Board agenda packets must submit said material a minimum Any person who decides to appeal a decision of the Board of 3 weeks prior to the respective public hearing. In any case, Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and written materials intended to be considered by the Board shall will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the be submitted to the appropriate County staff a minimum of therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and seven days prior to the public hearing. All material used in proceedings is made,which record includes the testimony and v dence upon which the appeal is based. presentations before the Board will become a permanent part evidence upon which the appeal is based. f the record. Ifye°are a person with a disability who needs any accommodation If you area person with a disability who needs any accommodation In order to participate in this proceeding,you are entitled,at no Any person who decides to appeal a decision of the Board in order to participate in this proceeding,you are entitled,at no cost to You to the provision of certain assistance.Please contact will need a record of the proceedings pertaining thereto and cost to you to the provision of certain assistance.Please contact the Collier County Facilities Management Department,located therefore,may need to ensure that a verbatim record of the the Collier County Facilities Management Department,located at 3335 Tamiami Trail East,Suite 101.Naples,FL 34112-5356, proceedings is made,which record includes the testimony and at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356. (239)252-8380,at least two days prior to the meeting.Assisted evidence upon which the appeal is based. (239)252-8380,at least two days prior to the meeting.Assisted I listening devices for the hearing impaired are available in the listening devices for the hearing impaired are available in the Board of County Commissioners Office. Ifyouareaperson wite in thibilitywho needsanare entitled. Board of County Commissioners Office. in order to participate in thisproceeding,you are entitled.at no BOARD OF COUNTY COMMISSIONERS costto the provision of certain assistance.Please contact BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY.FLORIDA the Collier County Facilities Management Department,located COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN at 3335 Tamiami Trail East.Suite#101,Building W,Naples, PENNY TAYLOR,CHAIRMAN Florida 34112,(239)252-8380.Assisted listening devices for the DWIGHT E.BROCK.CLERK hearing impaired are available in the County Commissioners' DWIGHT E.BROCK,CLERK Br. r.AAnn lennejohn,Deputy Clerk Office. By:Ann Jennejohn,Deputy Clerk S (SEAL) BOARD OF COUNTY COMMISSIONERS June 30,2017 No.1668502 COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By:Martha Vergara,Deputy Clerk (SEAL) June 30,2017 No.1662178 ,......10000014‘ I I `` 1__...,. smeLL your IR *Iii,;., ,,..,.. nor r1De __ , e .. . ... _. .. ,. . Here .. . _. . ` Go ahead,kick some tire. ---,: .... N Smell and feel the interior. I Enjoy the beauty of buying locally. I Find your next ride with easy-read Naples I Daily News localfieds.Maybe you'll be •- •/ driving away in your neighbor's car! • NaplesilaligiE188 I 0 Iwo o i� 0.r► 0. 4L. I Names—Hour massiFieDssecrion is Here and serer THE ever! � t i "I I' 1 / / •—— -- • Reach the locals! 4144 P -—— ——- Place your ad by calling 239-263400. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CMG 7/11/17 4. BCC Office Board of County ':t Commissioners l5 / —k\k‘\`.—\ • 5. Minutes and Records Clerk of Court's Office 7111 ! (7 3-. 51914 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jack Wert,Tourism Director Phone Number 252-2402 Contact/Department Agenda Date Item was 7/11/17 't/ Agenda Item Number 17-D I/ Approved by the BCC Type of Document Ordinance-TDC Number of Original One Attached 2-017-3S Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature CMG 2. Does the document need to be sent to another agency for additional signatures? If yes, CMG provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CMG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/11/17 and all changes made during the CMG + }+ 11A meeting have been incorporated in the attached document. The County Attorney's a Office has reviewed the changes,if applicable. 444 .4)41,- 9. Initials of attorney verifying that the attached document is the version approved by e Q‘-.• BCC, all changes directed by the BCC have been made,and the document is ready or the Vp 11':, Chairman's signature. �(-"\— - ii 3 [04-COA-01081/1344830/1]I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 170 Teresa L. Cannon From: Teresa L. Cannon Sent: Wednesday, July 12, 2017 3:45 PM To: Wert, Jack Subject: Validated Ordinance 2017-35 Attachments: Ordinance 2017-35.pdf Jack, Attached is Item#17D from the July 11th BCC Meeting. Let me know if you need a hard copy as well.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 170 Teresa L. Cannon From: Teresa L. Cannon Sent: Wednesday, July 12, 2017 2:56 PM To: countyordinances@dos.myflorida.com Subject: CLL Ordinance 2017-0035 Attachments: CLL20170711_Ordinance2017_0035.