Backup Documents 12/09/2003 WBOARD OF COUNTY
COMMISSIONERS
WORKSHOP MEETING
DECEMBER 9~ 2003
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Colher 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
as published in said newspaper 1
time in the issue
On December 7a', 2003
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; distr/buted 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 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
( Signat(rre of affiant)
Sworn to and subscribed before me
This 9th day of December ,2003
(Signature of notary public) f
~{~,~ Horriett Bushong
i~ MYCOMMISSION# DD234689 EXPIRES
?. .."~? July 24, 2007
,;, o~= ~,v~,,, BONDtD TN;~U TROY FAiN INSURANC[, INC.
NOTICE OF
BOARD OF COUNTY
COMMF~IONERS
WORKSHOP
COLLIER COUNTY,
FLORIDA
DECEMBER g, 2003
g:00 AM, - 12:00 Noon
Notice Is hereby glven~
that the Collier CountyI
Board of COUnty Com-i
missioners will hold al
WorkShOp ~n :.TUES~AY,I
DECEMBER g; ~O~3
9:00 A,M., In the Board
County Commissioners|
Boardroom at the Colller~
C ou nt..y Government
Ccmplex~ W. Harmon.
Turner BUild ng, 3ro
Floor, 3301 East Tamlamh
Trail, Naples, Florida,
The Workshop will In-I
cluda, but may ]not be
limited to, the foll~wlng:
ToUrlst Deve:iopment
Council WOrkshop
..'[he meeting is o~n to
g oples of the agenda
r said m~tlng wilt
made a¥11lahle'to the
t'al~d at the Public
formation Office, locat-
ed on the First Floor of
the W. Harmon Turner
Bolidlng.
All Interestedpartles
are Invited to attend.
r to ~1~ and~
SU/~DmSt~ their O~eotlon
If any, In writing, to
~ pKI.or to the sp_l
.ClOt .meetl. n~, All regl;
~erea PUD. Itc speakm
wi. II be llm~e~ to five (!
minutes unless petrol.
8ion for additional tim
Is granted by the Chal~
Any person who. decid-
es to appeal a aeclsion,
of the~ will need al
.record o~..tile proceed-]
mg.s .pert~Jnlng thereto,I
to ensure that avema-/
tim record of the pro-/
ceedl~ is made, Whlch~
record Includes the tes-
timony and evidence
.uPOn which the appeal
~s to be hued.
Collier County Ordl-
Ttanco No. 99-22 requires
that all lobbyists shall,
before engaglnD in any
lobby nD act v]tles (i-i
ncludlng, but not Ilmltedi
to, ~add~esslng the BoarclI
of county Commiaslon-i
ers), register with thai
Clerk to the Board at thel
Board Minutes and Ite-I
corde Depamr~nt.
If .~.uare a ~mon wlthl
a disability who needsl
any accommodation* Inl
order to participate inI
this Proceeding, you arel
entitled, at no cosf tol
you, to. tho pro.vision of
certain aSSlS/~ance.i
PleaSe contact the Co-I
Ilar County FacUlties
Management Depart-
ment located at 3301
East Tamlam Trail,
Naples, Florida, 34112,
(239) 774.83S0i ass sted
listeninl} devices for the
hearing impaired are
available in the County
BOAR:~, OF~ COUNTY
COMMIS~ONERS
COLLIER COUNTY
FLORID& :.
Tom H~, Chairman
CLERKDWIGHT'E'* BROCK,i
By:/~' ~ ~enyon
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
WORKSHOP w/TDC
AGENDA
December 9, 2003
9:00 a.m.
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chair, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTy MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS 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 TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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
1
December 9, 2003
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIlI
CALL TO ORDER
ROLL CALL
CHANGES AND APPROVAL OF AGENDA
OLD BUSINESS
Category "A" Beach Project Funding Policy
REVIEW OF 2003- Jack Wert, Tourism Director
a. WhatWe Proposed
b. What We Accomplished
RESEARCH REPORT- Walter Klages, Research Data Services
2003 Third Quarter
Focus Group Research
PLANNING FOR 2004 -Paradise Advertising & Marketing-
Cedar Hames, President
a. New Branding and Positioning
b. Proposed Media Plan for 2004
NEW BUSINESS
Resolution Designating CVB as Official County
Tourism Promotion Agency
ANNOUNCEMENTS
AUDIENCE INPUT & DISCUSSION
BCC/TDC DISCUSSION
NEXT TDC MEETING DATE/LOCATION
December 22, 2003- County Commission Chambers
ADJOURNMENT
2
December 9, 2003
NOTICE OF
BOARD OF COUNTY COMMISSIONERS WORKSHOP
COLLIER COUNTY, FLORIDA
DECEMBER 9, 2003
9:00 A.M. - 12:00 Noon
Notice is hereby given that the Collier County Board of County Commissioners will hold a
Workshop on TUESDAY, DECEMBER 9, 2003 at 9:00 A.M., in the Board of County
Commissioners Boardroom at the Collier County Government Complex, W. Harmon Turner
Building, 3rd Floor, 3301 East Tamiami Trail, Naples, Florida. The Workshop will include, but may
not be limited to, the following:
Tourist Development Council Workshop
The meeting is open to the public.
Copies of the agenda for said meeting will be made available to the press and may be obtained at
the Public Information Office, located on the First Floor of the W. Harmon Turner Building.
All interested parties are invited to attend, to register to speak and to submit their objections, if
any, in writing, to the Board prior to the special meeting. All registered public speakers will be
limited to five (5) minutes unless permission for additional time is granted by the Chairman.
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 to be based.
Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any
lobbying activities (including, but not limited to, addressing the Board of County Commissioners),
register with the Clerk to the Board at the Board Minutes and Records Department.
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 3301 East Tamiami
Trail, Naples, Florida, 34112, (239) 774-8380; assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Tom Henning, Chairman
DWIGHT E. BROCK, CLERK
By:/s/Maureen Kenyon
Deputy Clerk
October 31, 2003
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: NOTICE OF 12/9/03 BCC WORKSHOP
Dear Georgia:
Please advertise the above referenced notice on Sunday, December 7, 2003, and kindly send the
Affidavit of Publication, in duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Trish Morgan
Deputy Clerk
P.O./Account # 200213
NOTICE OF
BOARD OF COUNTY COMMISSIONERS WORKSHOP
COLLIER COUNTY, FLORIDA
DECEMBER 9, 2003
9:00 A.M. - 12:00 Noon
Notice is hereby given that the Collier County Board of County Commissioners will hold a
Workshop on TUESDAY, DECEMBER 9, 2003 at 9:00 A.M., in the Board of County
Commissioners Boardroom at the Collier County Government Complex, W. Harmon Turner
Building, 3ra Floor, 3301 East Tamiami Trail, Naples, Florida. The Workshop will include, but may
not be limited to, the following:
Tourist Development Council Workshop
The meeting is open to the public.
Copies of the agenda for said meeting will be made available to the press and may be obtained at
the Public Information Office, located on the First Floor of the W. Harmon Turner Building.
All interested parties are invited to attend, to register to speak and to submit their objections, if
any, in writing, to the Board prior to the special meeting. All registered public speakers will be
limited to five (5) minutes unless permission for additional time is granted by the Chairman.
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 to be based.
Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any
lobbying activities (including, but not limited to, addressing the Board of County Commissioners),
register with the Clerk to the Board at the Board Minutes and Records Department.
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 3301 East Tamiami
Trail, Naples, Florida, 34112, (239) 774-8380; assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Tom Henning, Chairman
DWIGHT E. BROCK, CLERK
By:/si Maureen Kenyon
Deputy Clerk
Patricia L. Morgan
To:
Subject:
Georgia (E-mail)
Advertising - BCC Workshop Notice of 12/9/03
®(ease run the attachecFacFon Sunday, ®ecemSer 7, 2003.
'Tfia n~.you,
5~[inutes e~ q~ecoraFs
BCC NOTICE
¢/KSHP-12-9-03.doc
BCC Workshop
Notice 12-9-03.do,..
Patricia L. Morgan
From:
Sent:
To:
Subject:
postmaster@clerk.collier.fi.us
Friday, October 31,2003 9:11 AM
Patricia U Morgan
Delivery Status Notification (Relay)
ATT212001.txt Advertising - BCC
Workshop Not,..
Clhis is an automatica£fy generatec[ CDe£ivery Status BFotification.
(Four message has 6een successfuffy reFayecF to the foffowing recipients, 5ut the requestear are£ivery status notifications may not
6e generatecF Sy the destination.
[egafs&napFesnews. corn
Patricia L. Mor~lan
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, October 31,2003 9:02 AM
Patricia L. Morgan
Delivered: Advertising - BCC Workshop Notice of 12/9/03
Advertising - BCC
Workshop Not.,.
<<.Advertising - gcc Workshop Hotice of 12/9/03 >> ~Your message
TO: Georgia (B-mai0
Subject: .Advertising - gcc Workshop Hotice of 12/9/03
Sent: qcri, 31 Oct 2003 09.'10:54 -0500
was delivered to the following recipient(s):
legals on yri, 31 oct 2003 09:02:00 -0500
Advertising - BCC Workshop Notice of 12/9/03 Page 1 of 1
Patricia L. Morgan
From: legals [legals@naplesnews.com]
Sent: Friday, October 31,2003 4:59 PM
To: Patricia L. Morgan
Subject: RE: Advertising - BCC Workshop Notice of 12/9/03
rcvd
to run dec. 7
georgia
..... Original Message .....
From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us]
Sent: Friday, October 31, 2003 9:11 AM
To: Georgia (E-mail)
Subject: Advertising - BCC Workshop Notice of 12/9/03
®[ease run the attacfted ad on Sunday, ®ecember 7, 2003.
qT/ianl~, you,
5*tinutes e~ q(ecords
<<BCC NOTICE WKSHP-12-9-O3. doc>> <<BCC Workshop Notice 12-9-03. doc>>
1/3/2003
CATEGORY 'A' BEACH
PROJECT FUNDING
POLICY
JOINT BCC/TDC WORKSHOP
DECEMBER 9, 2003
A BRIEF HISTORY
· May 27- Staff Rational
Nexus Proposal
· June 10- BCC Deferred
Projects for Policy
· Aug. 12- CAC Reviewed
Su b-Committee Policy
& Recommended to
TDC Sub Committee
· Aug. 21 TDC Sub-
Committee Reviewed
CAC Policy
· Sept. 11- CAC
Recommended TDC
Sub-Committee Policy
with Changes to Grant
Review Process
· Sept. 22- TDC
Recommended Policy
· ()ct. 14 BCC Reviewed
CAC/TDC Policy
· Dec. 2- BCC Deferred
Policy to Dec. 16.
REVIEW OF EACH POLICY
May 27 Staff Policy
Boat Launch & Beach Access Master
Plan Resulting From BCC Approval
Leverage State & Federal Funding
Beach Access to Satisfy Growth
Management Plan
Addressed Inlet Management &
Navigation Dredging
TDC/CAC Had Not Reviewed
2
August 21 CAC Policy T°
TDC Sub-Committee
· TDC added "State & Federal Funding
Should Be Diligently Pursued"
· Added Public Shuttle Drop Off Points to
½ Mile Provision
· Deleted "Residence" from ½ Mile
Provision
September 11- CAC
· Added Review of all Renourishment and
Beach Park Facilities Projects to CAC
· No Reserves Provisions
· No Policy for Purchasing Beach Access
October 14 CAC/TDC
Policy To BCC
· Difficult to Administer
· No Sand By-Passing or Dredging
· Limited Beach Access Language
· No Reserve Requirements
· No Beach Park Facilities Provisions
December 2ua Staff
Amended Policy
· Blends Vital Need for Beach Preservation with
Need for Adequate Beach Access
· Blends Language from All Previous Policies
· Reserves for Catastrophe and Major
Renourishment Projects
· Shares Cost of Monitoring Where Applicable
· Adds Dedicated amount for Beach Park
Facilities
December 2nd
Amended Policy Cont.
· Still Difficult to Administer
· Incorporates CAC Guidelines for Eligibility
· Provision for Inlet Sand Bypassing
· Provision for Shore Protection Structures
· Navigational Dredging not Addressed
· Designates Project Review by both
CAC and PARAB
Benefits of Dec. 2
Staff Amended Policy
Incorporates CAC Eligibility Guidelines
Designation of Tourism Funds
Catastrophe Reserve Provisions
Major Renourishment Project Reserve
Projects Reviewed by CAC and PARAB
· Then to TDC and BCC
MAPS OF PROJECT AREAS
Recommendation
Recommend Staff Amended Policy to
County Commission for Review on
December 16, 2003
REVIEW OF EACH POLICY
May 2003 CAC Policy Status Quo
· No Beach Access Language
· No Cost Sharing
· All Beaches Qualified for Funding
1 O-YEAR PLAN
CLXSs~cFlorida
".Everglades
READ AHEAD MEMORANDUM
DATE:
December 4, 2003
TO:
Board of County Commissioners
Tourist Development Council
VIA:
Jim Mudd, County Manager
COPY:
Leo Ochs, Deputy County Manager
FROM:
Jack Wert, Tourism Director
PURPOSE: In preparation for the Joint BCC/TDC Work Session on December 9,
2003, we have prepared this information packet for you to review. The complete meeting
agenda is also included.
The Board of County Commissioners (BCC) deferred action on the proposed Tourist Tax
Category "A" Funding Policy until December 16, 2003. This action was to give the
Tourist Development Council (TDC) an opportunity to review the policy and to make a
recommendation to the BCC on that policy. The attached information will give the BCC
and TDC some background information on the history of the tourist development tax and
Category "A" funding. Attached please find:
1. Memorandum dated July 14, 2003 recapping the history of the tourist
development tax in Collier County.
