Agenda 05/08/2012 Item #11B5/8/2012 Item 1 *1.B.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the Tourist Development Council (Advisory
Board) Ordinance No. 92 -18, as amended, to more specifically conform to the statutory
language in Section 125.0104(4)(e), Fla. Stat., to include the TDC recommendation to make
the language more stringent with "experience," and to authorize Staff to advertise the
Ordinance and return to Board for adoption.
OBJECTIVE: For the Board of County Commissioners to approve an amendment to the Tourist
Development Council (Advisory Board) Ordinance No. 92 -18.
CONSIDERATIONS: The current TDC Advisory Board Ordinance provides for a mandatory
rotation of seats between the City of Marco Island and Everglades City. The TDC discussed
whether this language should be updated based on the current needs of the TDC. After review,
the County Attorney's Office recommends tracking the language of the statute which will
provide the TDC and the Board of County Commissioners with the appropriate authority to
appoint members to the TDC.
The proposed amendment conforms to the language in Section 125.0104(4)(e), and follows:
(a) The Chairman of the Board of County Commissioners of Collier County
or any other members of the Board of County Commissioners as designated by
the Chairman to serve on the Council.
(b) Two (2) members of the Council shall be elected municipal officials, at
least one (1) of whom shall be from the most populous municipality in the County
or Sub - County Special Taxing District in which the tax is to be levied. The -Q
of Ever-glades and the Gity of Mafee Island shall ahei%ate as the seeend ffwaieipal
faember. hi the event tha,4 ether- fi+tmieipalities afe legally er-eatted in- the, ,
FatMi6ipal Seat-.
(c) ,
StatHtes Six (6) members of the Council shall be persons who are involved in the
tourist industry and who have demonstrated esi experience in tourist
development, of which members, not less than three (3) nor more than four (4)
shall be owners or operators of motels, hotels, recreational vehicle parks, or other
tourist accommodations in the County and subject to the tax.
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tauFist development tax.
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5/8/2012 Item 11.13.
FISCAL IMPACT: The cost to advertise the proposed Ordinance is approximately $280.00
which funds are available from Funds 195 and 194.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan
from this action.
ADVISORY COMMITTEE RECOMMENDATION: The TDC reviewed this proposed
Ordinance amendment at their meeting on Wednesday, April 11, 2012. The TDC recommends
one additional edit in paragraph "c" above. Rather than persons who have "demonstrated an
interest" in tourist development, the TDC recommends person who have demonstrated
"experience" in tourist development. This item was recommended for approval by vote of 7 -0.
LEGAL CONSIDERATIONS: Section 125.0104(4)(e), Fla. Stat., specifically defines the nine
positions for membership on the TDC. Counties are generally authorized to make an ordinance
more stringent than a statute as long as the County is not clearly preempted from doing so. The
statute does not assert preemption; however there is a potential argument for preemption.
Notwithstanding the preemption argument, the TDC proposal for more stringent language is
legally sufficient. This item has been reviewed by the County Attorney's Office and requires
majority vote by the Board. — CMG
RECOMMENDATION: Recommendation to approve an amendment to the Tourist
Development Council (Advisory Board) Ordinance No. 92 -18, as amended, to more specifically
conform to the statutory language in Section 125.0104(4)(e), Fla. Stat., to include the TDC
recommendation to make the language more stringent with "experience," and to authorize Staff
to advertise the Ordinance and return to the Board for adoption.
SUBMITTED BY: Jack Wert, Director, Tourism
Colleen M. Greene, Assistant County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B.
5/8/2012 Item 11.13.
Item Summary: Recommendation to approve an amendment to the Tourist Development
Council (Advisory Board) Ordinance No. 92 -18, as amended, to more specifically conform to the
statutory language in Section 125.0104(4)(e), Fla. Stat., to include the TDC recommendation to
make the language more stringent with "experience," and to authorize Staff to advertise
Ordinance and return to Board for adoption.
Meeting Date: 5/8/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
4/26/2012 11:13:55 AM
Approved By
Name: WertJack
Title: Director - Tourism,Tourism
Date: 4/26/2012 1:54:04 PM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 4/30/2012 8:23:01 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/30/2012 9:23:31 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/2/2012 9:37:58 AM
Name: OchsLeo
Title: County Manager
Date: 5/2/2012 9:47 :46 AM
3
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5/8/2012 Item 11.B.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 92 -18, AS AMENDED,
WHICH ESTABLISHED THE TOURIST DEVELOPMENT
COUNCIL, BY AMENDING SECTION THREE, ENTITLED
"COMPOSITION OF MEMBERSHIP," PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 92 -18 established the Tourist
Development Council pursuant to the authority and requirements of Section 125.0104, Florida
Statutes; and
WHEREAS, Ordinance No. 92 -18, as subsequently amended, provides that two
members of the Council shall be elected municipal officials with the City of Everglades and the
City of Marco Island alternating as the second municipal member; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No.
