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Backup Documents 07/08/2014 Item #17F 1 ?F COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • • To: Clerk to the Board: Please place the following as a: "1)1 XXX Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div Natural Resources/Growth Management Person:Gary McAlpin Date: 6/17/2014 Petition No.(If none,give brief description): Amendment to TDC Ordinance Petitioner: (Name&Address): N/A Name&Address of any person(s)to be notified by Clerk's Office:(lf 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 8,2014(ad to run no later than WEDNESDAY,June 25,2014) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ 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, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES,RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX,AN ADDITIONAL 1% TAX (3RD PERCENT), AND AN ADDITIONAL 1% TAX (4TU PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES," IN ORDER TO PROVIDE FOR REALLOCATION OF FUNDS BETWEEN CATEGORIES A THROUGH D; 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: PO f/ 4500151403 Review-• 'y: 1, (p ,a 1� Di in Ad,"' istr.•or Designee Date 1 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 ❑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 ,(' 1 fy 4,I Date Received: 1p 1 1`i' Date of Public hearing: 0 `f Date Advertised: 2i5I1 17F ORDINANCE NO.2014- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1% TAX (3RD PERCENT), AND AN ADDITIONAL 1% TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES," IN ORDER TO PROVIDE FOR REALLOCATION OF FUNDS BETWEEN CATEGORIES A THROUGH D; 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 and 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 City of Naples adopted Resolution No. 14-13429 authorizing the City Manager to submit a Fiscal Year 2014/2015 Collier County Tourist Development Council Category"A" Grant Application seeking$692,000 for a major renovation of the Naples Pier; and WHEREAS, the City of Naples has also made a special request to Collier County to allow $200,000 in Category "A" Grant Funds from Fiscal Year 2013/2014 to "roll over" to Fiscal Year 2014/2015 for a total funding request of $892,000 for a major renovation of the Naples Pier; and WHEREAS, the Tourist Development Council has reviewed and recommends approval of both City of Naples requests, recommends funding the major renovation of the Naples Pier up to $892,000 as requested, and recommends amending Ord. No. 92-60, as amended, to allow for this reallocation; and WHEREAS, the Board of County Commissioners will consider an amendment to the Tourist Development Tax Ordinance No. 92-60, as amended, in order to provide for the Words Underlined are added;Words Strtusleugh are deleted. Page 1 of 6 17F reallocation of funds between Categories A through D which will allow for the additional funding required (total $892,000)for the major renovation of the Naples Pier. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. Section Three is hereby amended to read as follows: 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: 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 area 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 development tax shall continue until terminated by an amendment to this Ordinance. The tax district shall include the entire geographic area of Collier County, Florida. The additional tourist development tax (4th 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 are 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 to the physical preservation of the beach, shoreline or inland lake or river. Words Underlined are added;Words&ruck-dough are deleted. Page 2 of 6 17F 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. CATEGORY B: To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism 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. Percentage of Net Revenue 43.438 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 C(2): Municipal owned museums and museums owned and operated by not for profit organizations open to the public: 4.764 percent CATEGORY D: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Percentage of Net Revenue Words Underlined are added;Words Struck are deleted. Page 3 of 6 17F 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 to Section 126-82(f) shall be used to finance beach park facilities, 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. (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. It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. (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) Administrative costs. a. Tourism promotion administrative costs (Fund 194) shall not exceed 32% of the total amount collected each fiscal year for Category "B" 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 Category "B" revenue. b. 