§ 23-199. Monroe County Tourist Development Council.

(a)

Pursuant to F.S. § 125.0104(4), the governing board of the county appointed an advisory council known as the Monroe County Tourist Development Council (tourist development council) by Resolution No. 198-1981, on June 16, 1981.

(b)

The membership of the tourist development council shall be in accordance with the following provisions:

(1)

The Monroe County Tourist Development Council, following the expiration of terms of its members heretofore established and appointed, shall be composed of nine members. Eight members of the board shall be appointed by the governing board of Monroe County based on a percentage of the funds collected throughout the five tax collection districts, as set forth in subsection (g) of this section. Each tax collection district shall have no less than one representative on the council. The ninth member of the council shall be the chairman of the governing board of Monroe County or any other member of the governing board as designated by the chairman. 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. 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 or subject to the tax. Each of the six members of the council who are involved in the tourist industry shall represent a tax collection district in which is located the business or businesses that qualify the individual as a lodging or tourist-related industry representative. All members of the council shall be electors of the county. The governing board of the county shall allow the council to elect a chairman. The chairman shall be elected annually and may be reelected.

(2)

The members of the council shall serve for staggered terms of four years. 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.

(3)

All district vacancies occurring on the tourist development council shall be filled by a person who is also qualified under the terms of F.S. § 125.0104(4)(e). In addition to the vacancies described in subsection (b)(4) of this section, a seat shall also be considered vacant when a member is no longer an owner, operator, partner, employee or director of a lodging or tourist-related business in that district.

(4)

Any member of the tourist development council who absents himself from any three consecutive regular meetings of said tourist development council, unless excused from such attendance by consent of the council, expressed by action of record in its official minutes, or who is absent from a total of four regular meetings of said council in any fiscal year without having been excused from such attendance by consent of the council expressed by action of record in its official minutes, shall thereby automatically forfeit his position and office as a member of the tourist development council; and the name of such person shall be automatically removed from the membership of said council immediately after the adjournment of any such third consecutive meeting or any such fourth meeting in any fiscal year, as the case may be, at which such member has not appeared. The council shall thereupon promptly notify the member so removed, and the governing board of Monroe County shall thereupon appoint a new member to serve the remainder of the unexpired term of the member so removed.

(c)

The tourist development council shall review expenditures and submit an annual report in accordance with the following provisions:

(1)

The council shall continuously review expenditures of revenues from the tourist development trust fund and shall submit, at least quarterly, expenditure reports to the county governing board or its designee. Expenditures that the council believes to be unauthorized shall be reported to the board of county commissioners and the department of revenue. The board of county commissioners and the department shall review the findings of the council and take appropriate administrative or judicial action to ensure compliance with this section.

(2)

An annual report shall be prepared by the tourist development council and submitted to the board of county commissioners and general public and media within 120 days from the close of the fiscal year. The report shall include the following:

a.

A report of all revenue by category separation;

b.

A report of all expenditures by category separation;

c.

Reservations and carry-overs by category required by law;

d.

Reservations and carry-overs by category accumulated for specifically approved projects;

e.

A comparison of current report year with immediate past fiscal year;

f.

A listing of all events or projects funded by district; and

g.

The ratio of administrative expenses to overall expenditures.

(d)

There is hereby created an executive office for the tourist development council. The governing board of the county shall employ by contract, or establish a county department and employ, an executive director and such other personnel as may be required to operate the executive office. Any contract for employment entered into by and between the executive director or other personnel authorized by this article shall provide that such director and personnel will be responsible and answerable directly to the tourist development council and indirectly to the board of county commissioners. If contracted, such persons shall serve at the pleasure of and be subject to removal by the board of county commissioners. The tourist development council may make recommendations concerning the contracts. The executive director shall carry out the policies and programs established by the council and shall be in charge of the day-to-day operations of those policies and programs. The executive director and the staff of the executive office of the tourist development council shall be compensated, and the costs and expense of the operation of the executive office shall be paid from the proceeds of the tourist development tax prior to any other use or distribution thereof. In the furtherance of the provision of this section, the amount to be expended shall not exceed seven percent of the annual two-cent budget and three percent of the annual third-cent budget.