2. FS 125.0104 5 (a) indicating the Authorized uses of tourist development finds.
3. Collier County Election Results of ballot questions related to the tourist
development tax
4. Copies of the actual ballots from the 1992 Refvrendum and the 2000 Straw Ballot.
5. Collier County Ordinance 92-60 establishing thc tourist development tax.
6. Collier County Ordinance 95-56 for the additional 1% levy
7. Collier County Ordinance 2001-31 changing tl.e percentages of each category
8. Executive Summary for May 27, 2003 BCC me,'ting outlining the staff proposed
policy
9. Coastal Advisory Committee (CAC) Funding 1~, :icy of Sept. 11, 2003 that was
recommended by the TDC to the BCC on Octob~ r 14, 2003.
10. Staff compromise policy deferred to December 16 by the BCC
on December 2, 2003.
11. 10-Year Plan as of July 23, 2002
12.10-Year Plan from May 8, 2003 CAC meeting.
Convention & Visitors Bureau
3050 N. Horseshoe Drive #210, Naples, FL 34104
T (239) 403-2384 · F (239) 434-5066
E jackwert@colliergov, net· W www.classicflorida, com
Memorandum
To:
CC:
From:
Date:
Subject:
Chairman Tom Henning
James V. Mudd, County Manager
Leo Ochs, Deputy County Manager
Joseph K. Schmitt, Administrator, CDES
Bleu Wallace, CDES Operations Director
Jack Wert, Tourism Director
July 14, 2003
Information Regarding Tourist Development Taxes and Ordinances
The purpose of this memorandum is to provide you with statutory parameters regarding the use of
Tourist Development Taxes, the history of Tourist Development Taxes in Collier County and
current allocations to each of the categories based on the various County Ordinances.
Current members of the TDC are as follows:
Councilman Glenn Tucker, Marco Island
Robert Dictor, Marco Island Marriott
Joe Dinunzio, Quality Inn Gulf Coast
Susan Becker, Naples Concierge
Commissioner Tom Henning, BCC
Vice-Mayor Gary Galleberg, Naples
Kevin Durkin, Quality Inn Golf Resort
David Loving, Everglades City Council
Rhona Saunders, Marketing Consultant
Bud Stanner- Non-Voting
Legal Counsel: Assistant County At-tome)' Heidi Ashton
Staff: Tourism Director Jack Wert
Sales & Marketing Manager Debi DeBenedetto
Florida Statutes. Chapter 125.0104, Flo;.'cl~ Statutes, deals with the "Local Option Tourist
Development Act", which states that persor:: who visit the state for six months or less are
generally "exercising a privilege which is subject to taxation under this section." The statute
declares that any county in the state may levy and impose a tourist development tax within its
boundaries of the aforementioned taxable privilege.
Toudsm Development Department
FS 125.0104 dictates precisely how such tourist tax revenues may be used. The following extract
from Section 5 of the statute cites the allowable uses of the tax:
1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or
promote one or more publicly operated convention centers, sports stadiums...
auditoriums or museums that are ...within the boundaries of the county., in which the
tax is levied..." '
2. To promote and advertise tourism in the State ofFlorida...iftax revenues are
expended for an activity, service, venue, or event, [the same] shall have as one of its main
purposes the attraction of tourists... ["Promotion" is defined in the Act as "marketing or
advertising designed to increase tourist-related business activities."]..."
3. To fund convention bureaus, tourist bureaus, tourist information centers, and news
bureaus..."
4. To finance beach park facilities or beach improvement, maintenance.., and erosion
control, including shoreline protection...or restoration of inland lakes and rivers to which
there is public access..."
History of Tourist Development Taxes in Collier County. In 1990, Ordinance No. 90-43 was
adopted that imposed a 3% Tourist Development Tax throughout Collier County. The allocation
was: Beach projects and pass maintenance- 44%; culture & fine arts- 11%; sports stadiums -33%;
promote tourism- 6%; promote museums and nature preserves -6%.
In 1992, Ordinance 92-18 established the Tourist Development Council (TDC) as follows:
Chairman of the County Commission
Two elected municipal officers, one from the most populous municipality.
Three owners or operators of establishments that collect the tourist tax.
Three people involved in the tourism industry, but do not collect the tax
The nine members serve staggered four-year terms. The TDC was to adopt and recommend a
plan for the uses of the tourist tax for the first 24 months following the successful referendum.
In 1992, the Board adopted Ordinance 92-60, imposing a 2% Tourist Development Tax
throughout Collier County pursu'tnt to the Local Option Tourist Development Act, Chapter
125.0104, Florida Statutes. The Tax was on lodging for any visitor of six months or less. Revenue
from the 2% tax along with revenues collected from November 1990 to November 1991 was to
be allocated into two categories as follows:
Category "A" Tr f aance beach improvements, maintenance, renourishment,
re'~r,ration and erosion control, including pas and inlet
man;~ement. 60%.
Category "B" - To aavertise and promote County tourism within the State of
Florida, nationally and internationally, which encourages tourism,
with an emphasis on off-season visitors to Collier County. 40%.
(25% for advertising and direct marketing and 15% for local
projects or activities that promote tourism)
Tou~sm Development Department
As stipulated in Ordinance 92-60, in 1992, the voters of Collier County passed a Referendum
(47,532 for and 20,523 against) to approve the levy of the 2% Tourist Development Tax.
Ordinance 93-245 established a grant review process for applications for tourism funding for
Category "A" beach renourishment and pass maintenance projects.
In 1995, the BCC adopted Ordinance 95-46 by extraordinary vote, amending Ordinance 92-_60,
providing an additional 1% Tourist Development Tax (to the 2% already being collected)
beginning January 1, 1996 and terminating December 31, 1999. Upon expiration of the additional
1% Tax, the Tourist Development Council could request the Board to review funding allocations
at five year intervals. The additional 1% tax revenues were to be used 100% to finance beach
improvements maintenance, renourishment, restoration and erosion control.
Substantial changes to the tourist development ordinance could be made by extraordinary vote of
the County Commission (majority plus one).
The 3% Tourist Tax adopted by Ordinance 90-43 became the subject of litigation, and was
repealed by Ordinance 95-57 in 1995.
In 1996, Ordinance 96-54 changed the allocation of the tax revenue and added a Category "C" for
funding County owned museums. The new allocations were as follows: Category "A" Beach projects- 60%
Category "B" - Promotion and advertising- 33% (25% advertising; 8% for local projects)
Category "C"- County owned museums - 7%
In 1997, the BCC adopted Ordinance No. 97-21, providing additional guidelines for Category
"A" funds, to allow expenditures for fishing piers and to allow the County to retain funds for
administrative costs. The new allocations were as follows:
Category "A"- 60% reduced by the amount of the new Category "D" funding
Category "B" 33-40%
Category "C" 7%
Category "D" publicly owned fishing piers- $200,000 maximum
Costs related to the administration of the tourist tax could be deducted from the tax revenue by
the County of up to 3%, less the amount charged by the County Tax Collector. That breakdown
was: Tax Collector 2%; Co,~nty 1%.
In 1998, the Board adopted Ordinance 98-95, expanding the use of Category "C" funds to include
museums owned and operate t by not for profit organizations and open to the public. The new
allocations were as follows'
Category "A"- 60%
Category "B"- 40%
Category "C" - C-1 fm County-owned and operated museums
C-2 for grants to non-County owned museums.
Category total: 7%
Category "D" - $200,000 maximum
Tourism Development Department
Ordinance 98-96 added one non-voting member to the Tourist Development Council (TDC) with
"professional experience in promotion and marketing of special events." The BCC has the option
of leaving this position vacant if no applicant is qualified. That position is currently filled but the
appointee is inactive.
Ordinance 98-111 was adopted by extraordinary vote of the County Commission to expand
Category "A" funding from the additional 1% tax to include "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." Allocations for each of
the categories remained unchanged from the 98-95 Ordinance.
Ordinance 99-50 amended the allocations by increasing the Category "C" funding to 15% and
reducing the Category "B" funding by the amount budgeted to Category "C" or 25%. The new~
allocations were:
Category "A"- 60%
Category "B" - 25%
Category "C"- 15% maximum
Category "D"- $200,000 maximum
In December 1999, the Board approved the ballot question for the March 2000 election ballot to
extend the sun setting of the additional 1% levy. Voters overwhelmingly approved the
continuation of the additional penny, dedicated 100% to beach renourishment.
Ordinance 2000-44 changed the composition of the TDC to alternate membership between the
cities of Everglades City and Marco Island for the second municipal position. Future cities would
be added to the rotation.
Ordinance 2001-03 established the Coastal Advisory Committee. The committee is to advise and
make recommendations to the BCC and TDC on: long term beach erosion control; prioritizing of
capital projects; recommending alternative funding sources for projects; coordinating with
regional and state groups; outlining coastal management policies and construction procedures.
Ordinance 2001-31 further amended the allocations as follows:
Category "A"- 50% of the 2% tax and 100% of the 1% tax
Category "B"- 23.236% of the 2% tax
Category "C' - 26.764% of the 2% tax (C-1 - 19%; C-2- 7.764%)
Category "D"- $200,000 maximum
Additional uses r,f Category "A" funds were added to include "beach park fa zil~ties and pass and
inlet maintenanc(" to the list of allowable expenditures.
June 21,2001, the County Attorney received an Attorney General Opinion # 2001-42 in response
to a request to use Category "A" funds for the purchase ofbeachfront land to be used as an
additional public preservation and recreation area as an addition to Barefoot Beach. The AGO
indicated that for land access for preservation purposes, the use of tourist tax funds was
permissible.
Tourism Deve/opment Department
Resolution 2002-226 permitted municipalities to recommend TDC appointees who may or may
not be elected officials as long as the appointmem conforms to 125.0104 (c).
Resolution 2002-501 was passed by the BCC on December 17, 2002, establishing the Greater '
Naples, Marco Island and the Everglades Convention & Visitors Bureau as the official
Convention & Visitors Bureau for Collier County fro Collier County tourism and convention
promotion.
Ordinance 2003-10 expanded Category "B" funding uses to allow the funding of Convention
Bureaus, Tourist Bureaus and Tourist Information Centers and News Bureaus as County
Agencies. The allocations remained unchanged as follows:
Category A: 50% of the 2% tax and 100% of the 1% tax
Category B: 23.23% of the 2% tax
Category C: 26.764% of the 2% tax (C-1 19%; c-2 7.764%)
Category D: $200,000 maximum
For clarification purposes:
Special Event Grants and Sponsorships are funded from Category "B" Reserves.
FS 125.0104 provides for a maximum of 3% of the total tax revenue to fund administrative costs.
The Tourist Development Tax is paid to the Collier County Tax Collector on a monthly basis.
The Tax Collector retains 2% of collections to cover his administrative costs in administering the
program. The remaining 1% of collections funds staff support for the TDC, Convention &
Visitors Bureau (CVB) and other County provided support services.
Please direct any questions regarding the Tourist Development Tax to Jack Wert at 403-2384.
Tourism Development Department
125.0104 Tourist development tax; procedure for levying; authorized uses; referendum;
enforcement.--
5) AUTHORIZED USES OF REVENUE.-
(a) All tax revenues received pursuant to this section by a county imposing the tourist
development tax shall be used by that county for the following purposes only:
1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more publiily owned and
operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums, or museums that are publicly owned and
operated or owned and operated by not-for-profit organizations and open to the public, within the boundaries of the eonnty or
subcounty special taxing district in which the tax is levied. Tax revenues received pur~nt to this eection may also be used for
promotion of zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to
the public. However, these purposes may be implemented through service contracts and leases with lessees with sufficient expertise or
financial capability to operate such facilities;
2. To promote and advertise tourism in the Slate of Floricla and nationally and intemationall3r, however, if tax revenues Me expended
for an activity, service, venue, or evenl, 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;
3. To fund convention bureaus, tourist bureaus, tourist information centers, and news bureaus as county agencies or by contract with
the chambers of commerce or similar associations in the county, which may include any indirect administrative costs for services
performed by the county on behalf of the promotion agency; or
4. To finance beach park facilities or beach improvement, maintenance, renourishment,
restoration, and erosion control, including shoreline protection, enhancement, cleanup, or
restoration of inland lakes and rivers to which there is public access as those uses relate to
the physical preservation of the beach, shoreline, or inland lake or river. In counties of
less than 100,000 population, no more than 10 percent of the revenues from the tourist
development tax may be used for beach park facilities.
(b) Tax revenues received pursuant to tiffs section by a county of less than 600,000 population imposing a tourist development mx
may only be used by that county for the following purposes in addition to those purposes allowed pursuant to paragraph (a): to
acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more zoological parks, fishing piers
or nature centers which are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public.
All population figures relating to this subsection shall be based on tho most recent population estimates prepared pursuant to the
provisions ors. 186.901. These population estimates shall be those in effect on July 1 of each year.
(c) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds issued by the
county for the purposes set forth in subparagraphs (a)l. and 4. or for the ~urpose of refunding bonds previously issued for such
purposes, or both; however, no more than 50 percent of the revenues fro~., ~he tourist development tax may be pledged to secure and
liquidate revenue bonds or revenue refunding bonds issued for the purposes set forth in subparagraph (a)4. Such rovenun 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 the county shall provide. The Legislature intends that
this paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplementzJ and
additional to, and not in derogation of, any powers now existing or later cot fen'ed under law.
(d) Any use of the local option tourist developm,:p, tax revenues collected pursuant to
this section for a purpose not expressly authorizer, >y paragraph (3)(1) or paragraph (3)(n)
or paragraph (a), paragraph (b), or paragraph (c) of this subsection is expressly
prohibited.