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 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 Category "A" revenues. (6) 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 Words Underlined are added;Words Struck ot►gh are deleted. Page 4 of 6 17F 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) 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 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. (8)(9) 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 TIIE 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 Words Underlined are added;Words Stmek—Through are deleted. Page 5 of 6 17F 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 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 , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: olleen M. Greene Assistant County Attorney Words Underlined are added;Words atzuek<4"reug h are deleted. Page 6 of 6 17F Acct. #069087 ' June 20, 2014 Attn: Legals Naples Daily News 1100 Immokalee Road Naples, Florida 34110 Re: ORD. AMENDING ORDINANCE 92-60 Dear Legals: Please advertise the above referenced notice on Wednesday, June 25, 2014, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O./Account # 4500151403 NOTICE OF INTENT TO CONSIDER ORDINANCE . , 7F Notice is hereby given that on July 8 , 2014 in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East , Naples, Florida, the Collier County Board of County Commissioners will consider the proposed 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, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1% TAX (3'D PERCENT) , AND AN ADDITIONAL 1% TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125 . 0104 , FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES, " IN ORDER TO PROVIDE FOR REALLOCATION OF FUNDS BETWEEN CATEGORIES A THROUGH D; 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 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E . BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Hi ? F Martha S. Vergara From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Monday, June 23, 2014 8:07 AM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UAS234.jpg Hi Martha! This kicked back to me for some reason... Please provide approval ASAP for publication on 06.25.14. Thanks! Carol Thank you for placing your ad. Date 06/23/14 Publication NDN Account Number 746062 Ad Number 2029136 Total Ad Cost $327.42 1 NOTICE OF INTENT TO CONSIDER ORDINANCE 17F ‘e Notice is hereby given that on July 8, 2014 in the Board of County Corrimissioriers Meeting Room, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiarni Trail East, Naples, Florida, the Collier County Board of County Commissioners will consider the proposed 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, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1 % TAX (3RD PERCENT), AND AN ADDITIONAL 1 % TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION '125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, USES OF TAX REVENUES," IN ORDER TO PROVIDE FOR REALLOCATION OF FUNDS BETWEEN CATEGORIES A THROUGH D; PROVIDING FOR CONFLICT AND SEVERABILFIN; 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 vvith the County administrator prior to presentation of the agenda itern 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 respedive public hearing In any case, written materials intended to be considered by the Board shall be SiubrniliEd to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Bc..,arcl 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY( FLORIDA TOM HENNING, C1-1A1RMAN DWIGHT E. BROCK, CLERK I,3y: Martha Vergara, Deputy Clerk (SEAL) June 25, 2014 No. 2029136 17F Martha S. Vergara From: Hambright, Gail Sent: Monday, June 23, 2014 8:59 AM To: Martha S. Vergara; McAlpin, Gary; Greene, Colleen; Neet, Virginia; Rodriguez, Wanda Subject: RE: NDN Ad proof- Ord. Amending Ord. 92-60 - TDC Ordinance This reads per the ordinance. Colleen or Virgina could you please confirm? Thanks, Gail Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Monday,June 23, 2014 8:43 AM To: HambrightGail; McAlpinGary; GreeneColleen; NeetVirginia; RodriguezWanda Subject: NDN Ad proof-Ord. Amending Ord. 92-60-TDC Ordinance Morning All, Attached is the ad proof from NDN, please review and let me know ASAP of any changes needed as the ad is to run Wednesday. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com, quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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 17F Martha S. Vergara From: Neet, Virginia Sent: Monday, June 23, 2014 9:27 AM To: Martha S.Vergara; Hambright, Gail; McAlpin, Gary; Greene, Colleen; Rodriguez, Wanda Subject: RE: NDN Ad proof- Ord. Amending Ord. 92-60 - TDC Ordinance Martha: Colleen is in a meeting this morning. I have checked the ad and it looks good. 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. Original Message From: Martha S.Vergara [mailto:Martha.VergaraPcollierclerk.com] Sent: Monday,June 23, 2014 8:43 AM To: HambrightGail; McAlpinGary; GreeneColleen; NeetVirginia; RodriguezWanda Subject: NDN Ad proof-Ord. Amending Ord. 92-60-TDC Ordinance Morning All, Attached is the ad proof from NDN, please review and let me know ASAP of any changes needed as the ad is to run Wednesday. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 17F Martha S. Vergara From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Tuesday, June 24, 2014 2:04 PM To: Martha S. Vergara Subject: REVISED - Ad Confirmation Attachments: UAS6A4jpg OMG! You'd think I'm in vaca mode... Date is now correct... Thanks! Carol Thank you for placing your ad. Date 06/24/14 Publication NDN Account Number 746062 Ad Number 2029136 Total Ad Cost $337.62 1 NOTICE OF INTENT TO CONSIDER ORDINANCE 17F Notice is hereby given that on July a, 2014 in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Building, Collier County Government Centers 3299 Tanilarni Trail East, Naples, Florida, the Collier County Board of County Commissioners will consider the pro2osed ordinance The meeting will commence at 9:00 A.IV1 The title of the proposec Ordinance is a follows. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO 92-60, AS AMENDED, ALSO CITED AS SECTION 126 83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1 % TAX (3RD PERCENT), AND AN ADDITIONAL 1 % TAX (4111 PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, ‘ LJSES OF TAX REVENUES," IN ORDER TO PROVIDE FOR REALLOCATION OF FUNDS BETWEEN CATEGORIES A THROUGH D; 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 wrshing 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 sFieak 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 arty case, written rriaterials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public healing, All material used in presentations before the board will become a perrnanent 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. BOARD OF COUNTY COMMISSIONERS COWER COUNTY. FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK CLERK By: Martha Vergara, Deputy Clerk (SEAL) June 27, 2014 No. 2029136 17F Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/COASTAL ZONE MANAGEMENT GAIL HAMBRIGHT 2800 N HORSESHOE DR NAPLES FL 34104 NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCE REFERENCE: 069087 4 5 0 01514 0 3 Meeting is hereby given that on Julys,2014 in the g, lllierCCounty Commissioners 59750072 NOTICE OF INTENT TO Meeting Room, 3rd Trail East,Administration a Naples,Flo Building, Center, her by Tamiami taa East,Naples,2014 in,the card County Board of County at 9:00 ission The illle of the proposed pr O d nancrdi nas ce.lowe meeting will commence State of Florida County of Collier COUNTY, 126-83 OF AMENDING COLLIER ORDINANCE NO.CODE DE OF AS LAWSENDED, DIN CITED AS SECTION 26-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, Before the undersigned authority, perso RE/LATIN ( D PERCENT),LEVY T) AND%TO RSTDEVELALMEN TTAX, (N AD ICONAL appeared Robin Calabrese, Who on oath say DEVELOPMENT ACT,ISECTON 125.0104, FLORIDA STATUTES,LAS OPTION TOURIST BY THROUGHOUT she serves as the Advertising Director of FORE REALLOCATION OFFUNDSUBETWEENCATEGORIESATHROUGHD;PROVIIDING CONFLICT Naples Daily News, a daily newspaper publ rows AND ORD NANC SE AND PROVID NGDFOR AN EFFECT VEI DATE.THE CODE OF RABILITY;Naples, in Collier County, Florida: that Copies of the proposed Ordinance are on file with the Clerk to the Board and are attached copy of advertising was publishes available opie of for inspection.All dinanceedparties file are i with th Clerk to and bBheard. newspaper on dates listed. NOTE: All persons wishing to speak on any agenda item must register with the County ll persons prior to speak of the agenda item register to st addressed. Affiant further says that the said Napl Individual vidual speakers speak be organization or item.group iseencoeuraged. an News is a newspaper published at Naples, i recognized by the Chairman, a spokesperson for a group or ors encoura may be allotted 10 minutes to speak on an item. Collier County, Florida, and that the said Persons wishing es have wor graphic materials included in the Board agenda packets wishing g submit have said material e tte graphic alt materials included d in the ag by da newspaper has heretofore been continuously public hearing. In any ro riate County staff a minimum of seven days Florida All material used in presentations before the Board published in said Collier County, Board shall be submitted to the app P. day and has been entered as second class m; will beomeeapermanentrpa of the record. prior to Any person who decides to appeal a decision of the Board will need a record of the matter at the post office in Naples in Sa. proceedings pertaining thereto and therefore, record ensure and record o the proceedings thereto and based. Collier County, Florida, for a period of 1 evidence uponwFhrichtheapp next preceding the first publication of the eOARDOFCOUNTY theappealisS attached copy of advertisement; and affiant TOMIHENNING CHARMAN further says that he has neither paid nor DWIGHT E.BROCK,CLERK promised any person, firm or corporation ar By: Martha(SEAL)a'DeputyClerk ,• r discount, rebate, commission or refund for purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 06/27 AD SPACE: 102 LINE FILED ON: 06/27/14 Signature of Affiant _, —I Ili Sworn to and Subscribed eefore m- t.As day of L. �a,nu CAROL POLII•- :;- MY COMMISSION#EE 851758 Personally known by me A �� -= I:. ' ` r.r28,2014 �',7OF Ft d;:•' Bonded Thru Pichard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 7/8/14 JS 4. BCC Office Board of County *TR Commissioners V `vG / --1111 'L 5. Minutes and Records Clerk of Court's Office `t 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 Colleen M. G eene,Assistant County Phone Number 252-8400 Contact/ Department Attorney Agenda Date Item was 7/8/14 Agenda Item Number 17-F Approved by the BCC Type of Document Ordinance amending TDC Ordinance Number of Original One Attached ob 20(Li-30 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 fmal 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 7/8/14 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. 9. Initials of attorney verifying that the attached document is the version approved by the C BCC,all changes directed by the BCC have been made,and the document is ready for the '\; Chairman's signature. 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 17F . 1 MEMORANDUM Date: July 14, 2014 To: Colleen Greene, Assistant County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinance 2014-30: Amending the TDC Ordinance Attached is a copy of the document referenced above, (Item #17F) approved by the Board of County Commissioners July 8, 2014. If you have any questions, please contact me at 252-8411. Thank you. Attachments 17F MEMORANDUM Date: July 14, 2014 To: Ernie Kerskie, Director Office of the Property Appraiser From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinances 2014-30 Attached for your records is a copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, July 8, 2014. If you have any questions, please contact me at 252-8411. Thank you. Attachment 17F Teresa L. Cannon To: countyordinances @dos.myflorida.com Subject: CLL Ordinance 2014-030 Attachments: CLL20140708_Ordinance2014_030.