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES&RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER: 2017-0035 Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 17U ORDINANCE NO. 2017 - 3 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION TWO, TOURIST DEVELOPMENT PLAN, PROVIDING FOR THE ADOPTION OF AN ADDITIONAL 1% (5th PERCENT) TOURIST DEVELOPMENT TAX TO BE USED FOR TOURISM PROMOTION, AND AMENDING SECTION 3, USES OF TAX REVENUE, TO REALLOCATE THE TOURIST DEVELOPMENT TAX AS SET FORTH IN SECTION 125.0104, FLA. STAT. AUTHORIZING THE TOURIST DEVELOPMENT TAX AND THE TOURIST DEVELOPMENT PLAN EXHIBIT "A"; DELETING IN THEIR ENTIRETY SECTION FOUR, BALLOT QUESTION, AND SECTION FIVE, USE OF PREVIOUSLY COLLECTED TAX RECEIPTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92-60, which levied and imposed a 2% tourist development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the Board levied an additional 3rd and 4th percent tourist development tax; and WHEREAS, the Board, by supermajority vote, desires to amend Section Two of Ordinance No. 92-60, as amended, to provide for the adoption of an additional 1% (5t" percent) tourist development tax; and WHEREAS, the Board, by supermajority vote, desires to amend Section Three of Ordinance No. 92-60, as amended, to reallocate tourist development tax funds as set forth in Section 125.0104, Fla. Stat. and the Tourist Development Plan, Exhibit"A", and WHEREAS, the Board, by supermajority vote, desires to repeal Sections Four and Five to remove outdated language regarding the original referendum and imposition of the tourist development tax; and [04-CMG-00002/1346815/1] Words Underlined are added;Words Stwek-Thriangh are deleted. Page 1 of 12 1 7 D WHEREAS, the Board intends to seek a bond validation proceeding regarding the development of a Amateur Sports Complex in Collier County; and WHEREAS, the proposed amendments were presented to and recommended for approval by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: THE FOLLOWING SECTIONS OF ORDINANCE NO. 92-60, AS AMENDED, KNOWN AS THE TOURIST DEVELOPMENT TAX ORDINANCE, ARE HEREBY FURTHER AMENDED AS FOLLOWS: Section One: Purpose This ordinance is adopted pursuant to the authority and requirements of Chapter 125.0104, Florida Statutes, for the purpose of levying and imposing the Tourist Development Tax, subject to approval by voters at a referendum election. It is further the intent of this Ordinance to provide for the use of the receipts of the tax imposed by Ordinance No. 90-43 as required by Laws of Florida, Chapters 92-175 and 92-204. Section Two: Tourist Development Tax A. There is hereby levied, imposed and set a tourist development tax throughout the geographic area of the county at a rate of two percent of each whole and major fraction of each dollar of the total consideration charged every person who rents, leases or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, roominghouse, mobile home park, recreational vehicle park, or condominium for a term of six months or less, as provided in Section 125.0104(3)(a), Florida Statutes, as amended, unless such person rents, leases, or lets for consideration any living quarters or accommodations which are exempt according to the provisions of Chapter 212, Florida Statutes. When receipt of consideration is by way of property other than money, the tax shall be levied and imposed on the fair market value of such nonmonetary consideration. B. The tourist development tax shall be in effect until repealed by the Board or repealed by referendum pursuant to Section 126-90 herein and shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes, fees and the considerations for the rental or lease. [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck-Through are deleted. Page 2 of 12 1 7 C. The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time of payment for the consideration for such lease or rental. D. Pursuant to Chapter 212, Florida Statutes, the State Department of Revenue shall keep records showing the amount of taxes collected, which shall also include records disclosing the amount of taxes collected for and from each county in which the tax authorized by this act is applicable. These records shall be open for inspection during the regular office hours of the said department of revenue subject to the provisions of Section 213.053, Florida Statutes. E. Pursuant to Section 125.0104(10), Florida Statutes, the County Tax Collector shall be responsible for the collection and administration of the tax. Collections received by the Tax Collector shall be placed in the County Tourist Development Trust Fund, which shall be established by resolution of the Board of County Commissioners prior to receipt of any tax revenues collected pursuant to this division. F. Pursuant to Section 125.0104(3)(d), Florida Statutes, the Board of County Commissioners by an extraordinary vote hereby levies, sets and imposes an additional one percent tourist development tax (3rd percent) to be collected in the same manner as the two percent tax collected pursuant to this article. G. Pursuant to Section 125.0104(30(1), Florida Statutes, the Board of County Commissioners by a majority vote hereby levies, sets and imposes an additional one percent tourist development tax (4th percent) to be collected in the same manner as the two percent tax collected pursuant to this article. H. Pursuant to Section 125.0104(3)(n), Florida