Z ~
LIJ
I lo ~. eB~d
FROH : ELECTIONS OFF[CE F~X ND. : 941-?74-94E~9 Jun. 89 ~1~33 08:52AM P3
P12 Official Ballot
GENERAL ELECT[ON
Colller County, Florida - November 3, 1992 j
;¥-. :. ,~. . ,,!~ .~ ,..~, , . ,,.,,
,%~ ~ . ,~ ........ ~,..; ~i~ .... , . i~ - ..... . ~' ~ -.~ .< .., ....... .~.:~. ~'.;i~.~=~..;l~'~.~ ·
REFERENDUM ELECTION TO APPROVE THE LEVY
OF 2% TOURIST DEVELOPMENT TAX
SHALL COLLIER GOUNTY ORDINANCE NO. 92-80 BE APPROVED'FO LEVY, IMPOSE ANO SET A
TWO PERCENT TOURIST DEVELOPMENT TAX ON EACH DOLLAR OF THE TOTAL RENT CHARGED
ON ANY LIVING QUARTERS OR ACCOMMODAT!ONS IN ANY HOTEL, MOTEL. RESORT, APARTMENT,
I~OOMING HOUSE, MOBILE HOME PARK, RECREATIONAL VEHICLE PARK,'OR CONDOMINIUM FOR
A TERM OF SlX MONTHS OR LE~q~ FOR FINANCING BF_.ACH R~NOURISHMENT AND MAINTENANCE,
AND TO PROMOTE AND ADVERTISE TOURISM?
YES FOR THE TOURIST DEVELOPMENT TAX 219 ~)m,
NO A~,AiNSTTHE TOURISq' DEVELOPMENT TAX 220 -=~
STRAW BALLOT
SHALL THE BOARD DF COUNTY COMMISSION=_.RS VOTE TO LEVY AN ADDITIONAL CENT TO THE
OR!GINAL TWO PERCENT TOURIST DEVELOPMENTTAX ON EACH DOLLA~ OF THE RENT CHARGED
C.N ANY LIVING QUAF~TERS OR ACCOMMODATIONS IN ANY HOTEL, MOTEL, RE~ORT, APARTMENT,
RODMiNGHOUSE, MOBILE HOME PAqK, RECREATIONAL VEHICLE PARK. OR CONDOMINIUM FOR A
TERM OF SIX MONTHS OR LES,~ IN ORDER TO PAY DEBT SERVICE ON BOND~ I~SUED TO
FINANCE THE CONSTRUCTION OF A PROFESSIONAL BASEBALL FRANCHISE FACILITY?
YES 226
NO 227
COUNTV"~/[DE
F=C.M : S~.E.CTI31-~S 3~'F'iCS ?A~-; ~,0. : 9-ii-7T-;-_=46c~ Jun.
1
B
OFFICIAL BALLOT, PRESIDENTIAL PREFERENCE PRIMARY
DEMOCRATIC PARTY
COLLIER COUNTY, FLORIDA
March 14, 2000
PRESIDENTIALrata ~PREFERENCE Or* IAl Bill Gore Bradley 109
ST~W BA~OT REF~DUM ~ECTION
ON CO~INUATION OF ~E ~DmONAL ONE
P~CENT TOURIST D~LOPME~ T~
Sh~ bhe e.'dsling additional one ~rcent tourist ~velopment tax continue to be levied upm
sr~rt-lenn rentaJs in Collier Courtly to fund beach renoudshment and pass and lake
maintenance pursuant to Collier County Ordinance No. 92.60, as amended, and au~orized by
Section I25.0104, Flerida Statutes.
FOR t~e continuation of the additional
One Cent Tourist Development Tax
AGAINET l~le continuation of+he adctitional
One Cant Tourist Oevetogment Tax
ORDINANCE NO. 92-~_~__
AN ORDINANCE TO LEVY, IMPOSE AND SET"A TWO
PERCENT (2%) 'tOURIST DEVELOPMZNT TAX
THROUGHOUT COLLIER COUNTY PURSUANT TO THE
"LOCAL OPTION TOURIST DEVELOPMENT ACT",
CHAPTER ~2~.0L04, FLORIDA STATUTES; PROVIDING
FOR THE COLL£CTION. OF SAID TAXI PROVIDING
A TAX ON EACH WHOLE AND ~JOR F~ZON OF
DOLOR OF THE TOTAL RENTAL CHARGED EVERY
PERSON WHO PINTS, LEASES OR L~S FOR CON-
ACCO~O~ATIONS IN ANY HOTEL, AP~ENT HOTEL,
MOTEL, RESORT MOTEL, APARTMENT, APAR~T
MOTEL, ROOMING HOUSE, MOBILE HOME P~,
RECR~TIONAL VEHICLE PA~, OR CONOOMINI~ ~OR
A TE~ OF S~X (6) MONTHS OR LESS; PROVIDI~
THAT THE REVENUES SO ~ZSE~ 8E ~ILZZZP T~
IMPLEMENT THE COLLIER COUNTY TO~IST DE-
VELOPMENT P~N; SETTZN~ FORTH AND
FOR THE APO~TION OF THE COLLIER COUN'rY TO~ST
~EVELOPMENT P~N; ~ROVIDIN~ FOR A REFEREN~
ON THE TOURIST ~EVELOPMENT TAX; PROVIDING
THE USE OF PREVIOUSLY COLLE~EP TAX
SE~ING FORTH THE ESTABLISHMENT OF TH~
0EVELOPMENT COUNCIL BY PREVIOUS ORDIN~C~;
PROVIOING PENALTIES FOR FAILURE TO COLLE~ THE
TAX LEVIED; PROVIDING PENALTIES FOR MIS-
REPRESENTATION RE~ARDXNG COLLECTION OF THE TAX
LEVIED; PROVIDIN~ FOR COLLE~ION BY LIEN;
PROVI~IN~ FOR REPEAL OF THE TAX BY REFEREN~
ELECTION; PROVIDING FOR LOCAL COLLECTION ~D
ADMfNIST~TION OF THE TAX; PROVIDING FOR
SEVE~BfLITY OF ORDINANCE PROVISIONS; SE~ING
FORTH AN EFFECTIVE ~ATE FOR THIS OR~fNANCE;
SETTING FORTH REQUIREMENTS FOR COPIES TO THE
DEPARTMENT OF REVENUE; AND SE~ING FORTH
EFFECTIVE ~ATE FOR THE LEVY OF THE TAX.
WHEREAS, Chapter 125.0104, Florida Statutes, provides for the
levy of a local option tourist development tax by any county; and
WHEREAS, pursuant to the provisions of said statute, the
Board of County Commissioners of Collier C~unty, Florida on March
24, 1992 adopted an ordinance establishing a Collier County
Tourist Development Council and stating the Board of County
Conuaissioners, intention to consider the enactment of an ordinance
~{' '~mvying and imposing a tourist development tax; and
WHEREAS, said Collier County Tourist Dev,~lopment Council has
pr~ented to the Board of County Commissioners'~ jts plan regarding
tourist development; and
WHEREAS, it is the intent of the 8oard of County
Commissioners of Collier County, Florida to enact an ordinance
levying and imposing a tourist development tax throughout Collier
County, said tax to be used for the purposes permitted by Chapter
i
12.~.;i04, Florid, tatutes, as amended, and o utilize previously
collected tourist development taxes as authorized by Chapters
92-175 a.-xl 92-]04, Laws of Florida, enacted by the legislature at
L~s regular session of 1992.
NOW, TH£R£FORE BE iT ORDAIN£D BY THE BOARD OF COUNTY
C~[HISSI~I~ERS OF COLLIE~ COUNTY, FLORlOA that:
SE~ON ONE:
~i$ ordinance is adopted pursuant to the authority and
r~a~ts o~ Chapter 12S.0104, Florida Statutes, for the
p~se of le~inq and imposing the Tourist Development Tax,
~a~ters 92-~75 and 92-204, Laws of Florida.
SE~iO~ TwO: TOURIST DEVELOPMENT
A. There is hereby levied, imposed ~nd set a tourist
develo~=~n= tax throughout the geographic area of Collier County,
Fl=rlda a= a rate of two percent (2%) of each whole and major
fraction of each dollar of the total consideration charged every
~n ~o rents, leases or lets for consideration any living
~er$ or acco~odations in any hotel, apartment hotel,
.re~r= ~=el, a~artmen=, a~artment motel, rooming house, mobile
hc~ ~k, recreational vehicle park, or condominium for a term o~
· !z ~6~ ==nibs or less, as ~rovided in Section 125.0104(3) (a),
Fi=rlda Statutes, as amended, unless such person rents, leases,
ie~ ~cr =onsideration any living quarters or acco~odations which
~e e~= according to the ~rovisions of Chapter ]12, Florida
S~tutes. ~en receipt of consideration is by way of
o~er ~n money, =he tax shall be l~vied and imposed on the ~air
~rke= value of such non-monetary consideration.
B. The tourist development tax shall be in effect until
So, ion Ten heFefn an~ shall be in addition to any other tax
f~sed ~ursuant =o Chap=er 212, Florida Statutes, and in addition
to a~ other sa×es, .ees and the oons£derat£of for the rental or
lease.
C. The tour£st development tax shall be charged by the
person rece£v£ng the cons£derat£ofl ~or the ~ease or rental, and it
shall be collected from the lessee, tenant, or customer at the
time of payment for the consideration for such lease or rental.
D. Pureuant to Chapter 212, Florida Statutes, the State of
Florida. Oepartment of Revenue shall keep recorde showing the
amount of taxes collected, which shall alee include records
d~eolos~n~ the amount o£ taxes collected for and from each country
in which the tax author£~e~ ~¥ this act ia applica~le. ~hese
houri o£ the said Department cf ~evenue subject to the provision
of Chapter 213.053, Flor£da Statutes.
£. Pursuant to Section 125.0104(10), Florida Statutes, the
Collier County Tax Collector shall be responsible for the
collection and administration of the tax. Co[lact£ons. received
the Tax Collector shall be placed in the county tourist
development trust fund, which shall be established by resolution
of the Board of County Commissioners prior to receipt of any tax
revenues collected pursuant to this ordinance.
SECTION THREE: USES OF TAX REVENUES
A. The tax revenues received pursuant to this ordinance and
the tourist tax revenues previously collected from November, 1990,
to November, [991, pursuant to Ordinance 90-43, shall be used to
fund the Collier County Tourist ~e~clopment Plan, which is hereby
adopted as follows:
The two percent (2%) tourist development tax shall be levied
throughout Collier County beginnin~ the first day of the second
month following approval of this ordinance by referendum. The
district shall include the entire geographic.area of Collier
County, ~lorida. The anticipated revenue for a two percent (2%)
tourist development tax for all of Collier County over a
· ' twenty-four (24) month period £s $7,000,000 less costs
administration.-
1. The categories of use of the two percent (2%) tax
revenues by specif£c pro~ec~ or special use are neroby l£sCed in
the order of priority and include the approximate cos= or e~q~nse
allocation for a twenty-four (24) month period for each project or
use as follows:
CATEGORY A - TO finance beach improvement, ~a£nter~nce,
renourishment, restoration end erosion control,
Approxima=e cost
or expense allocaClon
Psrcen=aqs of
revenue
~4,200,000 60%
CATEGORY 8 - To promote and advertise county tourism
within the State of Florida, nationally and
inter~ationally, which encourages tourism with an
Approximate cos: Percentage of
or expense allocation Ne= revenue
$2,800,000 40%
The percentage of net revenue within Category B
snail be further specifically allocated al follows:
a) For tourism advertising and direct
marketing - $1,750,000 25%
b) For local projects and/or activities which
promote tourism - $1,050,000 15%
It is the intent of this Ordinance that the above uses shall be
funded separately, but simultaneously in :ne above percentages
regardless of the actual cmount of net revenues collected.
2. The revenues tO be derived from the tourist development
tax may be pledged tO ~ecLre and liquidate revenue bonds in
accordance with the pro%~sions 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 ~or accom~.ishing such purposes, but ~ch authority
shall be supplemental and additional to, and not in derogation of,
any powers now existing or later conferred under law.
3. ~n the event bonds are issued by Collier County for any
o~ the purposes enumerated by the Tourist Development Plan, the
amount o£ tourist development tax receipts used to pay debt
service on such bonds may exceed the percentages provided for the
purpose £or which such bonds were issued; provided, however, the
maximum &nnual debt service on such bonds, together with any other
obligations of Collier County which were issued to £1nance
improvements for the same purpose and which are secured by the
tourist development tax, must not exceed the stated pe~c.,~n~&ql o~
tourist development tax receipts provided in the
Development Plan for such purpose, as calculated a~ o£ the date o~
sale o~ such bonds. For purposes o~ performing the c&lculations
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, i~ the
levy of such tax was imposed or increased subsequent to the
beginning o~ the period which was audited, an amount equal to
estimate by the County ~anager o~ the moneys the Count7 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 ~he County Hanager shall provide a certificate as to the
~ind£ngs requi~ed in this paragraph, which certificate shall be
conclusive as to all ma?tars provided therein.
B. The above and foregoing Tourist Development Plan may not
be substantially amendec except by ordinance enacted by an
a~irmative vote of a ~.~ority plus one additional member of the
Board o~ County Commissi.~ners.
SECTION FOUR~ BALLOT OUESTIO~
Pursuant to Chapter 125.0104, Florida Statutes, the Board
County Commissioners, by resolution, shall cause to be placed on
the ballot at the next regular or special election to be held in
C~!lier County, :ne question of the approval ur disapproval of
this ordinance, su:n question t~ be preceded by an explanatory
statement or ri=lc as set forth in such resolution, with such
question to appear on the ballot substantially as follows:
FOR TM£ TOURIST D£V£LO~M£NT TAX
AGAINST THE TOURXST DEVELOPMENT TAX
SECTION FIVE: ~S£ ~T PR£VIOUSLY COLLECTED TAX R£CEIPT~
Florida, the tourlsC tax revenues previously received by the
County pursuant =o :rdinance 90-43 shall be expended as follows:
A. If the v==ers approve the imposition of the tourist
at the referenda ~r:vided in Section Four, 60% of 'he tax revenue
previously recel-.-e~ shall be expended to finance beach
improvement, nain=emance, renouriehment, restoration and erosion
control, includin~ ~ass and inlet maintenance; and 40% shall be
expended to prc=:=e and advertise Collier County tourism within
the State of Fl:fl!a, nationally and internationally, which
encourages touri~= ~i=h an emphasis on off-season visitors to the
County.