92 -18, as amended, specifically Section Three, "Composition of Membership," in order to
conform to Section 125.0104(4)(e), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO.
92 -18, AS AMENDED.
Section Three is hereby amended as follows:
SECTION THREE: COMPOSITION OF MEMBERSHIP.
The membership of the Collier County Tourist Development Council
shall be composed as follows:
(a) The Chairman of the Board of County Commissioners of Collier
County or any other members of the Board of County Commissioners as
designated by the Chairman to serve on the Council.
Underlined text is added; Stmsk 0wough text is deleted
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5/8/2012 Item 11.13.
(b) Two (2) members of the Council shall be elected municipal officials, at
least one (1) of whom shall be from the most populous municipality in the
County or Sub - County Special Taxing District in which the tax is to be levied.
The Git , of Fwe_et„ae� „a +t, n•4 f Mar-ee island t, It ft + 41
�.... vl�) va uY VabaK�av� -mlcc
(C) Pffee (3) members ,hall be e e „ +e .f etet. 7 ,e em
7
1 VV1VK.1 V11K1 YV111Vae parks, er- ether- tourist aeeew.,nedatiens in the Gauffty
subject 4„ any 4eer-i,4 aeyet„ 4 4ev levied + 4e See4a.., 12c nlnn
�....� .., ,.:'.j �..Kal.l. KV.vzopazl�i cZUZr- iv�-rcc�sii�u�axr�v ,
s Six (6) members of the Council shall be persons who are
involved in the tourist industry and who have demonstrated an—intefest
experience in tourist development, of which members, not less than three (3)
nor more than four (4) shall be owners or operators of motels, hotels,
recreational vehicle parks, or other tourist accommodations in the County and
subject to the tax.
(d) Pffee (3) members ef the Geuneil shall be per-sons whe are invelve
the tourist industi3, and whe have defnenstr-eAed an interest in teii
deyelepme'nt, btA who are net a A%er-s er-- epp@i(it9r-s f motels, net
All members of the Collier County Tourist Development Council shall
be electors of Collier County and the members shall serve at the pleasure of the
Board of County Commissioners for staggered terms of four (4) years. The
terms of office of the original members shall be prescribed in the resolution
appointing the original members.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be
Underlined text is added; Sttev dwough text is deleted
T_._' _C1
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5/8/2012 Item 11.6.
renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to look
"section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form
and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
2012.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Underlined text is added; Stflask difeugh text is deleted
n_.__ � _rte
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5/8/2012 Item 11.13.
Section 125.0104 (4)(e), Fla. Stat.
The governing board of each county which levies and imposes a tourist development tax
under this section shall appoint an advisory council to be known as the " (name of county)
Tourist Development Council." The council shall be established by ordinance and composed of
nine members who shall be appointed by the governing board. The chair of the governing board
of the county or any other member of the governing board as designated by the chair shall serve
on the council. Two members of the council shall be elected municipal officials, at least one of
whom shall be from the most populous municipality in the county or subcounty special taxing
district in which the tax is levied. Six members of the council shall be persons who are involved
in the tourist industry and who have demonstrated an interest in tourist development, of which
members, not less than three nor more than four shall be owners or operators of motels, hotels,
recreational vehicle parks, or other tourist accommodations in the county and subject to the tax.
All members of the council shall be electors of the county. The governing board of the county
shall have the option of designating the chair of the council or allowing the council to elect a
chair. The chair shall be appointed or elected annually and may be reelected or reappointed. The
members of the council shall serve for staggered terms of 4 years. The terms of office of the
original members shall be prescribed in the resolution required under paragraph (b). The council
shall meet at least once each quarter and, from time to time, shall make recommendations to the
county governing board for the effective operation of the special projects or for uses of the
tourist development tax revenue and perform such other duties as may be prescribed by county
ordinance or resolution. The council shall continuously review expenditures of revenues from the
tourist development trust fund and shall receive, at least quarterly, expenditure reports from the
county governing board or its designee. Expenditures which the council believes to be
unauthorized shall be reported to the county governing board and the Department of Revenue.
The governing board and the department shall review the findings of the council and take
appropriate administrative or judicial action to ensure compliance with this section. The changes
in the composition of the membership of the tourist development council mandated by chapter
86 -4, Laws of Florida, and this act shall not cause the interruption of the current term of any
person who is a member of a council on October 1, 1996.
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