Backup Documents 02/14/2012 Item #17BAcct. #027354
January 27, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amending the Tourist Development Tax Ordinance No. 92 -60
Dear Legals:
Please advertise the above referenced notice on Wednesday, February 1, 2012,
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500130366
llB'
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, February 14, 2012, in
the Boardroom, 3rd 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 THREE - USES OF TAX REVENUES, IN ORDER TO: 1) REVISE
LANGUAGE RELATING TO CATEGORY B USE OF FUNDS; 2) DELINEATE THE
ALLOCATION OF ADMINISTRATIVE COSTS FOR TOURISM PROMOTION AND
BEACH PARK FACILITIES AND BEACH IMPROVEMENTS; AND 3) REALLOCATE
FOR A PERIOD OF ONE YEAR $100,000 FROM FUND 193, MUNICIPAL OWNED
MUSEUMS AND MUSEUMS OWNED AND OPERATED BY NOT- FOR - PROFIT
ORGANIZATIONS OPEN TO THE PUBLIC, TO FUND 198, COUNTY -OWNED OR
OPERATED MUSEUMS TO BE USED FOR A ONE -TIME PAYMENT PURSUANT TO
A CATEGORY C (2) AGREEMENT WITH MARCO ISLAND HISTORICAL SOCIETY;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are 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
17 B 1n
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, 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
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jennejohn
17B�
To: legals @naplesnews.com
Subject: Amending Ordinance 92 -60
Attachments: AMENDS 92- 60.doc; AMENDS 92- 60.doc
Please advertise the attached on Wednesday, February 1, 2012.
Thanks again,
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252- 8408(Fax)
Ann P. Jennejohn 17g
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Thursday, January 26, 2012 1:33 PM
To: Ann P. Jennejohn
Cc: Klatzkow, Jeff, Greene, Colleen; Green, Kelly
Subject: RE: Another ad request will be coming your way - here is an advance
Attachments: Request for Legal Advertising.pdf, Ordinance TDC amendment 2- 14- 12.pdf
I�
In order to get the ad process going for the TDC Ordinance, the County Attorney has ok'd the use of our P.O. until Kelly
Green can provide you with their department's P.O. # - I have attached the signed Ad request form along with a signed
ordinance. We will wait for the ad proof.
Thanks for your help. Let me know if you need anything else.
Dinny
From: Ann P. Jennejohn jmailto: Ann .JennejohnCabcollierclerk.com]
Sent: Thursday, January 26, 2012 11:56 AM
To: NeetVirginia
Subject: RE: Another ad request will be coming your way - here is an advance
hinny,
Can I use the same PO & Account #?
Or, would rather have me get something from Kelly?
Thanks again,
Ann
From: NeetVirginia jmailto:VirginiaNeet@ colliergov.netl
Sent: Thursday, January 26, 2012 11:09 AM
To: Ann P. Jennejohn
Cc: Greene, Colleen; Green, Kelly
Subject: Another ad request will be coming your way - here is an advance
Under Florida Law, e -mail addresses are public records. It 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.