B. If the '.':=ers disapprove the imposition of the tourist
tax at the refere..-~_a provided in Section Four, the revenue shall
be. expended for rte uses provided in Section Two of Ordinance
90-43.
~ECTION SIX1 TTiYiST DEVELOPM£NT COUNCIl,
Pursuan~ =: ~ze provisions of Chapter ~25.0104, Florida
Statutes, the Be, ~
-r. cf County Commissioners established by
Ordinance 9~-I~ an a~visory council which is known as the "~:llier
County Tourist D~ve':pzent Council,, The council is compo~e: of
nine members, %~.e :riginal membership of which have been appointed
by the Board of ~':'=n=y Commissioners by Resolution No. 9'2-238_
Ordinance 92-1~ als: sets forth the terms and composition of
membership and t~e re$~onsibllities and duties of the council.
SECTION S£V£Ni ~--=~ALTIE~ FOR FAILURE TO COLL£C~/
Any Person ~no is a dealer hereunder who fails or refuses to
charge and collect ...'om :ne Fe=scn ~aying any ntal or lease the
taxes herein provided, eithe= =y himsel~ or through his agents or
employees, is, in addition =o =eing personally liable for the
payment o~ the tax, guilty of a =isdemeanor o{ the first dogree,
punishable as provided in Section 775.082 or Section 77S.083,
Florida Statutes.
SECT/ON EIGHT= ~£NALTIES FTR.MISR£PR£S£NTATION
manner, directly or indirec=ly, that he will absorb all or any
par= of the tax, or that he will relieve the person paying the
tax wiLt.nOt be added to the rental or lease consideration, or
when'a~ed, that it or any Tar= thereof will be refunded or
refused, either directly, =r indirectly, by any method whatsoever.
Any person who willfully viola=es any provision of this subsection
shall be guilty of a misde=ean=r of the first degree, punishable
as provided in Section 775.:82 :r Section 775.083, Florida
Statutes.
SECTION NINE' L'IENS AU~.CRiI--~
The tax hereby levied s~a
~. constitute a lien on the property
of the lessee, customer or =anent in the same manner as, and shall
be collectible as are, lier~ au:~orized and imposed in Chapters
713.67, 713.68 and 713.69, Fi=ride Statutes.
~ BEPEAL BY
Upon the filing of a Fail=ion si~ned by fifteen percent
(15%) mr more of the ' :=.rs of Collier County,. ~%e Board of
County Commissioners shall ca,se an election to be held for the
repeal ,~f the tax, which election shall be subject only to any
outstanding revenue bonds for ~hich the tax has be~r pledged.
SECTITF ELEVEN: LOCAL ADM'Ni_-.'-L-qA. TICN OF THE TAX
A. It is the intent :f ~he County to provide for the
collection and adminis:ratlon o~ ~e :ax on a local.basis pursuant
to Section 1~5.0104(10) which provides for such election of local
administration of the tax. '' is further the intent of the County
4A
to' be exempted from ~ose requirements of Chap[ [25.0[04,
Florida Statutes, that the tax collected be rem£tted to the
Department of Revenue before being returned to the County.
records and accounts o~ dealerl, and assessing, collecting,
County adopts any and all powers and authority granted to the
State o~ FLor£da £n Chapter 125.0104, Florida Statutes, and
Chapter 212, Florida $~atutes, to determine the amount of the tax,
penalties and interest to be paid by each dealer and to enforce
payment of such tax, penalties, and interests by, but not limited
C. Initial co[lect£on of ~he tax shall Continue =o be made
D. The Collier County Tax Collector sh~ll be responsible for
the collection and administration of the tax. The person
receiving the consideration for such rental or lease shall
receive, account for, and remit the tax to the Collier County Tax
Collector. The Tax Collector shall keep appropriate records of
said funds. The same duties and privileges imposed by Chapter
2~2, Florida Statutes, upon dealers in tangible property,
respecting the collection and remission of tax, the making of
returns, the keeping of books, records and accounts, the paymen~
of a dealer's credi~ in compliance wi~h the rules of the
Oe~artment of Revenue in the administration of said chapter shall
apply to and be binding upon all persons who a~e subject to the
previsions of ~h~s ordinance; provided, however, the said Collier
County Tax Collector may authorize a quarterly ~mturn and payment
when the tax remitted by the person receiving the consideration
for such renta~ or lease for the preceding quarter did no~ exceed
$100.00.
Remittances of the tax and filing of =he appropriate return
may be done semiannually or seasonally as follows:
1. Facilitie~ rented or leased which generate a total of
$300.00 or less of Tourist Oevelopment Tax revenue
during a six-month period may remit ~he tax
, . sem[annu .y. The remittance and r urn filing date
shat1 be between Apr£1'lst - April 20th for the
six-month rental or lease period ending the preceding
Hatch )lst and the remittance and return filing date
s£x-month rental or lease per£od ending September 00th
of each year.
2. The Tourist Development Tax may be remitted
remittance and return filing date shall be between April
1st - April 20th for the preceding rental or le&le
period ending March 31st and the remittance a~
filing da~e shall be between October 1st - October
for the preceding rental period ending September 30th
each year.
E. The Collier County Tax Collector may promulgate rules,
prescribe and publish the forms necessary to effectuate this
ordinance.
F. The Collier County Tax Collector is hereby designated as
the local official for the County who shall perform the
~nforcement and audit functions referenced in Section Ten. B.
herein which are associated with the collection and remission
this tax, including, without limitation, the following:
1. For the purpose of enforcing the collection of the tax
levied by this ordinance, the Tax Co!le~tor is hereby specifically
authorized and empowered to examine at all reasonable hours
books, records, and other documents of a~l dealers, or other
persons charged ~ith the duty to report or pay a tax un,er this
ordinance, in order to determine whether they are collecting the
tax or otherwise complying ~ith this ordinance. Zn the event said
dealer refuses to permit such examination of its books, records or
other documents by the Tax Collector as aforesaid, it ia guilty
a misdemeanor o~ ~he secon~ degree, ~unishaOle as provided in
Chapter 775.08), Florida Statutes. The Tax Collector shall have
the right to proceed in Circuit Court to seek a mandatory
injunction or o~ner appropriate remedy to enforce its right
against ~e of der, as granted ~y %h~s ~%ion, %o require an
examination of :he books and records of such dealer.
2. £ach dealer, as defined ~y statute, shall secure,
maintain, and keep for a period of three years a complete record
of rooms or other lodging, leased or rented by said dealer,
records and papers as may be required by the Tax Collector for the
reasonable administration of this ordinance; and all such records
which are located or maintained in this state shall be open for
inspection by the Tax Collector a= a~l reasonab~e hours at:such
maintains such becks and records a~ a point outside this county
must make such books and records available for inspection by the
Tax Collector in Collier County, Florida. Any dealer subject to
these provisions of this'ordinance, who violates these provi~ions
is guilty of a misdemeanor of the second degree, punishable as
provided in Chapter 775.082 or Chad=er 775.083, Florida Statutes.
3. (a) The Tax Collector shall send written notification,
at leas= 30 days prior to the da:e an auditor is scheduled to
begin an audit, informing the taxpayer of the audit. The Tax
Collector is no~ required to give 30 days prior notification of a
forthcoming audit in any instance in which =he taxpayer requests
an emergency audit.
(b) Such written notification shall contain:
(i) The approxina=e ~a=e on which the auditor is
scheduled to begin the audit.
(ii) A reminder the: all of the records, receipts,
invoices, and related document~ti:n of the taxpayer must be made
available to the auditor.
(iii) Any other ~eques=s or suggestions the Tax
Collector may deem necessary.
4. In addition to criminal ~anc:ion~, the Tax Celiac=or is
empowered and it shall be his duZy, when any tax becomes
delinquent or is otherwise in jeopardy under this ordina~ce,
issue a warrant for the full amcun= of the tax due or estimated to
be due, wi~h =he ~n=erest, pena~:ie$, and cost of collection..
directed ~D a~l a~d singular t~= s =
..- -..fL. of the state, and
real or personal PrOperty og the =axpaysr in the same mannsr as a
enforce =he collection of =aXes imposed by this ordinance and
warrant to be collected. The Tax Collector may also have a writ
of garnishment issued regarding any gOOdl, money,
effects of the delinquent dealer Which ara in the hands,
PoeeeeeAon, or =on=ro~ of a thl=d person based On an indebtedness
owed ~ ':
~he delinquent dealer by the =hird person, to enforce
collec=ion of the taxes in the manner ProVided by law. Upon
paymenu og the execution, warrant, judgmen=, or garnishment, the
Tax Collector shall satisfy the lien of record within ~0 days.
G. The amount o~ administrative costs retained by the Tax
Collector shall be negotiated annually, but shall not exceed three
(]%) ~ercent of =he tax collected herein. The remainder of the
ta~ collected shall be subml==ed to the County on a monthly basis.
~CTIO~ TWELVJ~: CO~FtICT AHO
In the event =his ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
ordinance is held invalid or unconstitutional by any court of
cozpetsn= jurisdiction, such P~rtion shall be deemed a separate,
distinct, and independent provision and luch holding shall not
affect the validity of the rem~,.ining ~O~lon.
SECTION THIRTE£~1 ~.&T~ OF ORDINANC~
This Ordinance shall be fi'~ed With the Office of the
Secretary of State in Tallahassee, Florida wi=bin 10 days of the
date of enactment pursu&mt to Section 125.66(2}(a), Florida
Statutes. Section Four of this Ordinance entitled
Question,, and Section Five entitled "Use of the previously
~Ollected Tax Receipts,, shall be effective immediately Upon
receipt by the County of ~Otice from the Secretary of State that
this Crdinance has teen filed with the Secretary of Sta~e.
~ther provisions of this Ordinance shall take effect upon approval
by referendum election, held for the purpose of approv£ng or
rejecting this Ordinance, by a majority of the electors voting in
such referendum e~ection as provided in Chapter ~25.0L04, FLorida
Statutes.
S£CTION FOURT£ENI ~OPY TO D£PARTMENT OF R£V£NU~
Clerk to the Board to the Department of Revenue, State of Florida,
within ten (LO} days after the enactmen~ o£ the Ordinance by the
Bo&~d of County Commissioners. Upon approval by referendum, a
second certified copy of this Ordinance shall be furnished by thm
Clerk to the Board to the Department of Revenue, State of Florida
notifying the Department of the approval of the tax by referendum
and that the tax sha~l be levied until repealed by the Board or
repealed by referendum pursuant to Section Ten herein.
SECTION FIFTEEN: EFF£CTIV~ DATE OF LEVY AND IMPOSITION OF TA~
The effective date of the levy and imposition of the tax
shall be the first day of the second month following approval of
this Ordinance by the referendum election as set forth in Sections
Four and Thirteen.
· . .ATTEem~... - ..
:" JA~ '~ ¢ ' ~ '
~, . I~. ,~ .... ~'~ ~
' ";1-~..%: "'.'.'... ~' '.~k e~
".Appr~ved,~'to form
enda C. ~son '
Ass~s~an~ Co~n~ A~o~'ne~
PASSED AND DULY ADOPTED by the 8card of County Commissioners
..'of Col.li.r County, Florida, Chis _.~%~day of ~___~~, 1,92.
BOARD OF COUNTY COM~ISSION£RS
By.MICHAEL J~LP~,'Chairman.
This o.~:jlr~.ce filed with the
c~to,y of State's Office tho
of, /99A
O~ ock~ e~em~nl of that
/
8Y-~
ORDINANCE NO. 95- 56
I A/q ORDINANCE AMENDING ORDINA/~CE NO. 92-6~n
RELATING TO THE LEVY OF A 2% TOURIS~
DEVELOPMENT TAX THROUGHOUT COLLIER COUNTI~
PURSUANT TO THE LOCAL OPTION TOURIST~J
DEVELOPMENT ACT, SECTION 125.0104,4 FLORIDA~ '
STATUTES, PROVIDING FOR AN ADDITIONA~ 1% LEVY~
OF A TOURIST DEVELOPMENT TAX THROUGHOUT~]
COLLIER COUNTY BEGINNING JAI~UARY 1, 1996 AND~
TERMINATING DECEMBER 31, 1999; PROVIDING FOR~
A/~ENDMENT TO SECTION THREE CONCERNING T]~E USE
OF TAX REVENUES AND THE TOURIST DEVELOPMENT
PLA/~ TO SET FORTH THE USES OF THE ADDITIONAL
1% LEVY; PROVIDIN~ FOR THE REPEAL OF
ORDINANCE NO. 95-46; PROVIDING FOR CONFLICT
A/~D 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;
r-'-
WHEREAS, the Board of County Commissioners enacted
Ordinance No. 92-60, Which levied 'and imposed a ~0~ri~ and
development tax throughout Collier County. for the purposes
permitted in Section 125.0104, Florida Statutes, as amended,
and to utilize previously collected tourist development taxes
as authorized by Chapters 92-175 and 92-204, Laws of Florida,
enacted by the Legislature at its regular session of 1992;
WHEREAS, the Board of County Commissioners of Collier
County, by an extraordinary vote, desires to to levy an
additional 1% tourist development tax to fund beach
'-en~urishment; and
WHEREAS; the proposed amendments were presented to the
~llier County Tourist Development Council.
NOW, THEREFORE, 'BE IT ORDAINED BY THE BO~I~) OF COUNTY
CC'-~{ISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Two of Collier County
Ordinance No. 92-60.
