Ordinance 88-058ORDINANCI: NO. 118- 58
AN ORDINANCE ESTABLISIlING THE COLLIER COUNTY
%~DURIST DEVELOPMENT COUNCIL/ PROVIDING FOR
~ COMPOSITION OF MEMBERSHIP; REQUIRING A
~5 RESOLUTION TO DESIGNATE THE MEMBERS, TERMS
-_2 AND CIIAIRMAN OF TIIE COUNCILI PROVIDING FOR :,/',
'J.' ~- . RESPONSIBILITIES AND DUTIES/ PROVIDING FOR ~'".:
? · ~ETINGS{ PROVIDING FOR OFFICERS, QUORUM
:': c-~ ' ''AND RULES OF PROCEDURE; PROVIDING FOR
=~. S~EIMBURSEMENT OF MEMBERS EXPENSES UPON
~' ~ :: ~. ,PRIOR APi~ROVAL OF THE BOARD; PROVIDING FOR
~ "-~:.CONFLICT AND SEVERABILITY; AND PROVIDING ~.,,
"--' ~:A~ EFFECTIVE DATE. ~ ..
WHERE~, the Board of County Commissioners of
County, Florida, has determined that it is in the best inter(lets
of th(~ citizens of Collier County to consider the enactment o~ an
ordinance levying and imposing a tourist development tax pursuant
to the statutory authority I¢~t forth in Section 125.0104, Florida
Statutes; and
WHEREAS, Section 125.0104{4)(e}, Florida Statutes, req~l.~el
that an advisory council be established pursuant to the
provia~iona of said section; and
WHEREAS, Section 125.0104(4} (b), Florida Statutes, requires
that the members of such advisory council b~ appointed at least
sixty (60) days prior to the enactment of an ordinance levyl.ng
the tourist development tax;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUI~TY, FLORIDA, thats
SECTION ONE ~ PURPOSE.
This Ordinance is adopt:ed pursuant to the authority and
requirements of Section 125.0104, Florida Statutes, for th~
purpose of establishing the Collier County Tourist Development
Counci 1.
SECTION TWO I
ESTABLISHMENT OF THE COLLIER COUNTY TOURIST
DEVELOPMENT COUNCIL.
There is hereby established the Collier County Tourist:
Development Council which shall be composed of nine (9) members
who shall be appointed by the Collier County Board o£ County
Commi.sionars as sat forth in this Ordinance.
031,,,.:189
SECTION TIXREE~ COMPOSITION OF MEMBERSHIP.
The membership of the Collier County Tourist Davelo~nt
Council shall be composed as followsz
(a) 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, one {1) of whom shall be from
the most populous municipality in the County or
Sub-County Special Taxing District in which the
tax ia~ to be levied.
{c) Three (3) memb,~rs shall be owners or operator~ of
motels, hotels, recreational vehicle parks, or
other tourist accommodations in Collier County
subject to any tourist development tax levilld
pursuan= to Section 125.0104, Florida S~atutls.
{d) Three (3) members of the Council shall be persons
who ar~ involved in the tourist industry and who
have demonstrated an interest in tourist develop-
ment, but who are not owners or operators of
motels, hotels, recreationa~ vehicle parkl or
other tourist accommodations in Collier County
which would b. subJec~ to any tourist development
tax.
All members of the Collier County Tourist Development
Council shall be electors of Collier County and the members shall
serve for staggered terms of four (4) ~ears.
SECTION FOUR~ RESOLUTION REQUIRED TO DESIGNATE T[IE MEMBERS~
TERMS AND CHAIRMAN OF THE COUNCIL.
The members of the Coll.£er County Tourist Development
Council shall be designated and approved pursuant to a resolution
adopted by the Board of County Commissioners. The resolution
shall set forth the names of the members of the Tourist
Develol~ent Council and the term of each member. In additiolt,
the Board of County C~isaloners shall designate the Chair~n of
the Council in said re~olution or shall provide the authority for
the Council to elect a Chairman from its membership.
SECTION FIVEz RESPONSIBILITIES AND DUTIES.