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVEERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
17 B 11
� r
Originating Dept/ Div: Tourism Person: Jack Wert, Director Date: January 26, 2012
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
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.) February 14, 2012 (ad to run no later than
WEDNESDAY, FEBRUARY 1, 2012)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size:
XXX Legally Required
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 THREE — USES OF TAX REVENUES, IN ORDER TO: 1) REVISE LANGUAGE RELATING TO
CATEGORY B USE OF FUNDS; 2) DELINEATE THE ALLOCATION OF ADMINISTRATIVE COSTS FOR TOURISM
PROMOTION AND BEACH PARK FACILITIES AND BEACH IMPROVEMENTS; AND 3) REALLOCATE FOR A
PERIOD OF ONE YEAR $100,000 FROM FUND 193, MUNICIPAL OWNED MUSEUMS AND MUSEUMS OWNED AND
OPERATED BY NOT - FOR- PROFIT ORGANIZATIONS OPEN TO THE PUBLIC, TO FUND 198, COUNTY -OWNED OR
OPERATED MUSEUMS TO BE USED FORA ONE -TIME PAYMENT PURSUANT TO A CATEGORY C (2)
AGREEMENT WITH MARCO ISLAND HISTORICAL SOCIETY; 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 Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
Reviewed by: P.O. '
Dlvisto`n mmistrator or Designee ate
List Attachments: 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
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE US
Date Receive jl���Date d: of Public hearing: ?/ Date Advertised:
178 1044
ORDINANCE NO. 2012 -
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 THREE — USES OF TAX
REVENUES, IN ORDER TO: 1) REVISE LANGUAGE RELATING TO
CATEGORY B USE OF FUNDS; 2) DELINEATE THE ALLOCATION OF
ADMINISTRATIVE COSTS FOR TOURISM PROMOTION AND BEACH
PARK FACILITIES AND BEACH IMPROVEMENTS; AND 3)
REALLOCATE FOR A PERIOD OF ONE YEAR $100,000 FROM FUND
193, MUNICIPAL OWNED MUSEUMS AND MUSEUMS OWNED AND
OPERATED BY NOT -FOR- PROFIT ORGANIZATIONS OPEN TO THE
PUBLIC, TO FUND 198, COUNTY -OWNED OR OPERATED MUSEUMS
TO BE USED FOR A ONE -TIME PAYMENT PURSUANT TO A
CATEGORY C (2) AGREEMENT WITH MARCO ISLAND HISTORICAL
SOCIETY; 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 3'd and 4t` percent tourist development tax; and
WHEREAS, the Board subsequently adopted Ordinance No. 2009 -58, Ordinance No.
2010 -44, and Ordinance No. 2011 -02 in order to reallocate or redistribute certain tourist
development tax revenues for use in tourism destination marketing or marketing and promotion;
and
WHEREAS, the Board, by an extraordinary vote, desires to amend Section Three of
Ordinance No. 92 -60, as amended, in order to: 1) revise language relating to Category B use of
funds; 2) delineate the allocation of administrative costs for tourism promotion and beach park
facilities and beach improvements; and 3) reallocate for a period of one year $100,000 to be used
for a one -time payment pursuant to a Category C (2) Agreement with Marco Island Historical
Society; and
Words Underlined are added; Words Stmek T4veugh are deleted.
Pagel of 5
17B
WHEREAS, the proposed amendments were presented to and approved 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: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 92 -60,
AS AMENDED.
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:
(1) The categories of use of the two percent and one percent (3`d percent) and additional
one percent (4`h percent) tax revenues by specific project or special use are hereby listed in
the order of priority:
CATEGORYA - 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 to
the physical preservation of the beach, shoreline or inland lake or river.
Percentage of
Net revenue
50% of the 2% tax and 100% of the 1% tax (3rd
percent), reduced by the amount required for
Category D.
CATEGORYB - To promote and advertise county tourism within the State of Florida,
nationally and internationally, which encourages tourism
en eff season visitors to Collier County and to fund convention bureaus,
tourist bureaus, tourist information centers and news bureaus as county
agencies. If tax revenues 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.
Words Underlined are added; Words SWaek Thfo ug# are deleted.
Page 2 of 5
17B "
Percentage of
Net revenue
23.236% of the 2% tax and 100% of the additional
1% tax (4a' percent).
* * * * * * * * * * * * **
(3) The additional one percent tax (4th percent) collected pursuant to section TWO (G)
shall be used entirely to finance tourism promotion including advertising, public relations,
promotion, research and fulfillment.
fimeed selely ffei the 23.2369/ pe... en oft the 2 tm. The Disaster Recover Advertising
Fund will continue to be financed from the 23.236% of the 2% tax to maintain a maximum
level of $1 million. At the end of each fiscal year, any remaining funds in the 23.236% of
the 2% tax after fulfillment of the above uses in the 23.236% of the 2% tax will be
distributed to Category `B" (Marketing and Promotion). It is the intent of the Board of
County Commissioners to maintain this new level of tourism promotion dollars in the
future.
4. Administrative costs.
a. Tourism promotion administrative costs shall not exceed 32% of the total
amount collected each fiscal year for Category `B" revenue.
b. Project Management, Indirect Overhead, and Program Administration in
support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall
not exceed 15% of Category "A" revenues. These charges to be split 75%
to Fund 195 Beaches) and 25% to Fund 183 (Beach Park Facilities);
4.5. 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 Section 125.0104,
Florida Statutes. 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.
-5-.6. 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
Words Underlined are added; Words Stfu& Thfeugh are deleted.
