Ordinance 92-018 ORDINANCE NO. 92- 18
AN ORDINANCE ESTABLISNING THE COLLIER
COUNTY TOURIST DEVELOPMENT COUNCIL;
PROVIDING FOR COMPOSITION OF MEMBERSHIP;
REQUIRING A RESOLUTION TO DESIGNATE THE
MEMBERS, TERMS AND CHAIRMAN OF THE COUNCIL;
PROVIDING FOR RESPONSIBILITIES AND DUTIES;
PROVIDING FOR MEETINGS; PROVIDING FOR
)FFICERS, QUORUM AND RULES OF PROCEDURE;
FOR REIMBURSEMENT OF MEMBER'S
UPON PRIOR APPROVAL OF THE BOARD;
FOR SUPERCESSION OF ORDINANCE NO.
0-43; PROVIDING FOR CONFLICT AND
ITY; AND PROVIDING AN EFFECTIVE
DATE.
W/IEREAS, the Board of County Commissioners of 'Collier
Florida, has determined that it is in the best
;interests of the citizens of Collier County to consider the
of an ordinance levying and imposing a tourist
tax pursuant to the statutory authority set forth
in Section 125.0104, Florida Statutes; and
WHEREAS, Section 125.0104(4)(e), Florida Statutes,.
that an advisory council be established pursuant to
provisions of said section; and
WHEREAS, Section 125.0104(4)(b), Florida Statutes,.
that the members of such advisory council be appointed
~at least sixty (60) days prior to the enactment of an ordinance
[evying the tourist development tax;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
IONERS OF COLLIER COUNTY, FLORIDA that:
ONE: PURPOSE.
This Ordinance is adopted pursuant to the authority and
of Section 125.0104, Florida Statutes, for the
,ose of establishing the Collier County Tourist Development
It is the intention of the Board 'of County
ioners to consider the enactment of an ordinance levying
imposing the Tourist Development Tax.
TWO: ESTABLISHMENT OF THE COLLIER COUNTY TOURIST
DEVELOPMENT COUNCIL.
There is hereby established the Collier County Tourist
Council which shall be composed of nine (9) members
shall be appointed by the Collier County Board of County
as set forth in this Ordinance.
THREEs COMPOSITION OF MEMBERSHIP.
The ~mbership of the_Collier County Tourist Development
~Council shall be composed as follows:
](~) The Chairman of the Board of County Commissioners
of Collier County or any other member of the
Board of County Commissioners as designated by
the Chairman to serve on the Council.
(b) Two (2) members of the Council shall be'elected
municipal officials, at least one (1) of whom
shall be from the most populous municipality in
the County or Sub-County Special Taxing District
in which the tax is to be levied.
(c) Three (3) members shall be owners or operators of
motels, hotels, recreational vehicle parks, or.
other tourist accommodations in Collier County
subject to any tourist development tax levied
pursuant to Section 125.0104, Florida Statutes.
(d) Three (3) members of the Council shall be persons
who are involved in the tourist industry and who
have demonstrated an interest in tourist
development, but who are not owners or operators
of motels, hotels, recreational vehiole parks or
other tourist accommodations in Collier County
· which would be subject to any tourist development
~ tax.
All members of the Collier County Tourist Development
shall be electors of Collier County and the members
~hall serve at the pleasure of the Board of County
loners for staggered terms of four (4) years. The terms
office of the original members shall be prescribed in the
resolution appointing the original members.
SECTION FOUR: RESOLUTION REQUIRED TO DESIGNATE THE MEMBERS,
TERMS AND CHAIRMAN OF THE COUNCIL.
The members of the Collier County Tourist Development
shall be designated and approved pursuant to a
adopted by the Board of County Commissioners. The
:esolution shall set forth the names of the members of the
'ist.: Development Council and the term of each member. In
~ddition, the Board of County Commissioners shall designate the
of the Council in said resolution or shall provide the
for the Council to elect a Chairman from its
p.
CTION FIVE: RESPONSIBILITIES AND DUTIES.
~i. A. It shall be the duty and responsiblity uolelY of the
~oard of County Commissioners as the taxing authority of
~ier County to consider and determine if an ordinance shall
enacted levying and imposing a tourist development tax
ect to referendum election. Prior to enactment of an
ordinance levying and imposing a tourist development tax, the
Development Council shall prepare and submit to the.
of County Commissioners for its approval a plan for the
of tourist development tax revenues. It shall be the
duty of the Tourist Development Council as a~
council to advise the Board of County Commissioners
the elements of a pla~ and recommend to the Board of
Commisisoners a plan for the uses of tourist development
revenues, which plan the Board of County Commissioners
Shall thereafter consider, modify, and/or adopt for submittal
the voters by referendum. The plan shall set forth the
anticipated net tourist development tax revenue to be derived
by the County for the twenty-four (24) months following the
of the tax; the tax district in which the tourist
~ent tax is proposed; and a list, in the' order of
of the proposed uses of the tax revenue by specific
ect or special use as the same are authorized under Section
125.0104(5), Florida Statutes. The plan shall include the
)roximate cost or expense allocation for each specific
ect or special use. The plan shall be submitted on or
~efore July 1, 1992, by the Tourist Development Council to the
~oard of County Commissioners for its modification or approval.