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT BOARD MINUTES&RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER: 2014-030 Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@col I ierclerk.corn i 17F ORDINANCE NO. 2014 - 3 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1% TAX (3RD PERCENT), AND AN ADDITIONAL 1% TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES," IN ORDER TO PROVIDE FOR REALLOCATION OF FUNDS BETWEEN CATEGORIES A THROUGH D; 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 and 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 City of Naples adopted Resolution No. 14-13429 authorizing the City Manager to submit a Fiscal Year 2014/2015 Collier County Tourist Development Council Category "A" Grant Application seeking $692,000 for a major renovation of the Naples Pier; and WHEREAS, the City of Naples has also made a special request to Collier County to allow $200,000 in Category "A" Grant Funds from Fiscal Year 2013/2014 to "roll over" to Fiscal Year 2014/2015 for a total funding request of $892,000 for a major renovation of the Naples Pier; and WHEREAS, the Tourist Development Council has reviewed and recommends approval of both City of Naples requests, recommends funding the major renovation of the Naples Pier up to $892,000 as requested, and recommends amending Ord. No. 92-60, as amended, to allow for this reallocation; and WHEREAS, the Board of County Commissioners will consider an amendment to the Tourist Development Tax Ordinance No. 92-60, as amended, in order to provide for the Words Underlined are added;Words Struck Through are deleted. Page 1 of 6 17F reallocation of funds between Categories A through D which will allow for the additional funding required (total $892,000) for the major renovation of the Naples Pier. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. Section Three is hereby amended to read as follows: 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: 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 area 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 development tax shall continue until terminated by an amendment to this Ordinance. The tax district shall include the entire geographic area of Collier County, Florida. The additional tourist development tax (4th 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 are 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 to the physical preservation of the beach, shoreline or inland lake or river. Words Underlined are added;Words Struck Through are deleted. Page 2 of 6 hF 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. CATEGORY B: To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism 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. Percentage of Net Revenue 43.438 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 C(2): Municipal owned museums and museums owned and operated by not for profit organizations open to the public: 4.764 percent CATEGORY D: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Percentage of Net Revenue Words Underlined are added; Words Struck Through are deleted. Page 3 of 6 17F 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 to Section 126-82(f) shall be used to finance beach park facilities, 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. (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. It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. (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) Administrative costs. a. Tourism promotion administrative costs (Fund 194) shall not exceed 32% of the total amount collected each fiscal year for Category "B" 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 Category "B" revenue. b. 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 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 Category "A" revenues. (6) 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 Words Underlined are added;Words Struck Through are deleted. Page 4 of 6 17F 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) 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 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. f8 (9) 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 Words Underlined are added; Words Struck Through are deleted. Page 5 of 6 17F 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 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%ar\■day of 3ti\vi , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E I3ROCK, CLERK COLLIER COUNTY. FLORIDA tyrk ttest as to,.Chairmuty Clerk TOM HENN G, C IRMAN signature only Approved as to form and legality: Ce.(20- 1///) Colleen M. Greene Assistant County Attorney This ordinance filed with the Secretary of State's Office e �,�day of .,- � --- and acknowledgerser1 f tdhaat fifini eived his of 1 By Lrlam. NW, Words Underlined are added;Words Struck Through are deleted. Page 6 of 6 17F FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State July 14, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy 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. 2014-30, which was filed in this office on July 14, 2014. Sincerely, Liz Cloud Program Administrator LC/mrh Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.11.us