Statutes, the Board of County Commissioners by supermajority vote hereby levies, sets, and imposes an additional 1% tourist development tax stn percent) to be collected in the same manner as the first 4% of the tax collected percent to this Ordinance. The effective date of this levy and imposition of the tax authorized herein shall be September 1, 2017. Section Three: Uses of Tax Revenues (a) The tax revenues received pursuant to this division shall be used to fund the County Tourist Development Plan, which is hereby amended as follows: A. The Board may utilize the tourist development tax for all expenditures authorized by law, and may specifically utilize Fund 195 (Beaches) to fund pass and inlet maintenance, and all funding allocations of the tourist development tax must be conducted in compliance with Section 125.0104, Florida Statutes. The tax revenues received pursuant to this ordinance shall be used to fund the Collier County Tourist Development Plan which is attached hereto as Exhibit "A" and which is hereby adopted and incorporated into this ordinance. The Tourist Development Plan may not be substantially amended except by ordinance enacted by an [04-CMG-00002/1346815/1] Words Underlined are added;Words Struek—Tkrough are deleted. Page 3 of 12 170 affirmative vote of a majority plus one additional member of the Board of County Commissioners. Tourist Development Plan The two percent tourist development tax was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district includes the entire geographic arga of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24 month period was $7,000,000.00, less costs of administration. The additional one percent tourist development tax (3rd percent) was levied throughout the county beginning the first day of January, 1996. A majority of the electors of Collier County voting in a straw referendum election approved the continuation of the additional one percent tourist development tax prior to June 30, 2000, therefore the additional one percent tourist district shall include the entire geographic area of Collier County, Florida. The additional tourist development tax ('Ith percent) shall be used to finance tourism promotion as provided herein. The tax district shall include the entire geographic area of Collier County, Florida. (1) The categories of use of the two percent, one percent (3rd percent) and additional one percent (4th percent) tax revenues by specific project or special use arc hereby listed in the order of priority: CATEGORY A: To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate river. Percentage of Net Revenue 32.584 percent of the two percent tax and 100 percent of the one percent tax (3rd percent), reduced by the amount required for Category D. - ! ' - - .. - - . . - - . nationally and internationally, which encourages tourism to Collier County and to fund convention bureaus, tourist bureaus, tourist are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue or event to tourists. [04-CMG-00002/1346815/1] Words Underlined are added;Words°*-•• gh are deleted. Page 4 of 12 170 Percentage of Net Revenue 43.138 percent of the two percent tax and 100 percent of the additional one percent tax (4th percent) CATEGORY C To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned or operated museums or municipal owned museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net Revenue 23.978 percent of the two percent tax. Sub categories: C(1): County owned or operated museums: 19.214 percent • . , - CATEGORY D: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which arc Percentage of Net Revenue Amount budgeted for this category by the Board of County Commissioners each fiscal year, but not to exceed $200,000.00. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000.00. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. (2) The additional one percent tax revenues (3rd percent) collected pursuant S . maintenance, renourishment, restoration and erosion control including pass and inlet and rivers to which there is public access as these uses relate to the physical (- The additional one percent tax (4th percent) collected pursuant to Section 126 82(g) shall be used entirely to finance tourism promotion including advertising, public relations, promotion, research and fulfillment. It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck-Through are deleted. Page 5 of 12 17Q (4) The Disaster Recover Advertising Fund will maintain a maximum level of $500,000.00. Should the fund fall below $500,000.00, the fund shall be replenished up to a maximum of$500,000.00 per fiscal year from the General Fund. (-5) B. Administrative costs. The Board may utilize a portion of the tourist development tax to pay for authorized administrative costs. 1. Tourism promotion administrative costs (Fund 191) shall not exceed 32% of the total amount collected each fiscal year for Category "B" Destination Promotion revenue. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 32% of the total revenue for Destination Promotion. Category "B" revenue. 2. Project Management (Fund 185), Indirect Overhead, and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of revenue for Beaches. Category "A" revenues. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 15% of the total revenue for Beaches Category "A" revenues. (6) C. The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of F.S. § 125.0104. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (-7-)D. The In the event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the [04-CMG-00002/l 346815/1] Words Underlined are added;Words Struck Ton—rough are deleted. Page 6 of 12 17 issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided herein. (8) Notwithstanding anything to contrary herein, the Board of County Commissioners may reallocate funds between the above defined Categories (A D) with an affirmative vote of a majority plus one additional member of the Board of County Commissioners. •additional member of the Board of County Commissioners. Pursuant to F.S. § 125.0104, the Board of County Commissioners, by resolution, shall cause to be placed on the ballot at the next regular or special election to be held in the County, the question of the approval or disapproval of this ordinance, such question to be preceded by an explanatory statement or title as set forth in such resolution, with such question to appear on the ballot substantially as follows: FOR THE TOURIST DEVELOPMENT TAX AGAINST THE TOURIST DEVELOPMENT TAX . . . . . . In accordance with Laws of Fla. chs. 92 175 and 92 201, the tourist tax revenues follows: (1) If the voters approve the imposition of the tourist tax at the referenda provided in section 126 81, 60 percent of the tax revenue previously received shall be expended to finance beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance; and 10 percent shall be expended to promote and advertise the county tourism within the state, nationally and internationally, which encourages tourism with an emphasis on off season visitors to the county. (2) If the voters disapprove the imposition of the tourist tax at the referenda provided in section 126 84, the revenue shall be expended for the uses provided in section 126 62. [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck Through are deleted. Page 7 of 12 17D Section Six Four: Tourist Development Council. Pursuant to the provisions of Section 125.0104, Florida Statutes, the Board of County Commissioners established by Chapter 2, Article VIII, Division 10 of this Code an advisory council which is known as the Collier County Tourist Development Council. The council is composed of nine members, the original membership of which have been appointed by the Board of County Commissioners by Resolution No. 92-238, Chapter 2, Article VIII, Division 10 of this Code also sets forth the terms and composition of membership and the responsibilities and duties of the council. Section Seven Five: Penalties for Failure to Collect Any person who is a dealer hereunder who fails or refuses to charge and collect from the person paying any rental or lease the taxes herein provided, either by himself or through his agents or employees, is, in addition to being personally liable for the payment of the tax, guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. Section Eight Six: Penalties for Misrepresentation No person shall advertise or hold out to the public in any manner, directly or indirectly, that he will absorb all or any part of the tax, or that he will relieve the person paying the rental of the payment of all or any part of the tax, or that the tax will not be added to the rental or lease consideration, or when added, that it or any part thereof will be refunded or refused, either directly, or indirectly, by any method whatsoever. Any person who willfully violates any provision of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes. Section Nine Seven: Liens Authorized The tax hereby levied shall constitute a lien on the property of the lessee, customer or tenant in the same manner as, and shall be collectible as are, liens authorized and imposed in Sections 713.67, 713.68 and 713.69, Florida Statutes. Section Ten Eight: Repeal by Referendum Upon the filing of a petition signed by 15 percent, or more, of the electors of the County, the Board of County Commissioners shall cause an election to be held for the repeal of the tax, which election shall be subject only to any outstanding revenue bonds for which the tax has been pledged. [04-CMG-00002/1346815/1] Words Underlined are added;Words Struckough are deleted. Page 8 of 12 170 Section Eleven Nine: Local Administration of The Tax A. It is the intent of the County to provide for the collection and administration of the tax on a local basis pursuant to Section 125.0104(10), Florida Statutes, which provides for such election of local administration of the tax. It is further the intent of the County to be exempted from those requirements of Section 125.0104, Florida Statutes, that the tax collected be remitted to the department of revenue before being returned to the County. B. The County assumes responsibility for auditing the records and accounts of dealers, and assessing, collecting, and enforcing payment of delinquent tourist development taxes. The County adopts any and all powers and authority granted to the state in Section 125.0104 and Chapter 212, Florida Statutes, to determine the amount of the tax, penalties and interest to be paid by each dealer and to enforce payment of such tax, penalties, and interests by, but not limited to, distress