Section Two is hereby amended to read as follows:
SECTION TWO: TOURIST DEVELOPMENT TAX
- 1 -
Words ~ are added; words utr~H~h are deleted.
A. There is hereby levied, imposed and set a tourist
development tax throughout the geographic area of Collier
county, Florida at a rate of two percent (2%) of each whole and
major fraction of each dollar of the total consideration
charged every person who rents, leases or lets for
consideration any living quarters or accommodations in any
hotel, apartment hotel, motel, resort motel, apartment,
Apartment motel, rooming house, mobile home park, recreational
vehicle park, or condominium for a term of six (6) months or
less, as provided in Section 125.0104(3)(a), Florida Statutes,
as amended, unless such person rents, leases, or lets for
consideration any living quarters or accommodations which are
exempt according to the provisions of Chapter 212, Florida
Statutes. When receipt of consideration is by way of property
other than money, the tax shall be levied and imposed on the
fair market value of such non-monetary consideration.
s. The tourist development tax shall be in effect until
repealed by the Board or repealed by referendum pursuant to
Section Ten herein and shall be in addition to any other tax
imposed pursuant to Chapter 212, Florida Statutes, and in
addition to all other taxes, fees and the considerations for
the rental or lease.
c. The tourist development tax shall be charged by the
person receiving the consideration for the lease or rental, and
it shall be collected from the lessee, tenant, or customer at
the time of payment for the consideration for such lease or
rental.
D. Pursuant to Chapter 212, Florid~ ~¢atutes, the State
of Florida, Department of Revenue shall k.~p records showing
the amount of taxes collected, which shall al~o include records
disclosing the amount of taxes collected for and from each
county in which the tax authorized by this act is applicable.
Words ~ are added; words ~truck tkrou~h are deleted.
-These records shall ~e open for inspection during the recjular
office hours of the said Department of Revenue subject to the
provision of Section 213.053 Florida Statutes
'
E. Pursuant to Section 125.0104(10), Florida Statutes,
the Collier County Tax Collector shall be responsible for the
collection and administration of the tax. Col~ections received
by the Tax Collector shall be placed in the county tourist
development trust fund, which shall be established by
resolution of the Board of County Commissioners prior to
receipt of' any tax revenues collected pursuant to this
ordinance.
F. Pursuant to Section 125.0104 (3) (d). Florida Statutes,
the Boa d of Count Co missi ners b an extraordinar vote
hereby levies, sets and imposes an additional 1% tourist
~..evelopment tax to be collected in the same manner as the 2%
tax collected pursuant to this Ordinance.
SECTION TWO: Amendment to Section Three of Collier County
Ordinance No. 92-60.
Section Three i's hereby amended to read as follows:
SECTION THREE: USE OF TAX REVENUES.
A. The tax revenues received pursuant to this Ordinance
and the tourist tax revenues previously collected from November
1990 to November 1991 pursuant to Ordinance No. 90-43 shall be
u~ed to fund the Collier County Tourist Development Plan, which
is ~ereby adopted as follows:
TOURIST D YE ~PMENT PLAN
'~'uuRIsT D YE~'
The two percent (2%) tourist development tax shall be
levied throughout Collier County beginning the first day of the
second month following app.-o~a~ of this Ordinance by
referendum. The tax district shall include the entire
geographic area of Collier Count.,, Florida. The anticipated
revenue for a two percent (2%) tourist development tax for all
- 3 -
Words ~ are added; words struck th~e~gh are deleted.
of Collier county over a twentyrfour (24) month period is Seven
Million Dollars ($7,000,000.00), less costs of administration.
iThe additional one percent {1%) tourist development ta×
shall be levied throuqhout Collier county beqinninq the Firs!
day of January. 1996 a~d terminatiDq on December 3~, 1999. Th.'.
tax distr~ct shall include the entire qe~raphic area . o~
Collier county, Florida.
1. The categories of use of the two percent (2%)' tax
revenues by specific project or special use are hereby listed
in the order of priority and include the approximate cost or
expense allocation for a twenty-four (24) month period for each
project or use as follows:
CATEGORY A -
To finance beach improvement, main-
tenance, renourishment, restoration and
erosion control, including pass and
inlet maintenance.
Approximate cost
or expense allocation
Percentage of
Net revenue
CATEGORY B -
$4,200,000 60%
To promote and advertise county tourism
within the State of Florida, nationally
and internationally, which encourages
tourism with an emphasis on off-season
visitors to Collier County.
Approximate cost
or expense allocation
Percentage of
Net revenue
$2,800,000 40%
The percentage of net revenue within Category B shall
be further specifically allocated as follows:
a) For tourism advertising and direct marketing -
$1,750,000 25%
b) For local projects and/or activities which
promote tourism -
$1,050,000 15%
It is the intent of this Or~,,ance that the above uses shall be
funded separately, but simul%aneously in the above percentages
regardless of the actual amount of net revenues collected.
- 4 -
Words underlined are added; words ~~gh are deleted.
~pon expiration of the additional 1% tour[st development
tax as described in this plan, the Tourist Development Council
av request the Board of County Commissioners to review the
fundinq allocations at five year intervals.
2. The additional one Percent _(1%) tax revenues collecte,1
pursuant to Sectio~ Two (F) shall be used~to finance beacl%
immrovemeDt~ maintenance, renourisbment, restoration an~l
erosion control.
· -~ ~. The revenues to be derived from the tourist
developmen~ 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 Df 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.
~ A. In the event bonds are issued by Collier County for
any of the purposes enumerated by the Tourist Development Plan,
t~e amount of tourist development tax receipts used to pay debt
serwice 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 fina ~ce improvements for the same purpose and
which are secured o~ the touris~- 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.
Words ~nderlined are added; words ctruck ~h~-e~h are deleted.
For purposes of-performing the calculations describud in this
paragraph, the amount of tourist development tax receiDts shall
b~ 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, a~ 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 therein.
B. 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 additionaI member of
the Board of County Commissioners.
SECTION THREE: REPEAL OF ORDINARCE NO.' 95-46.
Collier County Ordinance No. 95-46 is hereby repealed in
its entirety.
SECTION FOUR: CONFLICT A/~D SEVERABILITY.
In the event this ordinance conflicts with any other
o~dinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
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 holdinc
shall not affe:t the validity of the remaining portion.
SECTIO~ }'IVE: INCLUSION IN THE CODE OF LAWS AND ORDINANC£~
The provl:~ions of this Ordinance shall become and be made ~
part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the Ordinances may be renumbered or
Words underlined are added; words ~~ are deleted.
'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 SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the ·
Department of State and a certified copy shall be filed with the
Department of Revenue within 10 days after the adoption of this
Ordinance.
PASSED'AND DULY ADOPTED by a vote of no less than a majority
plus one of the Board of County Commissioners of Collier county,
Florida, this _24th_ day of October.
1995.
· ATTEST:
/ DWIGHT E'~' 'B.R. OCK, CLERK
'" A" P~roved as"t0:~orm and
legal suffidiency:
uavl~ c. Weigel
County Attorney
BOARD OF C~OUNTY COMMISSIQNERS
OF COLLIER% COUNTY, ~LORI~A
IIFA~km'g844
This ordlnonce f led with
Secreta ' the
_~/~.~, ry of State'. Office the
~----22doyof~.~...,('~,, / ~ ~
fro__ ."'"agement of t~nt
'"'~ r~c~lved th;~ ~7~ _-'
- 7 -
Words .undeFline~ are added; words =truek~gh 'are deleted.
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 copy of:
ORDINANCE NO. 95-56.
Which was adopted by the Board of County Commissioners on the 24th day
of October, 1995, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 25th day of October,
1995. ·
DWIGHT E. BROCK
Clerk of Courts and/Clerk
Ex-officio to Board 0'£.'
County CommissiOnerz..
Y: ureen Kenyon .'
Deputy C1 '~rk'..
OI~DINANCE NO. 2 0 01- 3 !
AN oRDiNANCE AMENDING SECTION 126- 83 OF
COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
ALSO CITED AS ORDINANCE NO. 92-60, A~ A~ENDED,
RELATING TO THE L~--v~f OF A 2% TOURIST
DEVELOPMENT TAX AND AN ADDITIONAL l~m TAX
THROUGHOUT COLLIER COUNTY PURSUANT TO THE
LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION
125. 0104, FLORIDA STATUTES, AS AMENDED,
PROVIDING FOR AMENDMENT CONCERNING THE USE OF
TAX REVENUES TO EXPAND THE USE 'OF THE 1~ TAX
ENCOMPASSING., BUT' NOT LIMITING IT TO THE SAME
USES AS THE 2~ TAX; C~ANGING T~E ALLOCATIONS
OF THE 2~ TAX. PROVIDING FOR CONFLICT AND
SEVERA~ILITY; PROVIDINQ FOR INCLUSION IN 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;
WHEREAS, the Board of County Commissioners enacted Ordinance '
No. 92-60, which levied and imposed a tourist and development tax
throughout Collier County for the purposes permitted in Section
125.0104, Florida Statutes, as amended, and to utilize previously
collected tourist development taxes as authorized by Chapters
92-175 and 92-204, Laws of Florida, enacted by the Legislature at
its regular session of 1992; and
WHEREAS, the Board of County Commissioners of Collier
County, by an extraordinary vote, desires to a/nend the uses of
tax revenue and the tourist development plan to provide for
coextensive use of Category A of the two percent (2%) ta~n~the
one percent (1%) tax and to change the allocations of th~%~ax;
and
WHEREAS, the proposed araendment s were ~r .sent~t
.~p~rov .... ' ' ~ o~ a~
~ =u Dy the Collier County Tourist Dev--
~opmen~
NCW, THEREFORE, BE IT ORDAINED
COM~ISSIONERS OF COLLIER COUNTy,
her,eby amended to read as follows:
BY THE BOARD OF COUNTY
FLORIDA that Section 126-83 is
SECTION ONE: AMENDMENTS.
Se~. 126-83. Uses of tax revenues.
Words d-ql~Jjzl.~ are added; words s~,aek-~,h arc deleled.
(a). The tax revenues received pursuant to this division e~
................. Durzuant ................... article,
shall be used to fund the county tourist development plan, which
is hereby a~ended ~ as follows:
Tourist Development Plan
The two percent tourist development tax =hall ~e wa___~s levied
throughout Collier County beginning the first day of the second
month following approval of this Ordinance by referendum. The
tax district shal~ include~ 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 Seven Million Dollars ($7,000,000.00), less
costs of administration.
The additional one percent tourist development tax ~
was levied throughout Collier County beginning the first day of
January, 1996 ~-~ A--' ·
.... t ..... Inatln~ c, ~. ~-~ A e majority
of the electors of Collier County voting in a straw referendum
election approve~ the continuation of the additignal one percent
tourist development tax prior to June 30, 2000, thcn therefore
the additional one percent touris~ development tax shall continue
until terminated by an amendment to this ordinance. The ~ax
district shall include the entire geographic area of Collier
County, Florida.
(1) The categories of use of the two percent and one DerceD~
tax revenues by specific project or special use are hereby
listed in the order of priority;
CA TEGOR t' A -
To finance beach.park facil, ties 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 physica~ preservation
of the beach, shoreline or inland lake or river.
Percentage of
Net revenue
q~% i Q_~ of the 2% tax and
100% of the 1% ta~, -
2-
Wordsunderlin~areaddcd;words~,eek_~t~aredele~ed.
CA TEGOR Y B -
CATEGORY C -
reduced by the amount
required for C~tegory D.
To promote and advertise county tourism within the
State of Florida, nationally and internationally,
which encourages tourism with an emphasis on
off-season visitors to Collier County. The
guidelines for Category B funding are attached as
Exhibit "A" and incorporated herein. However, 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
30% ~9% 23.23~% of the 2%
tax~cducc~ by ~
'" ~--~ ~cun~
To acquire, construct, extend, enlarge, remodel,
repair, improve, maintain, operate or promote one
or more County owned museums or museums that are
owned and operated by not for profit organizations
and open to the public.
Percentage of
Net revenue
C~unty C~.~!s~ icncrs cnch
.... yoar, r.,, ~
........ pcrccnt~
9f the 2% ta~. This amount
may be ~ended upwardly or
downwardly' prospeCtively
from the date of the budget
amen~ent approval, provided
that the amount of the
aggregate allocation per
fiscal year budget ~en~ent
does not exceed ~
26.764% of the 2% tax.
Sub-categories:
~ounty Q~ed and 0Perater~
~useums o~ed and oDerate~-~
bv non-Droflt
organizations o~e~ tQ
~ublic; 7,764~
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
Amount budgeted for this
Category by the Board of
County Commissioners each
3-
Words~nderlin~a~added;wo~ssteut. lethn~a~dele~d.
fiscal year, but not to
exceed $200,000. 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.
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.
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 collected
pursuant to Section 126-82(f) shall be used to finance ~
facilitiesL beach improvement, maintenance, renourishment,
restoration and erosion control includinq pass and inlet
maintenance shoreline rotection enhancement c e nu or
restorazion of inland lakes and rivers t which.there is ublic
access as these uses relate to the physical preservation 6f th~
beach, shoreline or inland lake or river.
(3) 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 s~bject to such other
terms, conditions and covenants as the gox'~rning 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.
(4) 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
Words ~ are added; words :::-'-';k
..... '--',,,, are deleted.
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
therein. ~
(b) 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 ~EVERABILITY.
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 this
ordinance is held invalid or uncoKstitutional by any court of
competent jurisdiction, such portion ~hall 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
5-
Wordsunderlinedareadded;words~aredeleted'
accomplish such, and the word ,,ordinance,, may be changed to
"section,,, "article", or any other appropriate word.
SECTION FOUR: EFFECTI~ DATE.
This Ordinance shall ~become effective upon filing with the
Secretary of State and a certified copy of this Ordinance shall be
filed with the Florida Department of Revenue within 10 days after
the adoption of this Ordinance.
