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Agenda 07/08/2025 Item #10A (To advertise an Ordinance for the purpose of levying and imposing the 6th percent Tourist Development Tax)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting July 8, 2025 Move item 16K5 to 11H: *** This item continued from the June 24, 2025, BCC Meeting. *** Recommendation to provide direction to staff to advertise an ordinance to amend the Collier County Parking, Storage and Use of Vehicle Control Ordinance codified in the Code of Laws and Ordinances to provide limitations on the parking and/or storing of commercial motor vehicles and commercial equipment in residential areas including the Estates zoning district. (Commissioner McDaniel’s Request) Add-on Item 16B9: Recommendation to approve and authorize an after-the-fact payment in the amount of $117,236.48 to Quality Enterprises, USA, Inc. for the Immokalee Area Improvements – Tiger Grant Project under Agreement No. 20-7811 for additional driveway installations. (Staff’s Request) Notes: •On Item 10A, the title should read “imposing the 6th cent” and not “6th percent” of the Tourist Development Tax. TIME CERTAIN ITEMS: Item 6A to be heard at 9:15 AM: A signature petition submitted by Brandon Reiff and Janet Miller regarding Willoughby Acres Park. Item 11A to be heard at 9:30 AM: A Resolution adopting the Proposed Millage Rate for FY 2025/26. Item 11B to be heard at 10:00 AM: The Tourism Impact Study for the Sports Complex Expansion. Item 10A to be heard immediately following Item 11B: Directing the County Attorney to advertise an Ordinance for the purpose of levying and imposing the 6th cent of the Tourist Development Tax, subject to voter approval in the November 2026 general election. Item 11C to be heard immediately following Item 10A: The Tourism Impact Study for Sun-n-Fun Lagoon. Item 11D to be heard at 11 AM: A recommendation to proceed with land acquisition on Bay and Danford Street to address future boat parking needs and local community challenges. Item 9A and 9B to be heard no sooner than 1 PM: Amending the NC Square Mixed-Use Overlay and Planned Unit Development to change the affordable housing requirements. 7/8/2025 Item # 10.A ID# 2025-2257 Executive Summary *** This item to be heard immediately following 11.B. *** Recommendation to direct the County Attorney to advertise an Ordinance for the purpose of levying and imposing the 6th percent of the Tourist Development Tax subject to approval by the voters of Collier County at the general election on November 4, 2026. OBJECTIVE: To advertise an Ordinance for the purpose of levying and imposing the 6th percent Tourist Development Tax. CONSIDERATIONS: The Board of County Commissioners has discussed the opportunity to impose a 6th percent Tourist Development Tax to fund promotion, related infrastructure improvements, and other authorized uses as set forth in Section 125.0104, Florida Statutes. The State of Florida certified that Collier County qualifies as a high-impact tourism county which provides the County with the ability to impose a 6th percent Tourist Development Tax subject to approval by the voters at a general election. The tax (6th percent) will be collected in the same manner as the first 5% of the tax collected pursuant to the Tourist Development Tax Ordinance No. 17-35. If approved by the voters on November 4, 2026, the proposed Ordinance imposing the 6th percent tax will take effect on January 1, 2027. Proposed referendum language: Shall Collier County Ordinance ____ be approved authorizing Collier County to levy and collect an additional one percent Tourist Development Tax from all short-term rentals to provide additional revenue to fund promotion, related infrastructure improvements, and other authorized uses as set forth in Section 125.0104, Florida Statutes. ________ FOR THE INCREASE IN THE TOURIST DEVELOPMENT TAX ________ AGAINST THE INCREASE IN THE TOURIST DEVELOPMENT TAX FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board direction. – JAK RECOMMENDATIONS: To direct the County Attorney to advertise an Ordinance for the purpose of levying and imposing the 6th percent Tourist Development Tax subject to approval by the voters of Collier County at the general election on November 4, 2026. PREPARED BY: Commissioner Burt Saunders, District 3 ATTACHMENTS: 1. Ordinance 6th cent high impact tourism Page 1181 of 4096 [04-CMG-00002/1346815/1] Words Underlined are added; Words Struck-Through are deleted. Page 1 of 3 ORDINANCE NO. 2025 - ____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CALLING