Ordinance 2009-58
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~ .... ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS o~f~\ ~cP
~OC: ~ LLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60,<.::'/"
6l8lll9\,t;\,'O AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT
TAX ORDINANCE) BY AMENDING SECTION THREE - USES OF TAX
REVENUES, IN ORDER TO: (1) REALLOCATE $500,000 OF THE
ANNUAL FUNDS SET ASIDE FOR CATASTROPHE RESERVES FOR
TOURISM DESTINATION MARKETING FOR A PERIOD OF ONE
YEAR; AND (2) TO REALLOCATE $500,000 OF THE $2,000,000 PER
YEAR SET ASIDE FOR MAJOR BEACH RENOURISHMENT
RESERVES FOR TOURISM DESTINATION MARKETING FOR A
PERIOD OF ONE YEAR; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option
tourist development tax by any county; and
WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted
Ordinance No. 92-60, which levied and imposed a 2% tourist and development tax throughout
Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and
WHEREAS, through adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the
Board levied an additional 3rd and 4th percent tourist development tax; and
WHEREAS, the Board, by an extraordinary vote, desires to amend the uses of tax
revenue and the tourist development plan for a single year only; and
WHEREAS, the proposed amendments were presented to and approved by the Collier
County Tourist Development Council.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60,
AS AMENDED.
Section Three is hereby amended by adding new subsections (a)(6) and (a)(7) to read as follows:
Section Three - Uses of Tax Revenues.
a) The tax revenues received pursuant to this division shall be used to fund the county
tourist development plan, which is hereby amended as follows:
Words Underlined are added; Words Stmek Through are deleted.
Page I of3
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(6) The sum of $500,000 annually allocated for Catastrophe Reserves from County
Fund 195 shall be reallocated to Fund 184 to be used for destination marketing for a period of
one year from enactment of this amendment. at which time this provision will expire and be of
no further force or effect unless further extended by the Board.
(7) Five hundred thousand dollars ($500,000) of the Two million dollars ($2,000,000)
that is annually allocated for Maior Beach Renourishment Reserves from County Fund 195 shall
be reallocated to Fund 184 to be used for destination marketing for a period of one year from
enactment of this amendment, at which time this provision will expire and be of no further force
or effect unless further extended by the Board.
~oo The above and foregoing tourist development plan may not be substantially
amended except by ordinance enacted by an affirmative vote of a majority plus one additional
member of the Board of County Commissioners.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered 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.
Words Underlined are added; Words Struek Through are deleted.
Page 2 of3
PASSED AND DUL Y ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, this \c\\...day of ~~'ocx- , 2009.
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'DWIGHr ,1(\Bl~eOC "CLERK
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By:
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BOARD OF COUNTY COMMISSIONERS
COLLIER J,TY, FLORID~_
By: ~"'-' d-&
DONNA FIALA, CHAIRMAN
This Ordlnanee flied wl1fi fl;i
StG4tPry of S.tW's OW~~
~ day of 111 . , .H.lIk1-
and acknowledgem t that
fili re eived. is day
of
Words Underlined are added; Words Struok Through are deleted.
Page 3 of3
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 and correct
copy of:
ORDINANCE 2009-58
Which was adopted by the Board of County Commissioners
on the 10th day of November, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of November, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Bo~~d,o~,
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County Commissi.'Gmer's /
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