PASSED MD DULY ~OPTED by a vote of a majority plus one of
the Board of County Co~issioners of Collier County, Florida, this
. day of
q , 2OOl.
... ~ES~:.. '~. ~.,.
~..,'~i~iGH~'~]~k%~ BO~DOFCO~TYCO~ISSIONERS
~.:~,...:-...¢' ~'~...~%, CLERK OF COLLIER COUNTY, LORIDA
"Ap~rQ~e~,¢"~s. to form and l~gal.~..
.sufficiency:
I~ q~?line Hubbard Robinson
~siftant County Attorney
H/~ucki '~Ordina~¢e/Amcnd. Ord, 92-60-~s~r
05/16/01
1'~i~ c)~d~ncx~c, flied with ~e
of Slate's Office
and ac~d~ment of ~at
fili~ r~elv~ this P ~ ~y
Words underlitl~, are added; words ~ are deleted.
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 copy of:
ORDINANCE NO. 2001-31
Which was adopted by the Board of County Commissioners on
the 12th day of June, during Regular Session.
WITNESS my hand and the official
County Commissioners of Collier County,
of June, 2001.
seal of the Board ~. ~ ~'
Florida, this lSt~ay~ ~
----4
~"~'~' ~. BROCw '~;.'~ i~r~,;~t~,.'.?~.".~...'~,~.~''
~ ~ ,_ - -- .~,.~.?,?~~.~.~ ,~' ,,, ,.
~e ~-:d~.a, '..,:?.!.~%.i~ ~?~..~ ~ ~.~.~,:,
r~ oz Courts a~'~',~,- ..... '~'".::~.'
_ . .~:.~-~ .~-... .... ~.., %~,, .~:
EX offlclO tm ~--~'~:~.~-'~'",.,~' "'~;%t~,c~,'~:.
Deputy Clerk '., '"' ~:'",~,,,~,'~"?"
EXECUTIVE SUMMARY
ADOPT A POLICY ESTABLISHING A RATIONAL FUNDING NEXUS
BETWEEN PUBLIC BEACH USE AND RENOURISHMENT FOR TOURIST
DEVELOPMENT FUNDS.
OBJECTIVE: To protect the viability of the beaches while providing the community
with public access.
CONSIDERATION: State Statute allows for the use of tourist development funds to
suppo~ the renourishment and maintenance of beaches and the acquisition of beach
access. Historically, Collier County has utilized this fund to renourish beaches throughout
the County with limited funding dedicated towards acquisition. Recently, however, this
fund has become more competitive as funding requests have begun to exceed the
available funding resource.
Presently, the Coastal Advisory Committee prioritizes recommendations regarding
renourishment projects, the Parks and Recreation Advisory Board prioritizes
recommendations on Park projects, and the Tourist Development Council prioritizes the
two sets of recommendations and makes a final recommendation to the Board based upon
the level of available funding. However, there is no policy guiding the priorities between
the various interests.
The attached policy addresses this issue. Recognizing that renourishment and
maintenance of the beach is predicated on the notion that the public should be able to
enjoy it, this policy dictates that the amount of available funding for renourishment is
directly correlated to the amount of public access to that stretch of beach. In instances
where there is limited access, the policy recommends that funding should be dedicated
toward the acquisition of additional access consistent with the County Beach Access and
Boat Launch Master Plan.
Specifically, the proposed policy provides percentages of funding based upon access.
Use is defined as access - the ability to park at the location and the amount of available
amenities on site. For instance, an area of beach where there is only a beach walkover,
but no parking or restroom may only constitute a 25% contribution, with the area
property owners paying for the remaining 75% of the renourishmcnt. Conversely, a hotel
or public beach access such az Vanderbilt Beach would receive 100% funding.
This plan is consistent with State and Federal guide]iD~s in that it encourages access
within every ½ mile ofbeach. This plan is also consis,e~lt with the Tourist Development
Council's recent recommendation to identify altemati ,: funding sources to leverage
against TDC revenues. The County is not presently parti :ipating in the Federal funding
program and is limited at the State level because ofthe lack of public beach access. Ifthis
policy is passed, however, and additional access is purchased in key locations as outlined
No,_/O _
MAY 2 ?
pg, /
in the Master Plan, the County will b~eome more eligible for these grants and will'
therefore be able to fund additional renourishment projects in the long mn.
Beach access is a finite resource and thc opportunities will diminish the longer the
County waits to acquire needed property. At the same time, there is no dedicated funding
source for this acquisition, lfthe need is not addressed in the near future, the County will
be significantly hampered in leveraging Federal grants.
FISCAL IMPACT: Funds are available in the Tourist Development fund, Category
"A" funding and will not change as a result of this policy.
GROWTH MANAGEMENT: This is consistent with the Growth Management
Plan Conservation and Coastal Management Element, Section 10.2 which states "The
County s hall continue t o ensure t hat access t o beaches, shores, a nd waterways remain
available to the public and continue with its program to expand the availability of such
access and a method to fund its acquisition." And "Evaluate appropriate public access
intervals for renourished beaches considering the demand for recreation and the ability of
the natural system to support the demand. If existing access is not sufficient, then the
County shall acquire additional access points as a part of the renourishrnent project."
RECOMMENDATION:
policy.
That the Board of County Commissioners approve this
PREPARED BY:
John Du~uck, Administrator
(] ~tvision of Public Services
DATE: ~C-'[zl }o?
APPROVED BY: DATE
Ron Hovell, Coastal Projects Manager
Division &Public Utilities
APPROVED BY:
James Delony, Administrator
Division of Public Utilitie:
DATE
Agenda I~t. · m
No.
NIAY 2 7 2003
COLLIER COUNTY TOURIST DEVELOPMENT TAX
FUNDING POLICY FOR CATEGORY 'A' PROJECTS
Authority,: Florida Statute FL Statute 125.0104(5)(a)4: "To finance beach park facilities
or beach improvement, maintenance, renourishrnent, restoration, and erosion control,
including shoreline protection, enhancement, cleanup, or restoration of inland lakes and
rivers to which there is public access as those uses relate to the physical preservation of
the beach, shoreline, or inland lake or river."
Purpose: Beaches and passes are primary resources for attraction of tourists. Therefore,
the care and maintenance of these resources is a primary goal of tourist tax expenditure.
Elieible Activities: - Beach access acquisition
Beach park facilities improvement
- Maintenance of public bridges and public walkovers
- Beach restoration and renourishment, including design, permitting, etc.
- Beach erosion control structure construction
Beach cleaning, raking and grooming
Beach access acquisition and improvement
- Beach park improvements
- Pass management, dredging and maintenance (sand placed on the beach)
Design and engineering for beach renourishment and pass dredging projects
including all permitting functions incidental to those projects
Cost of follow-up management and monitoring studies
Priorities and Fundin~ Philosophy: Public use is paramount. Acquiring, developing,
and improving beach access and parks is the highest priority. Beach maintenance is the
second priority and though storm and erosion protection for properties adjacent to
beaches are important, they are not the focus of tourist tax funds. The various
calculations and percentages that follow are to determine the tourist tax funding amount
only and are not meant to impose any particular cost-sharing formula on property owners.
I. BEACH ACCESS ACQUISTION
The priority of beach access acquisition and access improvement will be determined by
the policies, goals, and objectives established in the Beach Access and Boat Launch
Master Plan as adopted by the Board of County Commissioners, effective per Resolution.
II. EXISTING BEACH ACCESS / i,EACH PARK FACILITIES
Public access is the focal point of the state and federal cost-sharing programs. The
Collier County Growth Management Plan, Section 10.2 states "If existing access is not
sufficient, then thc County shall acquire additional access points as a part ofthc/~ Agenda ~em
· No. /~ _
?lAY 2 7 2003
renourishmcnt project." In order to leverage non-local funding, it is critical that public
access development take precedent over all other eligible categories.
BEACHES
The beaches adjacent to the following categories of upland properties (including adjacent
properties within distances addressed below) are considered the primary goal of tourist
tax funding:
- Public beach parks and lands
- Hotels
The more use (setting up with chairs or blankets, etc.) a particular stretch of beach
receives, the more likely people will walk to find an open area. While walking along the
shoreline is common, this is not the primary definition of beach use. Beach use is driven
by the availability of access whether by parking, access points near residences, hotel
guests, or beach residences. Accordingly, the following shoreline distances will be
considered the highest priority for funding (reference to public land does not include
state-owned land seaward of the Erosion Control Line but rather to property adjacent to
the beach):
For public beach access points with at least 100 public parking spaces as well as
restroom facilities, one half mile along the shoreline in each direction from the
property lines of the beach access point, including the length ofpublic land along
the shoreline.
For public beach access points with less than 100 public parking spaces or
without restroom facilities, 1,000 feet in each direction from the property lines of
the beach access point, including the length of public land along the shoreline.
For public lands without adjacent parking, the length ofpublic land along the
shoreline.
For hotels, the length of the hotel property along the shoreline.
Beaches are typically maintained in zegments rather than property-by-property (a
segment is defined as one continuous length of beach planned for maintenance, not inlet
to inlet). Beach projects will be funded using the percentages below to calculate the
tourist tax share of the project costs. The remaining project costs are to be cost-shared as
determined by the beach segment ~'dj'.cent property owners and the Board of County
Commissioners.
Agenda ~_.~m
No. La
MAY 2003
pg.'q ~ ~.j
Tourist taxes will fund all project costs for public and hotel properties.
1. Properties within the distances above (1/2 mile or 1,000 feet):
Up to* 100% of the project costs
2. Properties in a beach segment with the highest priority properties and in between two
of the highest priority public properties but outside the distances above:
- For multi-family residences, up to* 90% of the related project costs
- For single-family residences, up to* 75% ofthe related project costs
- For other properties, up to* 50% of the related project costs
3. Properties in a beach segment with the highest priority public properties but outside
the distances above:
For multi-family residences, up to* 75"/0 of the related project costs
For single-family residences, up to* 60% &the related project costs
For other properties, up to* 50% &the related project costs
4.. Properties in a beach segment without any of the highest priority public properties:
For multi-family residences, up to* 30% of the related project costs
For single-family residences, up to* 25% &the related project costs
For other properties, up to* 20% of the related project costs
* based on funding availability, percentages may be lowered proportionally (any state or
federal funding participation will be treated as reimbursement to the Tourist Tax funds)
PASS MANAGEMENT~ DREDGING AND MAINTENANCE
Dredging will only be considered for placing sand on a beach. The percentage of Tourist
Tax funds will follow the same funding calculations as beaches based on where the sand
will be placed. Dredging will be accomplished efficiently and Tourist Tax funds wilt not
be used strictly for navigation dredging.
Sand by-passing, as recormaended in the inlet management plan, will be funded with
Tourist Tax funds. If"o ~t of cycle' dredging becomes necessary to support navigation,
either: 1) requirements fox z=nd by-passing, typically an available quantity to be dredged,
will be reviewed for potent::dly shortening the cycle; or 2) Tourist Tax funds may be
used based on the unit priee~ of the last previous dredging event and any excess costs will
be absorbed by other funding.
Agenda It:em
ao.~O D
HAY 2 7 2003
[PROPOSED] BEACH FUNDING POLICY
AS RECOMMENDED BY CAC
SEPTEMBER 11, 2003
Reference is made to the Report on Funding Policy for Beaches of Collier County prepared by
the Collier County Coastal Advisory Committee on.August 12, 2003 and the TDC Sub-
committee on August 21, 2003.
1. _Use of funds. The use of Category 'A' Tourist Development Tax Funds for beach
renourishment, to the extent described below, shall precede the acquisition of additional
beach access, based on the voters' intent in establishing the category 'A' funding and the need
for beach access being dependent on an acceptable standard of shoreline beach.
2. Source of funds. Federal or State funds are desirable and should be diligently pursued but
are a supplement to, not a basis for, category 'A' funding, due to the unpredictable
availability, amount and timing of such funding.
3. ElieibilitF. Eligible beach areas qualify for category 'A' funding. An "eligible beach area"
has:
a. At least one public access point from a public street; and
b. Is no more than one-half mile from a beach park facility, public access point, hotel,
motel or is a vital area subject to abnormal erosion as recognized by the Coastal Advisory
Committee, provided that if at least 80% of a beach area is classified as eligible, otherwise
ineligible gaps will be deemed eligible.
4..Level of use. Eligible beach areas are classified according to use.
a. "High use" is an eligible beach area within one-half mile of a hotel, motel,
designated public parking or public shuttle drop-off point.
b. "Low use" is an eligible beach area outside the limits for high use, provided that if at
least 80% of a beach area is classified as high use, low use gaps will be deemed high use.
5. Level of service. Eligible beach areas qualify for category 'A' funding based
on use.
a. An eligible low use beach area qualifies for "minimum maintenance," meaning
renourishment sufficient to provide minimum shoreline protection fera projected period of
five years, in,'luding maintenance, monitoring and testing on a periodic .~asis as needed.
b. A.q eligible high use beach area qualifies for full renourishmoat, meaning additional
renourishme~J( intended to enhance beach width for recreational or other- public purpose.
c. Additional Category 'A' funding may be provided for eligible low use beach areas
for renourishment in addition to minimum maintenance, provided that at least 60% of the
incremental cost is funded by private or other non-County sources.
6. ,4dditiottal uses. The use of category 'A' funding for the acquisition and development of
additional beach access with category 'A' funding is encouraged' provided category
remain after implementation of this policy.
Exhi it
7. Grant Application Review. The Coastal Advisory Committee, in interpreting Ordinance
2001-03, will prepare and maintain a proposed annual spending plan for the use of Tourist
Development Tax Category "A" funds, with a ten year projection. The proposed plan will be
submitted to the BCC for their consideration and approval, via the TDC. This submission will
coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will
review all requests for Tourist Development Tax Category "A" funds and make
recommendations for approval, denial or modification to the BCC, via the TDC, consistent
with the BCC established policy for use of these funds.