Page 3 of 5
17B °'
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 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.
* * * * * * * * * * * * **
(9) The sum of $100,000 shall be reallocated from Fund 193 Municipal owned museums
and Museums owned and operated by not for profit organizations open to the public, to
Fund 198 County owned or operated Museums to be used for a one -time payment pursuant
to a Category C (2) agreement with Marco Island Historical Society prior to the museum
becoming a County owned and operated C (1) museum. This provision will expire and be
of no further force or effect upon payment to Marco Island Historical Society.
M LUO The above and foregoing tourist development 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.
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.
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.
Words Underlined are added; Words Stmek Through. are deleted.
Page 4 of 5
17B'"1
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
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 , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
.2
, Deputy Clerk
Approved as to form
and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Words Underlined are added; .Words Stnwk Thfoug>R are deleted.
Page 5 of 5
Ann P. Jennejohn
178 +'4
From: postmaster @colIiercierk.com
To: Naples Daily News Legals
Sent: Thursday, January 26, 2012 2:20 PM
Subject: Relayed: Amending Ordinance 92 -60
Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server:
Naples Daily News Legals <mai Ito: legals @naplesnews.com>
Subject: Amending Ordinance 92 -60
Ann P. Jennejohn
17B A
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Friday, January 27, 2012 10:11 AM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UASA69 jpg
Please provide approval by 9:00am on January 30th.
Thank You,
Naples Legals
Thank you for placing your ad.
Date
01/27/12
Publication
NON
Account Number
503641
Ad Number
1933340
Total Ad Cost
$280.02
1
enacti ttt o a Co Unty Pirditian-I The meeting frill cram mein ce at 9 :00 A.M.
The title of the proposed Ori:linance is as follows 1711 1
IL
■ ! " '�
w a • r y t t �, w i t
Copies ufth.e proposed Ordi.nance are can file with the Clerk tQ the Board and are
available for inspection. All interested parties are invited to attend and be heard
NOTE, All persons wishing to speak ona y agenda, item rust register with the
County administrator rtr�r to presentation of the agenda item tea. be addressed.
Indi idual_ spy akers wl be limited to 3 minutes on any item. The selection of are
individual to speak, on behalf, of an organization or group is encouraged, if
recognized by the Chairman' a spokesperson for a group car or anization m be
allotted 10 rh,rn,ut to ,spew cn an ttm-6.
Any pers rw who deicides to appeal- a depsi*n of t1he Board wl ll need a record of
the pro.ceedi n-gs pertaini n.g thereto and Therefore, may need to ensure that a
verbatim record 6f th pproceedings is rnade{ which record includes the testimony
and evidence upon whrck� the appeal is besed.
if you are ar person with a disability =who, needs any acc+ mmodatian in order ,to
participate �r� #his proceeding- you are er°rtitle�� at W cost to you, to the provision
ref ,certain assistance. Please contact the Collier County Facilities Managem,eht
Dep rtment, located at 3335 Tanilami Trall :fast, Suite 101, Naples, iorida' X112
(2-§1), -524380. fisted lis devices ices for the he rlIn i parre+d art avallable in'
the County Qqmrn. oners' bffice,
it _► ` w Ai a ■
RUS 9 ¢ 9 ♦.
i ii
Ann P. Jennejohn El J
From:
GreenKelly <KellyGreen @colliergov.net>
Sent:
Friday, January 27, 2012 2:16 PM
To:
Ann P. Jennejohn
Cc:
Neet, Virginia
Subject:
RE: Ad Confirmation
Hi Ann,
Looks fine to me.
Thanks,
Kelly
- - - -- Original Message---- -
From: Ann P. Jennejohn [ mai Ito: Ann.Jennejohn @collierclerk.coml
Sent: Friday, January 27, 2012 12:08 PM
To: NeetVirginia; GreenKelly
Subject: FW: Ad Confirmation
Hi girls,
Here is that TDC legal ad "proof" from NON.
If you could possibly look it over and let me know if it meets your approval by the end of the day that would be
great.
Thank you!
Ann
- - - -- Original Message---- -
From: Green, Amy Imai Ito: AGreen @Naplesnews.coml
Sent: Friday, January 27, 2012 10:11 AM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Please provide approval by 9:OOam on January 30th.
Thank You,
Naples Legals
Thank you for placing your ad.