FOR A REFERENDUM AT THE GENERAL ELECTION ON NOVEMBER 4, 2026 IN COLLIER COUNTY TO CONSIDER AN ADDITIONAL ONE PERCENT LEVY OF TOURIST DEVELOPMENT TAX FOR A TOTAL SIX PERCENT TAX TO BE USED FOR TOURISM PROMOTION, RELATED INFRASTRUCTURE IMPROVEMENTS, AND OTHER AUTORIZED USES; PROVIDING THE OFFICIAL BALLOT LANGUAGE; 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, the Board, through the adoption of Ordinance No. 2017-35, increased the total levy of tourist development tax to 5 percent on short term rentals within the County; and WHEREAS, the Board, by referendum, desires to impose an additional 1% tourist development as the 6th percent to be used for tourism promotion, related infrastructure improvements, and other authorized uses; and WHEREAS, the State of Florida Department of Revenue has certified that Collier County qualifies as a high-impact tourism county as defined in Section 125.0104(3)(m), Florida Statutes, and is authorized to impose this 6th percent tourist development tax; and WHEREAS, the proposed Ordinance and Referendum language 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: TOURIST DEVELOPMENT TAX 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 6th percent Tourist Development Tax, subject to approval by voters at the general election on November 4, 2026. It is further the intent of this Ordinance to provide for the use of the receipts of the tax imposed by Ordinance Page 1182 of 4096 [04-CMG-00002/1346815/1] Words Underlined are added; Words Struck-Through are deleted. Page 2 of 3 No. 90-43, as amended, and Ordinance No. 2017-25, as required by Laws of Florida, Chapters 92-175 and 92-204. Section Two: Tourist Development Tax A. Pursuant to Section 125.0104(3)(m), Florida Statutes, the Board of County Commissioners desires to levy and impose an additional 1% tourist development tax (6th percent) to be collected in the same manner as the first 5% of the tax collected pursuant to this Ordinance with approval of this Ordinance by referendum at the general election on November 4, 2026. B. Pursuant to Section 125.0104(3)(m)3, Florida Statutes, the effective date of the levy and imposition of the tax authorized by this Ordinance is the first day of the second month following approval of the Ordinance by referendum which shall be January 1, 2027. Section Three: Uses of Tax Revenues A. The Board may utilize the tourist development tax for all expenditures authorized by law, 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 shall be considered by the Board of County Commissioners at a public hearing following approval of the Referendum. The 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. B. The tax will be collected as set forth in Collier County’s Tourist Development Tax Ordinance No. 2017-35. Section Four: Calling for Referendum Pursuant to applicable Florida Law, including Section 101.161, Florida Statutes, a referendum of qualified electors is hereby called to be held on November 4, 2026, to determine whether or not the levy of the additional one percent Tourist Development Tax shall be levied and collected by Collier County pursuant to Section 125.0104(3)(m), Florida Statutes. Section Five: Ballot Question Pursuant to F.S. § 125.0104, the Board of County Commissioners shall cause to be placed on the ballot at the next general election to be held in the County, the question of the approval or disapproval of this Ordinance imposing the 6th percent, such question to be preceded by an explanatory statement or title as set forth, with such question to appear on the ballot substantially as follows: Page 1183 of 4096 [04-CMG-00002/1346815/1] Words Underlined are added; Words Struck-Through are deleted. Page 3 of 3 Shall Collier County Ordinance ____ be approved authorizing Collier County to levy and collect an additional one percent Tourist Development Tax from all short-term rentals in order to provide additional revenue to fund promotion, related infrastructure improvements, and other authorized uses as set forth in Section 125.0104, Florida Statutes. ________ FOR THE INCREASE IN THE TOURIST DEVELOPMENT TAX ________ AGAINST THE INCREASE IN THE TOURIST DEVELOPMENT TAX 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. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective January 1, 2027. 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 ______, 20____. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller By: By: , Deputy Clerk , CHAIRMAN Approved as to form and legality: __________________________ Jeffrey A. Klatzkow County Attorney Page 1184 of 4096