NO.
xhL~.-t~,C 0 2 2003
,~. /¢'
EXECUTIVE SUMMARY
APPROVE A TOURIST DEVELOPMENT TAX CATEGORY "A" FUNDING POLICY
FOR BEACH RENOURISHMENT AND BEACH PARK FACILITIES
OBJECTIVE: To preserve, protect and enhance the coastal beaches and associated beach park
facilities throughout Collier County.
CONSIDERATIONS: At the October 14, 2003 County Commission meeting, the Board
directed staff to propose a policy that governs the expenditure of Tourist Development Tax
revenues for Category "A" beach renourishment and beach park facilities projects. The goal of
this proposed policy, attached as Exhibit A., is to maintain and enhance the shoreline beaches
and provide visitors and residents convenient public beach access and quality beach amenities.
In order to achieve this goal, the proposed policy dedicates portions of Category "A" TDC funds
to the specific program areas outlined below:
a. Reserves for Maior Beach Renourishment Proiects
Beginning in fiscal year 2006, (after the completion of the major renourishment
project currently in planning and permitting) one million dollars each fiscal year shall
be appropriated to a reserve for the next major beach renourishment project.
b. Monitoring and Permit Compliance
Beginning in fiscal year 2005, the costs of annual monitoring and other permit
compliance requirements associated with approved beach renourishment and
shoreline protection projects shall be cost-shared (if applicable) with TDC Category
"A" funds comprising the same percentage appropriation as in the original project.
c. Beach Renourishment Catastrophe Reserves
Reserves for emergency beach renourishment in the event of a catastrophe shall be
appropriated annually and accumulated in an ~mount not to exceed 10 million dollars.
Two million dollars will be appropriated in fiscal year 2004 and five hundred
thousand dollars each fiscal year thereafter, until a maximum of 10 million dollars is
established. In the event of a catastrophe req, firing the expenditure of all or part of
these reserves, five hundred thousand dollars v, ~11 continue to be set aside each fiscal
year until the reserve is replenished.
d. Beach Park Facilities
Two million dollars each fiscal year shall be appropriated from Category "A" TDC
funds for beach park facilities (including beach access property acquisition). This
funding allocation shall be adjusted annually in an' amount equal to the percentage
change in TDC Category "A" revenues.
The proposed policy, attached as Exhibit A, incorporates elements from individual beach
renourishment policy proposals previously prepared and submitted to the Board by County staff
and the Coastal Advisory Committee.
The original staff' policy proposal,, attached as Exhibit B, was developed to address the funding
shortfall both for beach renourishment and public beach access acquisition. Staff's policy
proposal essentially linked the expenditure of TDC Category "A" dollars for beach
renourishment to the availability of public beach access. The staff funding proposal was based
primarily on federal and State beach renourishment funding standards that outlined a
public/private cost share arrangement for certain projects based on the frequency and quality of
public access provided along a given section ofbeach.
Conversely, the Coastal Advisory Committee proposal, attached as Exhibit C, placed a premium
on beach renourishment over access. Eligibility for Category "A" beach renourishment funding
was defined in a way that included virtually all shoreline beaches with full renourishment
reserved for "high use" beaches and a lesser level of renourishment earmarked for "low use"
beaches.
The proposed staff policy, Exhibit A, attempts to strike an appropriate balance between the vital
need to maintain and enhance the beaches with the equally vital need to provide convenient,
useable public access to these same beaches. Clearly, the TDC dollars available to fund these
initiatives are insufficient to fully accomplish both goals. For example, the dedicated annual
appropriation proposed for beach park facilities will not provide sufficient funds to both build
and improve parking facilities, restrooms, boardwalks, concession facilities, ere and also
purchase enough property for additional access. In this respect, the Revenue Commission, as
previously directed by the Board of County Commissioners, is in the process of reviewing
potential alternative revenue sources for beach access. Conversely, the proposed funding
allocations recommended in this policy will encourage additional public beach access or require
project sponsorship for certain renourishment projects either by private or public interests along
some segments of the shoreline beach.
FISCAL IMPACT: The anticipated revenue for Tourist Development Tax Category "A" in
fiscal year 2004 is $5.6 Million. The fiscal year 2004 budget, including reserves, is $19.1
Million.
GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and
Coastal Management Element, Section 10.2 states "The County shall continue to ensure that
access to beaches, shores, and waterways remai,~ available to the public and continue with its
program to expand the availability of such access and a method to fund its acquisition." That
section further states, "Evaluate appropriate p~l~lic access intervals for renourished beaches
considering the demand for recreation and the ability .of the natural system to support the
demand. If existing access is not sufficient, the'a the County shall acquire additional access
points as a part of the renourishrnent project."
RECOMMENDATION: Approve the proposed Tourist Development Tax Category "A"
Funding Policy attached as Exhibit A.
OEC
Sac-k W~rt, Tourism Dire¢lor
REVIEWED BY: _ ~~~.~~ Date:
n Hovell, P.E., Special Projects Manager
REVIEWED BY: .,~,~ (~ ~ Date: J~hn Dunnuck, Public S~ervi~,es'~dministrator
APPROVED BY:'"-'T">'~.=e, eX....) ~'~" ~ Date:
..----'~"Ja~es W. DeLony, P.E., Pub,,~ Utilities Administra-~or
TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY
1. Use of TDC Catego~. "A "funds. Category "A" Tourist Development Tax Funds shall be
used for beach renourishment, beach maintenance, and beach park facilities including beach
access acquisition.
2. Source qf other funds. Federal or State funds are desirable and should be diligently pursued.
3. Mandatory annual budget allocation of funds and maintenance of reserves.
Catastrophe reserves shall be accumulated in the budget with SIM ~2-M) in 2004
plus $0.5M per year thereat~er re-~ ~x~ :~ ,mt~ e-~ ;., -~rm,:
~ .............., ~, ........... , etc. up to a maximum
of $10M). In the event of a catastrophe requiring the expenditure of all or part of
these reserves, $0.5M will continue to be set aside.
Annual monitoring and other permit compliance requirements. Beginning with FY
2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at
the same percentage as the project.
Major renourishment reserves shall be accumulated in the budget with $2M
per year after the completion of the major renourishment project currently in planning
and permitting (as of November 2003; projected to start setting aside funds in FY
2006).
Beach park facilities (including beach access property acquisition) shall be funded at
an average of $2M per year. This funding allocation shall be adjusted annually in an
amount equal to the percentage change in TDC Category "A" revenues.
e. Remaining funds may be used for eligible grant applications as outlined in the policy
below.
4. Eligibifi~. Eligible beach areas qualify for Category "A" funding. An "eligible beach area"
has:
a. At least one public acct, zq point from a public street; and
b. Is no more than one-half mile from a beach park facility, public access point, hotel,
motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% c°a
beach area is classified as eligib!.,,, )therwise ineligible gaps will be deemed eligible.
5. Level qfuse. Eligible beach arer: are classified according to use.
a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated
public parking or public shuttle drop-off point.
b. "Low use" is an eligible beach area outside the limits for high Use, provided that if at
least 80% of a beach area is classified as high use, low use gaps will be deemed high use.
Exhibit A
6. Level of service. Eligible beach areas qualify for Category "A" funding based on use.
a. An eligible low use beach area qualifies for "minimum maintenance," meaning
renourishment sufficient to provide minimum shoreline protection for a projected period of five
years, including maintenance, monitoring and testing on a periodic basis as needed.
b. An eligible high use beach area qualifies for full renourishment, meaning additional
renourishment intended to enhance beach width for recreational or other public purpose.
c. Additional Category "A" funding may be provided for eligible Iow use beach areas for
renourishment in addition to minimum maintenance, provided that at least 60% of the
incremental cost is funded by private or other non-County sources.
7. Inlet Sand Bypassing. The bypassing of sand across inlets may be funded by Tourist
Development Tax Category "A" funding provided the Inlet Management Plan recommends the
bypassing and the sand will be placed on an eligible beach. No TDC Category "A" funding will
be approved for dredging non-beach compatible material. Permit requirements, such as profile
monitoring and beach tilling, will be funded the same way as the bypassing.
8. Shore protection structures and project sponsorship. Projects, including construction and
maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by
Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with
an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private
interests, taxing districts, municipalities or County Departments other than those funded with
Tourist Development Taxes).
9. Grant Application Review. The Coastal Advisory Committee and the Parks and Recreation
Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the
use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed
plans will be submitted to the Board of County Commissioners (BCC) for their consideration and
approval, via the TDC. These submissions will coincide with the annual Collier County budget
cycle. The Coastal Advisvry Committee will review all requests for Tourist Develop nent Tax
Category "A" funds, with ti,e exception of County maintained beach park facilities that will be
handled by the Parks and Recreation Advisory Board. Both advisory boards will make
recommendations for appi .~val, denial or modification to the BCC, via the TDC, cons~.tent with
the BCC established policy tor use of these funds.
-Z-03 03:~5P H&yo~
MAYOR
BONNIE R. MACKENZIE
VICE MAYOR
GARY GALLEBERQ
Chairman Henning:
Bonnie R. MacKenz4e 94!
213-1010
CITY COUNCI£
P.02
R. JOSEPH HERMS
WILLIAM R. MAcILVAINE
CLARK RUSSELL
PENNY TAYLOR
TAMELA W[SEMAN
November 7, 2003
On October I4% three members of the Collier County Board of
Commissioners voted to reject a policy proposed by the Coastal Adv/sory
Committee regarding the use of Category "A" Tour/st Development tax funds. A
second motion directed the County Manager to disregard the recommendations
of the Coastal Advisory Corem/tree and to resubmit thc county staff proposal
which ranked beach maintenance secondary to beach access acquisition and
limited the ava/lability of tourist development taxes for beach maintenance
projects.
During our meeting of November 7th, the members of the Naples City Council
voted to notify you officially of our unanimous opposition to the actions of the
Board of County Commissioners and to reaiTu'm our support for the policy
proposed by the Coastal Advisory Committee.
The Naples City'Charter mandates the condition of thc beach within thc
jur/sdictional boundaries of the City of Naples to be the responsibility of the
Naples City Council. We consider the r~,,~ifications of your actions to be
unmistakable, serious and significant..
We will discun~..thia.~sue aga/n dur~ our November 17u~ workshop and our
November 19m City CoUncil meet~.'ml~! hav~ asked .the City Mana&~r to
prepare the necessary papers to reinstate the City's Beach Renouriahrnent
Committee. · .'
In the interim, we strongly encourage you to reconsider your decision.
Very truly yours,
Copy to: q Jnorable Members of the Board of County Commi~mioners
l-~r.=,~orable Members of the Naples Ci~ Council
He, lorable members of the Marco lsbmd City Council
Cot~nty Manager Jim Mudd
City Ma~tger Bob Lee
City Manager B~ll Mona
County Attorney David Weigel
City Attorney Bob Pritt
DEC - 2 2003
Po. \\
735 mGHTH S'I'RI/HT SOUTH * NAPU/S, PLOP[DA 34102-6'196
T~-m~HONE (2391213.1000 * FAX (239)213-1010
November 13, 2003
Honorable Tom Hennlng, Chairman
Collier County Board of Commissioners
3301 Tamiami Trail East
Naples, Florida 34112 ,
Re: Funding Policies for Beach Maintenance
Dear Chairma~J3-J'~ing~ ~ ,
On November 10, 2003 the Marco Island City Councit discussed the actions of the
Board of County Commissioners taken on October 14ato reject the recommendations
of two County advisory committees, regarding a funding policy for beach maintenance.
The policy recommended by the Coastal 'Advisory' Committee and the Tourist
Development Council was deemed by your appointed citizens to be a SignifiCant step
forward in prioritizing beaCh funds and providing additional access with appropriate
cost sharing.
The Marco Island City Council was disappointed to learn that County Manager Mudd
was directed to disregard the recommendations and' resubmit a staff proposal that
ranked beach access acquisition a greater priority than beach maintenance. We
believe the Board's decision is ,contrary to the will of the people who authorized the
=stablishment of Category "A" Toudst Development Tax Funds by referendum for the
purpose of beach renourishment and beach .maintenance.
While we recognize ~he CAC' and TDC serve in an ad .viscry capacity,' we are s:urprised"
I,tat recommended policies that 'received substantial ,, upport 'frOm citizens who have
.? monstrated their technical expertise and-leadershl~ lq Collier County would be
¢~ ~tright rejected by the County Commission.
We believe that the Board of County Commissioners Is acting on Incomplete
information and flawed assumptions.that additional .access will receive.significantly
more funding from federal and state governments for 'ourbeaches,. It. is.prudent to
assume that our federal'and state governments, with their limited, funding .sources, Will
· · J DEC -
Honorable Tom Henning, Chairman
November 13, 2003
Page 2 ~
.direct their resources to areas with Significantly greater Pri°titles. We believe the
significant demand for federal and state dollars will diminish the opportunities for
Collier County to receive grant support. Reliance on these soumes of funds is not a
practical approach to plan and protect the beaches of Collier County.
We also believe that the Collier County electorate supported TDC tax funds for beach
renourishrnent and maintenance, and no[ for the purchase of property for public beach
access. While the goal to acquire additional access may be considered a worthy goal,
attaining that goal at the expense of beach renourishment and maintenance is not.
We respectfully ask that the Board of County Commissioners reconsider its decision.
Mich'a~t-F-. Mih'E'zzi, Jr.
Chairman, Marco isl .and City. CoUncil
MFM/bai
cc: City Council
Naples City Council
Jim Mudd, County Manager
Bob Lee, Naples City Manager
DEC -,. 2~J
November 17, 2003
Presidents Council
Greater Naples Property Owners Association
P.O. Box 1894, Naples, FL 34106-1894
NOV 2 0 20O3
County Commissioners
Collier County Government Center
3301 U.S. 41 East
Naples, FL 34112
Dear Commissione~.