A. Prior to enactment of an ordinance levying end imposing
a fourier development ta~, the Tourist Development Council shall
prepare and submit to the Board of County Commissioners for its
approval a plan for tourist development. The plan shall set
forth the anticipated net tourist development tax revenue 4) be
derived by the County for the twenty-four (24) months foll~ing
the levy of the taxj the tax district in which the tourist
development tax is proposedj and a list, in the order of
priority, of the proposed uses o[ the tax revenue by specific
project or apocial use aa the same are authorized under Section
125.0104(5}, Florida ~;tatutes. The plan shall include the
approximate coat or ex~ense allocation for each specific project
or special use.
B. ~pon adoption of an ordinance levying and imposing a
tourist development tax, the Tourist Development Council shall
make recom~endations to the Eoard of County Commissioners fo= the
effective operation of the special projects or for uses of the
tourist development ta:~ revenue. The Tourist Development Council
shall continuously re~,iew expenditures of revenues from the
Tourist Development Trust Fund and shall receive, at least
quarterly, expenditure rs~orts from the Board of County
Commissioners or its designe~. Expenditures which th~ Council
believes to be unauthorized shall be reported to th~ Board of
County Commisaioner~ and the Department of Revenue for review
pursuant to Section 125.0104(4) (e), Florida Statutes.
SECTION SIX~ MEETINGS.
The Colliur County Tourist Development Council ~hall meet
from time to time as determined necessary by tho Council
provided, however, that the Tourist Development Council shall
meet at least once each quarter.
SECTION SEVEN~ OFFICERS; QUO~UH; RULES OF PROCEDURE.
A. The Chairman of th(~ Tourist Development Council aha:Il be
designated by the Board of County Commissioners or, if
authorized, the membership of the Committee shall elect
Chai].~nan from among the members. Further, the membership of the
Tourist Develo[~uent Council shall elect a Vice-Chairman fx'om
amon~.! the membership. The Chairman and Vice-Chairman shall be
appointed or elected, as applicable, annually and may be
re-elected or re-appointed.
B. The presence of five (5) or more members shall
cons~:itute a quorum of the Tourist Development Council necessary
to take action and transact business.
C. The Council shall, by majority vote of the enti~e
memb(~rship, adopt =ules of procedure for the transaction
business and shall keep a written record of meetings,
resolutions, findings and determinations. Copies of all
Tour:~at Dsvelopment Council minutes, resolutions, reports, and
exhibits shall be su~ittod to the Board of County Commiasiollera.
SECT~£ON EIGHT: COMP~:NSATIO~.
Members of the Touris~ Development Council shall aer~e
without compensation, but may be entitled to receive
rei~)ursement for ex~nses reasonably incurred in the performance
of their duties upon prior approval of the Board of County
Co~m~ssionera.
SECTION NINE~ CONFLICT AND ~EVERABILITY.
In the event this Ordinance conflicts with any
ordinance of Collier County or other applicable law, the
reat~ictiva shall apply. ~f any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
comp~stent jurisdiction, such portion shall be deemed a sops=ate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SEC',~ION TF.N~ EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice
frml the Secretary of State that this Ordinance has been filed
witJi the Secretary of State.
ATTE~,T: · ,,
· J,A~. ' ~ C./GILES',~lerk
A~owd..aa to fo~
legal ~lciency:
Kenh~th B. Cuyle~
Collier County A[tornoy
BOARD OF COUNTY COMMISSIONERg
COLLIER COUNTY, FLORIDA
ARNOLD LEE GLASS, Chairm~a
This oedinance filed wi~h fl'~
STATE OF FLORIDA
COUNTY OF COLLIER
I. JANES C. GILES. Clerk of Courts in and for the
l~ent£sth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing lea true copy of:
Ordinance No. 88-58
l{htch was adopted by th(} Board of County Commissioners on the
14th day of June, 1988, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, thta 15~h
day of June, 1988.
SAHBS C, GIL;S
Clerk of Courts and,'~lerk
o
Ex-officio to Board of
C oun ~y.. ColalIelIone~s
By: Virginia Nagr! /,/
Deputy Clerk ' / I,