Ordinance 2011-02
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\":':'", rS ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS.OF (____
'~'::;::,,:?,,"?t;'"7-J.t-'..1,,; COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 9t~;;60, '.":
"~~,~,,,-, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLLI~R ',)
COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO Tim
LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL
1% TAX (3RD PERCENT), AND AN ADDITIONAL 1% TAX (4~.
PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THK.
LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104,"-
FLORIDA STATUTES, AS AMENDED; AMENDING SUBSECTION
(A)(3) OF SECTION THREE TO REDISTRIBUTE CERTAIN TOURIST
DEVELOPMENT TAX FUNDS TO CATEGORY "B" FOR USE IN
MARKETING AND PROMOTION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LA WS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. 2011 -0..2-
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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, on November 10, 2009, the Board adopted Ordinance No. 2009-58 which
for a period of one year, or until November 10, 2010, reallocated certain tourist development tax
revenues for use in tourism destination marketing; and
WHEREAS, the Board, by an extraordinary vote, desires to amend the uses of tax
revenue and the tourist development plan in order to redistribute certain Tourist Development
Tax funds to Category "B" for use in marketing and promotion; 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:
Words Underlined are added; Words Strode Thre~gh are deleted.
Page] of3
SECTION ONE: AMENDMENT TO SUBSECTION (A)(3) OF SECTION THREE OF
ORDINANCE NO. 92-60, AS AMENDED.
Subsection (a)(3) of Section Three is hereby amended to read as follows:
Section Three - Uses of Tax Revenues.
a) The tax revenues received pursuant to this division shall be used to fund
the county tourist development plan, which is hereby amended as follows:
**************
(3) The additional one percent tax (4th percent) collected pursuant to section
TWO (G) shall be used entirely to finance tourism promotion including
advertising, public relations, promotion, research and fulfillment. Tourism
promotion administrative costs shall not exceed 32 % of the total amount
collected each fiscal year for Category B uses and shall be financed solely from
the 23.236% portion of the 2% tax. The Disaster Recover Advertising Fund will
continue to be financed from the 23.236% of the 2% tax at the rate of
$500,000.00 in FY06, and $500,000.00 in FY07, and up to $500,000.00 in FY08,
and budgeted eaeh subsequem year to maintain a maximum level of $1.5 milliofl
$1 million. At the end of each fiscal year, any remaining funds in the 23.236%
of the 2% tax after fulfillment of the above uses in the 23.236% of the 2% tax
will be distributed to Category ~ "B" (Marketing and Promotion) with 66
pereem alloeated to beaeh afld inlet lTlaflagemem projeets and 34 pereent to
beaeh aeeess projeets. It is the intent of the Board of County Commissioners to
maintain this new level of tourism promotion dollars in the future.
**************
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
Words Underlined are added; Words SBllsk Thre~gh are deleted.
Page 2 of3
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners' of Collier County, Florida, this~ay of :::ra.nuc:=\~ , 2011.
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DWIOHT'E. BRodK;..aERK
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Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~W. ~
FRED W. COYLE, CHAIRM
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Colleen M. Greene-
Assistant County Attorney
This ordlnonce filed with the
Secretory of ~~ffice the
.::il!-doy of . ,20 II _
ond acknowledgement of that
filin received this ~ day
of , '2.0\\ .
Words Underlined are added; Words SBllsk TRre~gh 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 2011-02
Which was adopted by the Board of County Commissioners
on the 25th day of January, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of January, 2011.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commiss_i9nars9 'i >
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By: Martha Ver ra,' ,
Deputy Cl~rk":'.:<.: >.
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