Date 01/27/12
Publication NON
1
Fkx
The
su
17 8 ''
�tw�nrour�
Cj% q2 ow"
Cares of the proposed Ordinance are on fii wit
,�ivaJla4Mf�ov ir�cpection.: � ' rested rues aeue invited t'o attend an�ebe�rd a�r1F' aaM
NOTE All persons wishing to speak on any agenda itwn must
adRnrristrdtor pn�r to Presentation of qr register a
M
ind I speakers will be tim{te[i to 3 mi�4utcis T. ai .�..e�hto' a
b' behalf of an organ Atron or group k Faibd, If
r y an, % ;pokesPerson fora rciu or, or
10 minutes to speak 4n an ittsem.. 9 P ga[dZah'bn r±» bo
1�wishing to have written or gcaphic material; ul the �o
mW 4ubntli iiid mateN�tl 8 min imum of 3'M' th
public hearing In any case, written, materials intended to bye corrsideredn
Board shall be sukymtted to tlte,approprlate County staff a mmanum of
pwor t. the pubkc,flearing. All material used in preseMatiorx before
wFor4 q Permanent Part of tide recofd. d
MY Person who decklas to appeal a decision of the Board N611 need a of
the proceedNgs Pertaining thereto and therefore, may read .to ensyrp,_ a
I rerbe* record of the prc ceedinggss is made, whith record. irrcludes the
enQirwdRnu upon?�ich theaErpea(b teased,' a
N you are a person with a disability who needs any accommodation in order to
partkipate irk this Proceeding yqy are entitled, at no cost m you, to the provision
of` cer4ain an stance., Plge* contact the .Cgllier County FaGiltU;s a
eft
IticaMd at 3D15 Yaipiarbi Trail` Eatti (bib 101, Naples, nt
A6sistgd listening drEvices for the hearing. impaired.are avayabla ie
Commissioners' ice,
' QQF NT i9M15$19NERS
1 wv�mfleRR tbUNTCpUY, FY 1.tti WDMfA -
FRED COYLE, CHAIR"N
t
'Cl
EsfIROCK:
p 1erp+ef6ltn, Dep ert`C'
NAPLES DAILY NEWS
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 Debbie Landreth, who on oath says that she serves as
the Controller 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, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on February 1, 2012
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, 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 I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid not
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publica4ertsm the said newspaper. / D _ _
( Signature of affiant)
Sworn to and subscribed before me
This 3rd day of February, 2012
of
;� "` °�s�•., KAROL E KANSAS
.� �__ Notary Public - State of Florida
y My Comm. Expires Jul 29, 2013
•1, ;eorr�dr ;�' Commission # DO 912237
17B '
NOTICE OF II1 i6Nl.TO CONSREYI ORblrJAfsCE "
Ntidce k eby given fhWOrk Tuesday, February 14, 2092 m the Boaedraorn 3rd
Floor, Administratroe Building, Collier County Goyeeryngnt Cpg4er, 3799 Tamiami
Trail East, Naples, Florida „the Board of County C4mmusibnlr�,V consider the
enactment of a County ordinance. The meetingwin `omrr,"I�"'• fi
The titie.of proposed Ordinance is'as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINA[�,
COLL1I�p�t �p�L1�tTy "TOUR �EVELOPMEf�NiiO ?Ok�D) _ AM O1E
SECTION Wj _ i., it w74r oc.,�..,,�., X __ N171nG
”- -- - a. rvn nn crrtlnvt UAIE. -
'PtBs of 'the proposed Ordinance are on fffe vysth to at Board.an¢ are
ael;lbla{gf lospRctiom, All inte�@stL4lt�rtie; my tP qt' ,be heard.
ATE: All persons,wishing to '`speak on anv adenda`ihlm m. ..r ..L .._
indivIOW11 to ll * pn .." ' w'r • me salerllnn or an
rec by �e b0111W,, f an organiratiory or group . is encoppraged: , If
all ed10m The Chairman, a apukespencW, for a group or,organIWon may tie
louses to;pealc an an item.