warrants, writ of garnishments and criminal penalties as provided in Chapter 212, Florida Statutes. C. Initial collection of the tax shall continue to be made in the same manner as the tax imposed under Chapter 212, Florida Statutes, Part I (Section 212.01 et seq.). D. The County Tax Collector shall be responsible for the collection and administration of the tax. The person receiving the consideration for such rental or lease shall receive, account for, and remit the tax to the County Tax Collector. The Tax Collector shall keep appropriate records of said funds. The same duties and privileges imposed by Chapter 212, Florida Statutes, upon dealers in tangible property, respecting the collection and remission of tax, the making of returns, the keeping of books, records and accounts, the payment of a dealer's credit in compliance with the rules of the department of revenue in the administration of said Chapter shall apply to and be binding upon all persons who are subject to the provisions of this division; provided, however, the said County Tax Collector may authorize a quarterly return and payment when the tax remitted by the person receiving the consideration for such rental or lease for the preceding quarter did not exceed $100.00. Remittances of the tax and filing of the appropriate return may be done semiannually or seasonally as follows: 1. Facilities rented or leased which generate a total of$300.00 or less of tourist development tax revenue during a six-month period may remit the tax semiannually. The remittance and return filing date shall be between April 1st and April 20th for the six-month rental or lease period ending the preceding March 31st and the remittance and return filing date shall be between October 1st and October 20th for the six-month rental or lease period ending September 30th of each year. 2. The Tourist Development Tax may be remitted seasonally for facilities that are rented or leased only for a total period of three months or less annually. [04-CMG-00002/1 346815111 Words Underlined are added;Words Struck—Threes are deleted. Page 9 of 12 170 The remittance and return filing date shall be between April 1st and April 20th for the preceding rental or lease period ending March 31st and the remittance and return filing date shall be between October 1st and October 20th for the preceding rental period ending September 30th of each year. E. The County Tax Collector may promulgate rules, prescribe and publish the forms necessary to effectuate this division. F. The County Tax Collector is hereby designated as the local official for the County who shall perform the enforcement and audit functions referenced in subsection (b) Section Nine B of this section which are associated with the collection and remission of this tax, including, without limitation, the following: 1. For the purpose of enforcing the collection of the tax levied by this division, the tax collector is hereby specifically authorized and empowered to examine at all reasonable hours the books, records, and other documents of all dealers, or other persons charged with the duty to report or pay a tax under this division, in order to determine whether they are collecting the tax or otherwise complying with this division. In the event said dealer refuses to permit such examination of its books, records or other documents by the tax collector as aforesaid, it is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.083, Florida Statutes. The Tax Collector shall have the right to proceed in circuit court to seek a mandatory injunction or other appropriate remedy to enforce its right against the offender, as granted by this section, to require an examination of the books and records of such dealer. 2. Each dealer, as defined by statute, shall secure, maintain, and keep for a period of three years a complete record of rooms or other lodging, leased or rented by said dealer, together with gross receipts from such sales, and other pertinent records and papers as may be required by the tax collector for the reasonable administration of this division; and all such records which are located or maintained in this state shall be open for inspection by the tax collector at all reasonable hours at such dealer's place of business located in the County. Any dealer who maintains such books and records at a point outside this County must make such books and records available for inspection by the tax collector in the county. Any dealer subject to these provisions of this division who violates these provisions is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes. 3. The Tax Collector shall send written notification, at least 30 days prior to the date an auditor is scheduled to begin an audit, informing the taxpayer of the audit. The Tax Collector is not required to give 30 days prior notification of a [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck Through are deleted. Page 10 of 12 170 forthcoming audit in any instance in which the taxpayer requests an emergency audit. Such written notification shall contain: (a) The approximate date on which the auditor is scheduled to begin the audit. (b) A reminder that all of the records, receipts, invoices, and related documentation of the taxpayer must be made available to the auditor. (c) Any other requests or suggestions the tax collector may deem necessary. 