B. In the event the Tourist Development Council as an
body is unable to fulfill its responsibility and duty
)are and submit in a timely fashion a tourist development
plan which includes all statutorlly required elements, the
of County Commissioners may at its option dissolve the
Tourist Development Council and re-appoint a new
Development Council by resolution. Additionally, the
Board of County Commissioners may, at its option, pursue any
!and all iegal remedies available to ensure performance by the
Development Council of its duties and responsibilities.
' ~' C. Upon adoption of an ordinance levying and imposing a
'toUrist development tax, the Tourist Development Council shall
~ake recommendations to the Board of County Commissioners for
effective operation of the special projects or for uses of
the tourist development tax revenue. The Tourist Development
Council shall continuously review expenditures of revenues from'
Tourist Development Trust Fund and shall receive, at least
qu~rtmrly, expenditure reports from the Board of County
Commissioners or its designee. Expenditures which the Councik
believes to be unauthorized shall be reported to the Board of
County Commissioners and the Department of Revenue for review
pursuant to Section 125.0104(4)(e), Florida Statutes.
SECTION SIX: MEETINGS.
The Collier County Tourist Development Council shall meet
from time to time as determined necessary by the Council in
to meet the time deadlines and response requirements
led by the Board of County Commissioners herein;
;rovided, however, that the Tourist Development Council shall
!meet at least once each quarter.
SEVEN: OFFICERS; QUORUM; RULES OF PROCEDURE.
A. The Chairman of the Tourist Development Council shall
designated by the Board of: County Commissioners or, if
authorized by the Board of County Commissioners, the membership
the'Committee shall elect a Chairman from among the members.
~urther, the membership of the Tourist Development Council
elect a Vice-Chairman from among the membership. The
~. and Vice-Chairman shall be appointed or elected, as
~licable~.annually.and may be re-elected or re-appointed.
'' E. The presence of five (5) or more members shall
a quorum of the Tourist Development Council
to take action and transact business.
C. The Council shall, by majority vote of the entire
Li~, adopt rules of procedure for tho transaction of
and shall keep a written record of meetings,
=esolUtions, findings and determinations. Copies of all
Touriet Development Council minutes, resolutions, reports, and
shall be submitted to the Board of County
BECTION EIGHT: COMPENSATION.
']i~'. Members of the Tourist Development Council shall serve.
compensation, but may be entitled to receive
reimbursement for expenses reasonably incurred in the
of their duties upon prior approval of the Board of
Commissioners.
SECTION NINE: THE SUPERSEDES ORDINANCE.
This Ordinance supersedes Ordinance No. 90-43, the Tourist
0evelopment Tax Ordinance for all purposes relating to the
of a Collier County Tourist Development Council
and to its powers, duties and functions and other matters
thereto.
TEN: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other
of Collier County or other applicable law, the more
ive shall apply. If any phrase or portion of this
Drdinance is held invalid or unconstitutional by any court of
Jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding
not affect the validity of the remaining portion.
SECTIOH ELEVEN: EFFECTIVE DATE.
This O~d~nance shal~ become effective upon ~ece~p~ o~
~o~c~ ~o~ ~h~ S~c~e~a~ o~ S~a~e ~ha~ ~h~s O~d~nance has been
f~led..w~th ~he Secreta~ of State.
PASSED ~D D~Y ~O~ED by the ~oard of County
nets of Collier County, Florida, this 24~ day of
~' ~ , 1992.
. ~ Clerk BO~D OF CO~TY CO~ISSION~S
-- OF ~O~IE~CO~TY, F~RIDA
·
..., By= ~'
%%..- MICHEL J~ V~E] Chairman
~ApPrbvmd as to fo~ and
County Attorney
~'": . ' T~ls ordinance flied with the
~rv of State's ~fice th~
~/~/~
OF COLLIER
~' I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing Is a true co~y of:
Ordinance No. 92-18
which was adopted by.the Board of County Commissioners on
the 24th day of March, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
',, County CommAssioners of Collier Coun~, Florida, this 27th
E~-o~ftcto to Boa~:o~
County Commlsstone~ . ,.~'" '. ~
Deputy Clerk