Per�ons�giish'n o have rttten or rpphic materwl; 14cluded in # agenda
pPu eti �Qu '� sew niata alp %i.imNm of 3 eis`lpsfra rve
Board shall ibe�s kr e� 'written matErlak lose to be, cens�l Z:
prior to, tha.puWi��hsafin apppprrpoprtate Cpur �a minlmum of seven days
g. AN tnatenal' In presentltions before the d
wi� b?EOmg a pemtllf par} cf the record. Bdat
n ,,t
Any Person who deckles-to appeal a decision ot<the Soard,wih'need;aareemd of
the proceedings Pertaining thereto and ther�r need to ensure that a
verbatim record of the proceedi is madei . In¢udes the festiM
and evionce ypop thRVIpINiI gi4Psed ; f °
If you are a person with at clOW icy who'Reeila &M atcommoda 'on in order io
of rt<ertate in �s Prarceedirig; you'are entitled, at no cost 4o yM io the .provision
D as_s.st@nce. Please contact the .Collier ty. F M ,sgemeiit
epartmedt 1SCetell �at'3335. AMillarrd Traif "F1iC air 1, F4a 34112,
C4
% 252.83ag. Assisted listgping devices for. the heart* im ired, aft •availaltW in
the �CCtOapuurrny corn asioners e,
COtifEROHftI5510NElks u.
FRED COYLE, CHAIRMAN '
DullyydzsE, 00 K a nC
I (�B Ann,fannejo n, Deputy Clerk '
�
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 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#4,complete the checklist,and forward to Ian Mitchell(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Colleen M. Greene, Asst. County County Attorney CMG 2/15/12
Attorney
5. Ian Mitchell, Executive Manager BCC Board of County Commissioners 0 _
1-1.1- II_
6. Minutes and Records Clerk of Court's Office -Pm "2123((-2-
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.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,including Ian Mitchell needs to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Colleen M. Greene,Asst. County Attorney Phone Number 252-8400
Contact
Agenda Date Item was 2/14/12 Agenda Item Number
Approved by the BCC L 1�
Type of Document Ordinance—TDC Ordinance Amendment Number of Original One
Attached '2-612..-fig _ Documents Attached
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. 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. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. 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
3. 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.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip CMG
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
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!
6. The document was approved by the BCC on 2-14-12 and all changes made during the CMG
meeting have been incorporated in the attached document.The County Attorney's
Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
08-MGR-00132/33
17B
MEMORANDUM
Date: March 2, 2012
To: Colleen Greene
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2012 -08
Enclosed please find one (1) copy referenced above (Agenda Item #17B), which was
approved by the Board of County Commissioners on Tuesday, February 14, 2012.
The Minutes & Records Department has retained the original, which will be kept
as part of the Board's Official Records.
If you have any questions, please call me at 252 -8411.
Thank you
17B
MEMORANDUM
DATE: March 2, 2012
TO: Ernie Kerskie, Director of Mapping
Property Appraiser's Office
FROM: Teresa Polaski, Deputy Clerk
Minutes & Records Department
RE: Validated Ordinance 2012 -07, 2012 -08 & 2012 -09
Attached for your records, is a copy of the document referenced above,
Adopted by the Board of County Commissioners on Tuesday, February 14, 2012.
If you have any questions, please feel free to call me at 252 -8411.
Thank you.
Attachment
178
ORDINANCE NO. 2012 - 0 8
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 THREE — USES OF TAX
REVENUES, IN ORDER TO: 1) REVISE LANGUAGE RELATING TO
CATEGORY B USE OF FUNDS; 2) DELINEATE THE ALLOCATION OF
ADMINISTRATIVE COSTS FOR TOURISM PROMOTION AND BEACH
PARK FACILITIES AND BEACH IMPROVEMENTS; AND 3)
REALLOCATE FOR A PERIOD OF ONE YEAR $100,000 FROM FUND
193, MUNICIPAL OWNED MUSEUMS AND MUSEUMS OWNED AND
OPERATED BY NOT - FOR - PROFIT ORGANIZATIONS OPEN TO THE
PUBLIC, TO FUND 198, COUNTY -OWNED OR OPERATED MUSEUMS
TO BE USED FOR A ONE -TIME PAYMENT PURSUANT TO A
CATEGORY C (2) AGREEMENT WITH MARCO ISLAND HISTORICAL
SOCIETY; 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 3`d and 4`" percent tourist development tax; and
WHEREAS, the Board subsequently adopted Ordinance No. 2009 -58, Ordinance No.