4. In addition to criminal sanctions, the Tax Collector is empowered and it shall be his duty, when any tax becomes delinquent or is otherwise in jeopardy under this division, to issue a warrant for the full amount of the tax due or estimated to be due, with the interest, penalties, and cost of collection, directed to all and singular the sheriffs of the state, and shall record the warrant in the public records of the County, and thereupon the amount of the warrant shall become a lien on any real or personal property of the taxpayer in the same manner as a recorded judgment. The Tax Collector may issue a tax execution to enforce the collection of taxes imposed by this division and deliver it to the sheriff The sheriff shall thereupon proceed in the same manner as prescribed by law for executions and shall be entitled to the same fees for his services in executing the warrant to be collected. The Tax Collector may also have a writ of garnishment issued regarding any goods, money, chattels, or effects of the delinquent dealer which are in the hands, possession, or control of a third person based on an indebtedness owed to the delinquent dealer by the third person, to enforce collection of the taxes in the manner provided by law. Upon payment of the execution, warrant,judgment, or garnishment, the tax collector shall satisfy the lien of record within 30 days. G. The amount of administrative costs retained by the Tax Collector shall be negotiated annually, but shall not exceed three percent of the tax collected herein. The remainder of the tax collected shall be submitted to the County on a monthly basis. If the Tax Collector retains less than three percent of the tax collected for administrative costs, the County may retain an amount up to three percent for administrative costs provided the aggregate amount retained by the County and the tax collector does not exceed three percent of the tax collected. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a [04-CMG-00002/1346815/1] Words Underlined are added;Words Struck-Through are deleted. Page 11 of 12 17D separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective September 1, 2017. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this\\.-day of July, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,,.CLERK COLLIEC! : TY, FLORIDA /A Attest as to Cha afl S1 putt' Clerk PENNY T OR, CH Al AN signature only, Approved as to form and legality: cW1i (Ogjekt14 fineCt/1/4--e- Colleen M. Greene Assistant County Attorney This ordinance filed with the Secretary of State's Office the la'kday of � _-, a-c>1 and acknowledgement of that filin,g received this 1(3.461 day of Jud oZQt�- B Duty Clerk [04-CMG-00002/1346815/1] Words Underlined are added;Words Struckgh are deleted. Page 12 of 12 NJ m c T Cri s fD ? c 7 fD v o c 0 -i 0 a v co co n r+ C 0 °' g o 0 - 3 3 co v co C D N O' O_ O CD C O 0 0 fD n n OC -i I CDC S a ro 3 3 3 o• O n con Ci O c —I 3 rD -. 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Cr cOn C < C N M W N < 0 O .� O 0 0 0 0 cJ-� ONO 0 0 0 O O O n ..h -h CD - b O O O O N �l 0 0 0 --I VI n .. M \ \ \ o \ \ \ \ o 0 v = .. — ✓ v 00 in S a O o fD r fD p 0 t.D _C - V A W N W W O N DJ J _ p S b U' LD bi Co N Ji U9 iD U'1 3 o 0 tD1-, 00 Ui co V 0) CO CO i' o o e o o e o 0 0 0 i i i_ nomgl C "• WE I ,' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State July 12, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2017-35, which was filed in this office on July 12, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb I R. A. 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FLORIDA Tallahassee,Florida 32314-6609 Executive Director Leon M.Biegaiski September 1, 2017 Honorable Dwight E.Brock Clerk of Circuit Court Collier County P.O. Box 413044 Naples,FL 34101-3044 Attention:Teresa Cannon,BMR Senior Clerk Dear Mr Brock: Thank you for informing the Florida Department of Revenue of the adoption of Ordinance 2017-35 by the Collier County Board of County Commissioners. This ordinance levies an additional 1%Tourist Development Tax as of September 1,2017. The levying of these taxes is pursuant to s. 125.0104,F.S. and will produce a combined Tourist Development Tax rate of 5%. This rate will remain in effect until repealed by ordinance. Since Collier County self-administers this tax,no formal action is required by the Florida Department of Revenue. Having knowledge of this information, however, is important when keeping Departmental rate tables current. Should you have any questions or concerns, or if we can be of further assistance to you,please feel free to contact Mickie Clark at(850)717-6548. . Sincerely, Amy 'arrow Revenue Program Administrator I Revenue Accounting 01 :4 WV 'II d3S 1IOZ AB/mlc . .", ij ALh'�i� Child Support—tinEComGGn,� chir•General Tax Administration—Maria Johnson,Director Property Tax Oversight—Dr Maurice Gogarty,Director•Information Services—Damu Kuttikrishnan,Director Phone:850-617-8586 www.floridarevenue.com/ FAX:850-921-1171 53 o 170 a_ � o J — Dc' _ ' �o '¢ m m w -i• i.. m z g : ,s. o -n m m ! • Z it L4co i Coe3 � I wmo I - m m I N ohm I $ m I z c m i r; 1:F g.— o • f 1-1 t j , 0 w r- ,. c w o : ( p5 -:- a- i-r) L Q 0 ...... T!t e ... _ I .. r R' _ll: .(:' cc?, ii,,F.,„: ,::: E ii C ar