(e)

For the purpose of rendering the services through the executive office created by subsection (d) of this section, such executive director, as is provided for therein, shall be either an individual or a corporation, that shall furnish the services required by the tourist development council for the executive office thereof. Any such contract entered into for the executive director to operate such executive office shall be executed by the board of county commissioners. The tourist development council shall make recommendations concerning contracts and/or employment for the executive director and personnel but shall have no final authority to require implementation of its recommendation.

(f)

Advisory committees shall be created to make recommendations to the tourist development council.

(1)

No more than one district advisory committee shall be created for any district as defined in subsection (g) of this section.

(2)

The advisory committees shall be comprised of nine members, whose qualifications shall be three from the lodging industry, three from tourist-related businesses, and three from the general public. Each of the six members from the lodging industry or tourist-related businesses must have their primary place of business in that tax collection district. A seat of one of these members will be consider vacant when the member no longer has his primary place of business in that tax collection district. The members of the advisory committee from the general public will be individuals who either live or work within the tax collection district. A seat of one of these members will be considered vacant when the member neither resides nor has his primary place of business in that tax collection district.

(3)

There shall be a three-person nominating committee for each district for the purposes of making recommendations for appointments to the lodging and tourist-related seats on the advisory committee of the district. The term of office for each nominating committee member shall be three years. The nominating committee for each district shall be comprised of:

a.

One person appointed by the hotel/motel association in that district, or, in the absence of a hotel/motel association, a tourism association;

b.

One person appointed by the tourist development council; and

c.

One person appointed by the chamber of commerce for the district.

(4)

Appointments to the district advisory board shall be made through the following process:

a.

Any vacancy on a district advisory committee shall be advertised by the tourist development council administrative office in at least one newspaper of general circulation in the district with a request for applications to fill the position, and a deadline for submission of applications.

b.

Application forms shall be made available by the administrative office of the tourist development council and district chambers of commerce.

c.

Applications shall be submitted to the administrative office that shall record the submission and forward the applications to the nominating committee for the district served by the district advisory committee for which applications are received.

d.

Each district nominating committee shall nominate two or more names in order of preference to the tourist development council for appointments to each vacant lodging or tourist-related position from the applications received through this process, and submit to the administrative office the nominations and a list of all candidates considered.

e.

All applications received for positions representing the general public shall be forwarded to the board of county commissioners.

(5)

The tourist development council shall appoint the district advisory members representing lodging and tourist-related businesses for three-year terms from the recommendations submitted by the nominating committees or return the recommendations as rejected and request a new set of recommendations. The board of county commissioners shall appoint the members representing the general public for three-year terms.

(6)

The district advisory committees shall be bound by the same policies and procedures as apply to the tourist development council.

(7)

District advisory committee members filling terms that expire subsequent to the effective date of the ordinance from which this section is derived shall fulfill their terms. No member of a district advisory committee, prior to the effective date of the ordinance from which this section is derived, may be removed because he does not meet this subsection's requirement. All future appointments must be made to bring each committee into conformance with the composition requirements.

(g)

The geographical boundaries of the tax collection districts referred to in subsection (b)(1) of this section and elsewhere throughout this article shall be as follows:

(1)

District I shall encompass the city limits of Key West;

(2)

District II shall be from the city limits of Key West to the west end of the Seven Mile Bridge;

(3)

District III shall be from the west end of the Seven Mile Bridge to the Long Key Bridge;

(4)

District IV shall be between the Long Key Bridge and Mile Marker 90.939; and

(5)

District V shall be from Mile Marker 90.940 to the Dade/Monroe County line and any mainland portions of Monroe County.

(Code 1979, § 2-299; Ord. No. 15-1988, § 1; Ord. No. 3-1990, § 1; Ord. No. 45-1995, § 1; Ord. No. 50-1996, § 1; Ord. No. 38-1999, §§ 1—4; Ord. No. 052-2000, § 1; Ord. No. 019-2006, § 1; Ord. No. 009-2010, § 1 ; Ord. No. 006-2008, §§ 1—4 )