2010 -44, and Ordinance No. 2011 -02 in order to reallocate or redistribute certain tourist
development tax revenues for use in tourism destination marketing or marketing and promotion;
and
WHEREAS, the Board, by an extraordinary vote, desires to amend Section Three of
Ordinance No. 92 -60, as amended, in order to: 1) revise language relating to Category B use of
funds; 2) delineate the allocation of administrative costs for tourism promotion and beach park
facilities and beach improvements; and 3) reallocate for a period of one year $100,000 to be used
for a one -time payment pursuant to a Category C (2) Agreement with Marco Island Historical
Society; and
Words Underlined are added; Words Stfurak Thfough are deleted.
Page 1 of 5
17B
WHEREAS, the proposed amendments were presented to and approved 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: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 92 -60,
AS AMENDED.
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:
* * * * * * * * * * * * **
(1) The categories of use of the two percent and one percent (3`d percent) and additional
one percent (4th percent) tax revenues by specific project or special use are hereby listed in
the order of priority:
C,ATEGORYA - 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 to
the physical preservation of the beach, shoreline or inland lake or river.
Percentage of
Net revenue
50% of the 2% tax and 100% of the 1% tax (3`d
percent), reduced by the amount required for
Category D.
CATEGORY B - To promote and advertise county tourism within the State of Florida,
nationally and internationally, which encourages tourism with an emphasis
~ eg season visitors to Collier County and to fund convention bureaus,
tourist bureaus, tourist information centers and news bureaus as county
agencies. If tax revenues 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.
Words Underlined are added; Words Lek Thfough are deleted.
Page 2 of 5
17B
Percentage of
Net revenue
23.236% of the 2% tax and 100% of the additional
1% tax (4`" percent).
* * * * * * * * * * * * **
(3) The additional one percent tax (4th percent) collected pursuant to section TWO (G)
shall be used entirely to finance tourism promotion including advertising, public relations,
promotion, research and fulfillment.
e�Eeeed 32 0
finaneed sele y f „„, the 23.236% „,,f fie„ e fthe 2oi ta*. The Disaster Recover Advertising
Fund will continue to be financed from the 23.236% of the 2% tax to maintain a maximum
level of $1 million. At the end of each fiscal year, any remaining funds in the 23.236% of
the 2% tax after fulfillment of the above uses in the 23.236% of the 2% tax will be
distributed to Category "B" (Marketing and Promotion). It is the intent of the Board of
County Commissioners to maintain this new level of tourism promotion dollars in the
future.
4. Administrative costs.
a. Tourism promotion administrative costs shall not exceed 32% of the total
amount collected each fiscal year for Category "B" revenue.
b. Project Management, Indirect Overhead, and Program Administration in
support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities ) shall
not exceed 15% of Category "A" revenues. These charges to be split 75%
to Fund 195 (Beaches) and 25% to Fund 183 (Beach Park Facilities).
4-.5. 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 Section 125.0104,
Florida Statutes. 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.
6. 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
Words Underlined are added; Words Strusk Thfeugh are deleted.
Page 3 of 5
17B
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 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.
* * * * * * * * * * * * **
(9) The sum of $100,000 shall be reallocated from Fund 193 Municipal owned museums
and Museums owned and operated by not for profit organizations open to the public, to
Fund 198 County owned or operated Museums to be used for a one -time payment pursuant
to a Category C (2)agreement with Marco Island Historical Society prior to the museum
becoming a County owned and operated C (1) museum. This provision will expire and be
of no further force or effect upon payment to Marco Island Historical Society.
(9) LLO) The above and foregoing tourist development 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.
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.
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.
Words Underlined are added; Words &fuek Thfough are deleted.
Page 4 of 5
1)B
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, this yA+lzday of ��wa , 2012.
ATT ,
DWI It.. .CK, CLERK
Clerk
Approved as to form
and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B ��•II� �'
Y•
FRED W. COYLE, CHAI AN
Words Underlined are added; Words Swde# Thfough are deleted.
Page 5 of 5
178
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2012 -08
Which was adopted by the Board of County Commissioners
on the 14th day of February, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of February, 2012.
DWIGHT E. BROCK, . ' ;, .
Clerk of Court's':'q,n Clerk
Ex- officio to Board of r
County Commissioners
C�j A7-
J•�
By: Teresa Polaski,
Deputy Clerk