As you are probably aware, the Presidents Council of the Greater Naples Property Owners
Association represents approximately 50,000 residents in Collier County,
At its meeting on November 7, a motion was made and passed by a unanimous vote of the
representatives present that the Association write to the Cotlier County Commissioners stating
the Association's support of the Funding Policy for Catego~/A Projects proposed by the Coastal
Advisory Committee to the Board of County Commissioners at its October 14, 2003, meeting.
Although the Presidents Council generally supports the expenditure of funds where needed for
beach access, such as improving the state parks and redudng fees, we believe that the tourist
development tax was not crested for this purpose and was to be used for beach renourishment.
We believe that any monies to be appropriated by the Commission for beach access should be
done through a vote by the voters in Collier County, Your attention to this request is very much
appreciated.
Sincerely,
Richard Laughlin, Chair
c County Manager Jim Mudd .,'"
Coastal Advisory Committee
R~.GEIVED ~ MA/~GER OFFICE
NOV Z 1 2003
COLLIER COUNTY BE~BLO~: ttil~ox, CO.!L*,;ITTEE
N~.'-c City Hal:
735 Eighth Street, South
Naples FL 34102-6796
November 18, 2003
The Honorable Tom Henning, Chairman
Board of Collier County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
Dear Chairman Henning,
The action taken by the Board of County Commissioners regarding a funding policy for
beach maintenance is of serious concern to our coastal communities. We have formed a
Beach Blue Ribbon Committee with representatives of 25 organizations and businesses
from Vanderbilt Beach, Pelican Bay, Naples and Marco Island. Collectively, our
committee represents over 50,000 people.
The Committee strongly objects to the action of the Board of County Commissioners to
divert Tourist Development tax Category "A" funds from beach maintenance to
acquisition of additional public access. The Committee will vigorously oppose, politically
and legally, any continued effort to divert funds for any non-beach maintenance purpose.
The Committee highly recommends the Board of County Commissioners reconsider and
adopt the policy proposed by the Coastal Advisory Committee and Tourist Development
Council.
Very truly yours,
Vice-Mayor, City of Naples
Chairman
Xc: Collier County Commissioners
Marco Island City Council
Naples City Council
Mr. James Mudd, County Manager
Mr. Bill Moss, Marco Island City Manager
Dr. Robert E. Lee, Naples City Manager
Mr. Jack Wert, Tourism Director
CL~Ss~cFlorida
MEMORANDUM
DATE: November 24, 2003
TO:
FROM:
SUBJECT:
Board of County C.ommissioners
Collier County, Florida
Jack Wert, Tourism D~rect
TDC Request
At the regularly scheduled November 24, 2003 meeting of the Collier
County Tourist Development Council (TDC), a recommendation was
unanimously passed concerning the proposed Category "A" Beach Funding
Policy. The TDC members requested a Resolution be sent to the Board of
County Commissioners (BCC) requesting that their vote on the proposed
policy be postponed until the December 16, 2003 BCC meeting.
The TDC members felt that their statutory responsibility includes a review
and resulting recommendation on all expenditures of tourist tax funds. The
desire of the TDC is to review the proposed policy at the December 9 joint
BCC/TDC work session and then make a recommendation to the BCC for
further action at their December 16 BCC meeting.
The TDC Resolution is attached.
Convention & Visitors Bureau
3050 N. Horseshoe Drive #210, Na~es, FL 34104
T (239) 403-2384 · F (239) 434-5066
E jackwenOcolliergov, net· W wv~v. classicflofida.com
DI:E - ~ Z~J
RESOLUTION NO. 2003
A RESOLUTION OF THE COLLIER COUNTY TOURIST
DEVELOPMENT COUNCIL REQUESTING DEFERRAL OF
BEACH POLICY.
WHEREAS, the Tourist Development Council submitted a beach policy to the Board of
County Commissioners; and
WHEREAS, the Board of County Commissioners reviewed the beach policy from the
Tourist Development Council and asked staffto revise it; and
WHEREAS, the Board of County Commissioners is scheduled to review the revised beach
policy on December 2, 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE TOURIST DEVELOPMENT
COUNCIL, that the Tourist Development Council requests the Board of County Commissioners to
defer the beach policy issue until full discussion of the Tourist Development Council and Board of
County Commissioners takes place at the joint workshop scheduled for December 9, 2003.
THIS RESOLUTION ADOPTED this 24m day of November, 2003, after a motion, second
and majority vote favoring ~ame.
ATTEST:
DWIGHT E. BROCK, C.~.e~ k
TOURIST DEVELOPMENT COUNCIL
Deputy Clerk
Approved ns to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
By:.
GARY GALLEBERG, Vice Chairman
DEC - z 2. u3
0
GREATER NAPLES,
MARCO ISLAND, EVER GLADES
JOINT BCC/TDC WORKSHOP
DECEMBER 9, 2003
Overall Goals Of Workshop
~- ;~
~l I'llllllllllll Ill IIII ~,.~
1. Review what we've done in the past year.
2. Examine some current markets and trends.
3. Examine some key economic indicators for
tourism in Collier.
4. Look at our competitive position and
comparative investment.
5. Look at 2004 planning.
KEY RE COMMEND~i TIONS
FROM 2002 tFORKSHOPS
........ Lll ~ ~ I II II irg ~lrfl11111 iiii i i
* TDC Meet Monthly
* New Tourism Office
* Advisory Group
* Research- ROI
KEY RE COMMENDATIONS
FROM 2002 WORKSHOPS
* New Department Should Report to
County Manager
* Annual Workshop Update
* The New County Tourism Office
Should be A Convention & Visitors
Bureau and a Staff Should be Hired.
2
'8
Other Key Recommendations
Illl IIIII ~lll~lll II I I~'~[llr
* Clear backdated invoices for payment.
* Create Emergency Campaign.
* Lease space and set up new CVB offices.
, The County to re-evaluate current level
of promotion investment to protect jobs
and economy as compared to the
tourism competition
Recommended Measures of
Success:
* Average Daily Rate Growth
* Occupancy Growth
* Visitor Spending Growth
* Tax Revenue Growth
*Jobs Growth
3
The Competition'
We're not the only place with warm weather,
great beaches and exotic wildlife
Costa Rica
4
8
I/ir~in Islands
The SW Florida
Gulp'Coast
SA RAS.-~TA
Florida's Cultural Coast'
L ?: ?, ~I/.' L C~: ~',,;':'~', ~,': .'h~,',,;~'L ~'~Y.
How Do l~Ve Compare?
,,~ Our P~vestment in Marketing Versus Thei~s~
Tour~m Development Investment by Room by Cou n~
700-
600~ / ~ :
500 ~
Budget per Room 400 ~
in USS 300 ~ --
2OO
~ -
100
o" -
Counties
r~OW
Do We Stack Up ?
r Investment in Marketing Versus Theirs
6
The Original Purpose of the
Tourist Tax itt Florida
1111 ...... ?.?,,m ,, Jill [~Bql
"The original concept of levying a "bed tax" was
to generate a dedicated source of funds to
advertise and otherwise promote the growth of
tourism in a specific area in order to fill more
hotel and motel beds and generate local
economic impact."
1997 Report on Florida's Tourist Related Taxes.
Florida House of Representatives
Greater Naples, Marco L¥1and,
Everglades
Our Marketing Plan
For 2003
7
FUNDING LEVELS
3% Tax on Short -Term
Accommodations- 6 Months or less
· 66% to Beach Programs
· 16% to Promotion & Administration
· 18% to Museums
IMARKE TING PRIORITIES
? .:~ JANUARY- SEPTEMBER '03
* Create One Message/Image for Collier
* Initiate International Tour Operator
Relationships
* Create Regional Partnerships
* Form Advisory Roundtable
* Expand Co-Op Advertising/Trade
Shows
* Revise Grant Guidelines
8
Research Priorities-January-
September'03
III I I ~'lll)l I1 II II I
* Establish Baseline for
Impact/Conversion Studies
* Expand Profile Study- Personal
Interviews
*Average Visitation Spending
* Conversion Cost- Print, Broadcast, Web
* Expand "Worth of Tourism"
* Qualitative Studies on the Brand
Product Development January-
September '03
* Establish Golf Package Wholesaler
* Explore On-line Hotel Reservations
* Film & Television In-House
* Public Relations In-House
* Create Visitor Guide
* Create Meeting Planner Guide
Support Services January-
September '03
* Create Intern Program
* Establish Volunteer Program
* Explore "Bring Your Meeting Home"
* Improve Fulfillment Reporting
Community Advocacy Priorities
January-September '03
· Create a National Tourism Week
Campaign
· Meet with Collier County Legislative
Delegation
· Enhance Awareness of the Worth of
Tourism in Collier County
· Create Good Will with Local & Regional
Media
10
Partnership Priorities
January- September '03
* Ft. Meyers International (RSW)
Working Relationship
* Partnership with Lee & Charlotte
Counties for International Promotion
* Trade Show Partnerships with Hotels
~ Mid-Range Marketing Goals
* RFP for Marketing, Research,
Fulfillment
* Develop & Research New Brand &
Positioning of Destination
* Identify New Funding Sources
11
Mid-Range Research Goals
Measure Tourism Jobs Impact
Measure Savings to Residents from
Tourism
Document Quality of Life Contribution
from Tourism
* Expand Tourism's Role in County &
Regional Issues
* Establish County Voice in
- Visit Florida & Tourism Commission
- Florida CVB Association
- International CVB Association
12
Mid- Range Product
~ Development Goals
~1] ......
* Expand Receptive Tour Operator Base
* Develop Nature, Heritage, Cultural Packages
* Sports/Special Event Development
* On-line Sales Leads to Hotels
* On-line Booking of Vacation Packages
* On-Line Booking of Golf Vacations
* International Representation
· Long Range Partnering Goals
* Native American Tribe Promotions
* Other Florida Beach Destinations
* Gulf Coast Partnership
13
WHAT DID WE
ACCOMPLISH?
STATE OF TO URISM
Florida is still recovering
Collier is Approaching Recovery
International Recovering- UK promising
Leisure Travel Still Down
Group Meetings Increasing
14
S TRA TE GIC PAR TNERS
* Advisory Roundtable
* Hotels, Attractions & Shopping
* Lodging Association
* Visit Florida
* Chambers of Commerce
* Economic Development Commission
* S.W. FL International Airport
* Florida Gulf Coast University
* Gulf Coast Partnership
MISSION S TA TEMENT
To be a year-round destination of choice
for new and repeat leisure and business
visitors to enjoy our many unique and
memorable vacation experiences, world-
class meeting, attraction and activity
offerings, bringing positive economic
growth and stability to Collier County.
15
VISION STATEMENT
To be the most desirable and most
recognized year-round tourism
destination in the world.
IMPA CT OF TOURISM
* 1.3 Million Visitors (-0.9%)
* $577 Million Spent (-0.8%)
* $859,900 Economic Impact (-.008%)
* $58 Million in Taxes (-0.2%)
* 17,891 Direct Jobs (+2.3%) 21.6% of Total
* $413 Million Payroll (+4.5%)
* Saves Residents $506 in Taxes
- Source: Research Data Services 2002
16
HO W WE PR OMO TE
* One Destination- One Message
* Paid Advertising
* Public Relations
* Trade Shows
* Website: ~,~ ~, ~.ci,~st~ ~']~ tO,~,~, ! '~
* 800-688-3600
MARKETING STRATEGY
[Ill Illi[ ill[ "~'~"'~!
Shoulder & Low Season Promotions
Maintain Year-Round Employment
Hot Buttons
- Time Poverty
- Nature, Heritage, Culture
- Safe, Family Destination
- Getaways
- Short Distance Drive Markets
Target Feeder Cities/Regions
· West Palm to Miami, Orlando, Tampa
· N.E. - New Jersey to Massachusetts
· Midwest- OI-I~ MI~ IN~ PA
17
MEDIA S TRA TE G Y-
CONSUMER
Newspaper
Magazines
Web Site
Trade Shows
Visitor Guide
MED IA S TR,4 TE G Y-
MEETINGS
* Trade Shows
* Meeting Planner Trade Publications
* Meeting Planner Fams
* Meeting Planner Guide
* Web Site
18
MEDIA STRATEGY-
* Golf Shows
GOLF
* Golf Publications
* Web Site
* GolfPac Wholesaler
* Regional Promotion
TOURISM WORKS FOR
COLLIER COUNTY
Naples
Marco Island
Everglades
Working Together
19
TOURISM WORKS FOR
COLLIER COUNTY
Questions
RESOLUTION NO. 2003-
RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS DESIGNATING THE COUNTY TOURISM
DEPARTMENT OFFICE KNOWN AS THE GREATER NAPLES,
MARCO ISLAND, EVERGLADES CONVENTION AND VISITORS
BUREAU AS THE OFFICIAL COUNTY TOURISM PROMOTION
AGENCY
WHEREAS, On December 17, 2002, by Resolution No. 2002-501, the Board of County
Commissioner's designated the new tourism marketing office of the County as The Greater
Naples, Marco Island and the Everglades Convention and Visitor's Bureau, and
WHERAS, the County Tourism Department was created for the purpose of tourism
promotion by Collier County, and
WHEREAS, the Board of County Commissioners desires to designate the Collier
County Tourism Department office, which is currently known as The Greater Naples, Marco
Island, Everglades Convention and Visitor's Bureau, as the Official County Tourism Promotion
Agency pursuant to Section 125.0104(9), FS.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that, the Collier County Tourism
Department office is hereby designated as the Official County Tourism Promotion Agency
pursuant to Section 125.0104(9), FS.
This Resolution adopted this __ day of December 2003 after motion; second and
majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
By:
Tom Henning, Chairman
Heidi Ashton
Assistant County Attorney