Sec. 2-988. - Composition of membership.
Sec. 2-989. - Resolution of appointment.
Sec. 2-990. - Responsibilities and duties.
Sec. 2-992. - Officers; quorum; rules of procedure.
Secs. 2-994—2-1005. - Reserved.
This division is adopted pursuant to the authority and requirements of F.S. § 125.0104 for the purpose of establishing the county tourist development council. It is the intention of the Board of County Commissioners to consider the enactment of an ordinance levying and imposing the tourist development tax.
(Ord. No. 92-18, § 1)
There is hereby established the Collier County Tourist Development Council which shall be composed of nine members who shall be appointed by the Collier County Board of County Commissioners.
(Ord. No. 92-18, § 2; Ord. No. 98-96, § 1; Ord. No. 04-57, § 1)
Sec. 2-988. - Composition of membership.
The membership of the Collier County Tourist Development Council shall be composed as follows:
(1)
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.
(2)
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 sub-county special taxing district in which the tax is to be levied. The City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event that other municipalities are legally created in the county, then those municipalities shall be included in the rotation process for the second municipal seat.
(3)
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 F.S. § 125.0104.
(4)
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.
(5)
Reserved.
All members of the county's 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 years. The terms of office of the original members shall be prescribed in the resolution appointing the original members.
(Ord. No. 92-18, § 3; Ord. No. 98-96, § 1; Ord. No. 00-44, § 1; Ord. No. 04-57, § 2)
Sec. 2-989. - Resolution of appointment.
The members of the county tourist development council shall be designated and approved pursuant to a resolution adopted by the Board of County Commissioners. The resolution shall set forth the names of the members of the tourist development council and the term of each member. In addition, the Board of County Commissioners shall designate the chairman of the council in said resolution or shall provide the authority for the council to elect a chairman from its membership.
(Ord. No. 92-18, § 4)
Sec. 2-990. - Responsibilities and duties.
(a)
It shall be the duty and responsibility solely of the Board of County Commissioners as the taxing authority of the county to consider and determine if an ordinance shall be enacted levying and imposing a tourist development tax subject to referendum election. Prior to enactment of an ordinance levying and imposing a tourist development tax, the tourist development council shall prepare and submit to the Board of County Commissioners for its approval a plan for the use of tourist development tax revenues. It shall be the administrative duty of the tourist development council as an advisory council to advise the Board of County Commissioners regarding the elements of a plan and recommend to the Board of County Commissioners a plan for the uses of tourist development tax revenues, which plan the Board of County Commissioners shall thereafter consider, modify, and/or adopt for submittal to the voters by referendum. The plan shall set forth the anticipated net tourist development tax revenue to be derived by the county for the 24 months following the levy of the tax; the tax district in which the tourist development tax is proposed; and a list, in the order of priority, of the proposed uses of the tax revenue by specific project or special use as the same are authorized under F.S. § 125.0104(5). The plan shall include the approximate cost or expense allocation for each specific project or special use. The plan shall be submitted on or before July 1, 1992, by the tourist development council to the Board of County Commissioners for its modification or approval.
(b)
In the event the tourist development council as an advisory body is unable to fulfill its responsibility and duty to prepare and submit in a timely fashion a tourist development tax plan which includes all statutorily required elements, the Board of County Commissioners may at its option dissolve the existing tourist development council and reappoint a new tourist development council by resolution. Additionally, the Board of County Commissioners may, at its option, pursue any and all legal remedies available to ensure performance by the tourist development council of its duties and responsibilities.
(c)
Upon adoption of an ordinance levying and imposing a tourist development tax, the tourist development council shall make recommendations to the Board of County Commissioners for the effective operation of the special projects or for uses of the tourist development tax revenue. The tourist development council shall continuously review expenditures of revenues from the tourist development trust fund and shall receive, at least quarterly, expenditure reports from the Board of County Commissioners or its designee. Expenditures which the council believes to be unauthorized shall be reported to the Board of County Commissioners and the department of revenue for review pursuant to F.S. § 125.0104(4)(e).
(Ord. No. 92-18, § 5)
The county tourist development council shall meet from time to time as determined necessary by the council in order to meet the time deadlines and response requirements established by the Board of County Commissioners herein; provided, however, that the tourist development council shall meet at least once each quarter.
(Ord. No. 92-18, § 6)
Sec. 2-992. - Officers; quorum; rules of procedure.
(a)
The chairman of the tourist development council shall be designated by the Board of County Commissioners or, if authorized by the Board of County Commissioners, the membership of the committee shall elect a chairman from among the members. Further, the membership of the tourist development council shall elect a vice-chairman from among the membership. The chairman and vice-chairman shall be appointed or elected, as applicable, annually and may be reelected or reappointed.
(b)
The presence of five or more members shall constitute a quorum of the tourist development council necessary to take action and transact business.
(c)
The council shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all tourist development council minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners.
(Ord. No. 92-18, § 7)
Members of the tourist development council shall serve without compensation, but may be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners.
(Ord. No. 92-18, § 9)
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