Agenda 05/22/2012 Item # 9B5/22/2012 Item
EXECUTIVE SUMMARY
Recommendation to adopt an amendment to the Ordinance No. 92 -18, as amended,
(Tourist Development Council) specifically Section Three "Composition of Membership,"
to provide for municipal officials from the City of Naples and the City of Marco Island;
provide for appointment of a member recommended by the City of Everglades City; and
provide for a membership guideline of two members being owners or operators of motels
or hotels, and one member who is otherwise qualified as an owner /operator.
OBJECTIVE: For the Board of County Commissioners (Board) to adopt an Ordinance
amending the Tourist Development Council (TDC) Ordinance No. 92 -18, as amended.
CONSIDERATIONS: The current TDC Ordinance provides for a mandatory rotation of seats
between the City of Marco Island and Everglades City. The TDC recently discussed whether
this language should be updated based on the current needs of the TDC. At its May 8, 2012
regular meeting, the Board recommended amending the ordinance in the manner set forth below.
In keeping with Board direction, the proposed amendment to Section Three has been prepared:
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.
(b) Two members of the Council sly must be elected municipal officials east
One member shall be from the City
of Naples, and the other member shall be from the City of Marco Island. These members
shall be appointed from a list containing one or more qualified applicants submitted b�
the respective governing bodies of those cities. The Gity of Everglades and the Gity ef
munieipalities are legally er-ea4ed in the eettn�,, then these fnunieipalities shall
(c) Three members shall be owners or operators of motels, hotels, recreational
vehicle parks, or other tourist accommodations in the County subject to any tourist
development tax levied pursuant to Section 125.0104, Florida Statutes. In appointing
such members, the Board of County Commissioners will strive to obtain a membership
guideline of two of these members being owners or operators of motels or hotels, and one
member who is otherwise qualified.
(d) Three members of the Council shall be persons who are involved in the tourist
industry and who have demonstrated an interest in tourist development, but who are not
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5/22/2012 Item
owners or operators of motels, hotels, recreational vehicle parks or other tourist
accommodations in the County which would be subject to any tourist development tax.
(e) Of the six members who are either owners or operators, or persons involved in the
tourist industry, one member shall be appointed from a list containing one or more
qualified applicants submitted by the governing body of the City of Everglades City.
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.
FISCAL IMPACT: The cost to advertise the proposed Ordinance was $249.06; the funds were
made 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 recommended revising the
ordinance to track the statutory language, except that paragraph (d) above should provide: ".. .
persons who are involved in the tourist industry and who have demonstrated an inter-es
experience in tourist development ..."
LEGAL CONSIDERATIONS: The proposed ordinance was prepared by the County Attorney,
is legally sufficient and requires majority vote for approval. — JAK
RECOMMENDATION: That the Board of County Commissioners adopts the proposed
Ordinance amending the Tourist Development Council Ordinance No. 92 -18, as amended.
SUBMITTED BY: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.B.
5/22/2012 Item O.E.
Item Summary: Recommendation to adopt an amendment to the Ordinance No. 92 -18,
as amended, (Tourist Development Council) specifically Section Three "Composition of
Membership," to provide for municipal officers from the City of Naples and the City of Marco
Island; provide for appointment of a member recommended by the City of Everglades City; and
provide for a membership guideline of two members being owners or operators of motels or
hotels, and one member who is otherwise qualified as an owner /operator.
Meeting Date: 5/22/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/14/2012 3:38:54 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 5/15/2012 10:15:15 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/15/2012 3:38:02 PM
Name: OchsLeo
Title: County Manager
Date: 5/15/2012 4:28:58 PM
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5/22/2012 Item �'..
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 City 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 provide for
municipal seats for both the City of Naples and the City of Marco Island, provide for the ability of
City of Everglades City to appoint a member to the council, and provide for a membership
guideline of two members being owners or operators of motels or hotels, and one member who is
otherwise a qualified owner /operator.
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.
Underlined text is added; Strasl euo text is deleted
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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.
(b) Two members of the Council sha11 must be elected municipal officials, at least one
One member shall be from the City of
Naples, and the other member shall be from the City of Marco Island. These members
shall be appointed from a list containing one or more qualified applicants submitted by
respective governing bodies of those cities. The Git., fEverglades and the nifty e44.,fee
island shall alternate as the seeepA muffieipal member-, in the e�veiit 4h4 eth
munieipalifies afe legally er-eated in the eeunty, then these maaieipalfties shall be ineluded
(c) Three members shall be owners or operators of motels, hotels, recreational vehicle
parks, or other tourist accommodations in the County subject to any tourist development
tax levied pursuant to Section 125.0104, Florida Statutes. In appointing: such members.
the Board of County Commissioners will strive to obtain a membership guideline of two of
these members being owners or operators of motels or hotels, and one member who is
otherwise qualified.
(d) Three members of the Council shall be persons who are involved in the tourist
industry and who have demonstrated an interest in tourist development, but who are not
owners or operators of motels, hotels, recreational vehicle parks or other tourist
accommodations in the County which would be subject to any tourist development tax.
(e) Of the six members who are either owners or operators, or persons involved in the
tourist industry, one member shall be appointed from a list containing one or more
Qualified applicants submitted by the governing body of the City of Everglades City.
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
Underlined text is added; text is deleted
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5/22/2012 Item e
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
M.
, Deputy Clerk
2012.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Underlined text is added; Swas1E through text is deleted
Page 3 of 3
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5/22/2012 Items.
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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22D )) Friday, May 11, 2012 )) NAPLES DAILY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, .May 22, 2012, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows_:
AN ORDINANCE OF THE. BOARD OF COUNTY COMMISSIONERS OF .COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92.18, AS AMENDED, WHICH
ESTABLISHED THE TOURIST DEVELOPMENT COUNCIL, BY AMENDING SECTION
THREE, ENTITLED ".COMPOSITION OF MEMBERSHIP ", PROVIDING . FOR CONFLICT
AND SEVERAMLITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda Rem must register with the
County administrator prior to presentation of the agenda hem to be addressed.
Individual speakers will be limited to 3 minutes on any Item:. The selection of an
individual to speak. on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of sevemdays
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is ,made, which record includes the testimony and
evidence upon which the appeal is based.
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 tp. you, to the provision
of certain assistance. Please contact the Collier .County facilities. Management
Department, located at 3335 Tamiami Trail East, Sulte #101, _Wkjilding W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE; CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann lennejohn, Deputy Clerk
(SEAL}
BY 11 201
.. Nn 1, Nn
.Pa •,,
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