Okaloosa County BOCC — July 15, 2014 — Tourist Development Plan — reading text

Statutes. (3) For the revenues generated by the third percentage point on each dollar, for each year beginning with fiscal year 2013-2014 2014-2015, the allocation shall be as follows: a. To provide and improve Visitor Welcome or Information Centers; to provide for the operations and maintenance of the Convention Center, the Visitor Welcome or Information Centers, and other tourist destination facilities, including aquariums and museums within the sub-district; and to provide for the promotion of the use of the convention center and other tourist destination facilities. (24-month projected revenue total, net of administrative charges, is $4,656,000.00 $5,360,000) b. To the extent that such proceeds are not required for those uses set forth under section 20-72(d)(3)a. above, then the board may direct that such proceeds may be used for any other purposes authorized under Section 125.0104(5), Florida Statutes. (4) For the revenues generated by the fourth percentage point on each dollar for each year beginning with fiscal year 2013-2014 2014-2015, the allocation shall be as follows: a. For the payment of debt service on bonds issued to finance the construction, reconstruction or renovation of a convention center and to pay the planning and design costs incurred prior to the issuance of such bonds. The board determines that the extension of the fourth percentage point is necessary to provide funds to operate, maintain, repair or renew the convention center. Therefore, following the expiration of bonds issued to fund the construction of the convention center, the proceeds of the fourth percentage point shall be used for any future expansion, renovation or reconstruction of the convention 10  center, including the construction, expansion, renovation or reconstruction of outdoor venues for the convention center. (24-month projected revenue total, net of administrative charges, is $4,656,000.00 $5,360,000) b. To the extent that such proceeds are not required for those uses set forth under section 20-72(d)(4)a. above, then the board may direct that such proceeds may be used for any other purpose authorized by Section 125.0104(3) (l) 2, 3, or 4, Florida Statutes. (5) The fifth percentage point shall remain in effect until further action by the board. For the revenues generated by the fifth percentage point on each dollar, for each year beginning with fiscal year 2013-2014 2014-2015, the allocation shall be as follows: a. Tourism promotion. (24-month projected revenue total, net of administrative charges, is $4,656,000.00 $5,360,000) Sec. 20-73. Tourist development council. (a) Established. There is hereby established, pursuant to the provisions of Section 125.0104, Florida Statutes, an advisory council to be known as the "Okaloosa County Tourist Development Council" (the "council"). The members of the council shall elect from among their members a member to serve as chairman of the council and prescribe the term of office. (b) Duties and responsibilities. The council hereby established shall make recommendations to the board for the effective operation of the uses of the tourist development tax revenue raised by the tax hereby levied and may perform such other duties or functions as hereinafter may be prescribed by ordinance or resolution. (c) Review of revenue expenditures. The council and the director shall continuously review all expenditures of revenue raised by the tax hereby levied and shall report to the board all expenditures of said revenue believed to be unauthorized by the provisions of this article. The board, upon receiving notification of expenditures believed to be unauthorized by the council, shall review the council's findings and take such administrative or judicial action as it sees fit to ensure compliance with this article and the provisions of Section 125.0104, Florida Statutes. Sec. 20-74. Failure to charge or collect tax. 11 Any person who is taxable hereunder who fails or refuses to charge and collect from the person paying any rental or lease the taxes herein provided, either by himself or through his agents or employees, shall be, in addition to being personally liable for the payment of the tax, guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082, Section 775.083 or Section 775.084, Florida Statutes. Sec. 20-75. Representation that tenant or lessee need not pay tax. No person shall advertise or hold out to the public in any manner, directly or indirectly, that he will absorb all or any part of the tax, or that he will relieve the person paying the rental of the payment of all or any part of the tax, or that the tax will not be added to the rental or lease consideration, or when added, that it or any part thereof will be refunded or refused, either directly or indirectly, by any method whatsoever. Any person who willfully violates any provisions of this subsection shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082, Section 775.083 or Section 775.084, Florida Statutes. Sec. 20-76. Tax deemed lien. The tax hereby levied shall constitute a lien on the property of the lessee, customer or tenant in the same manner as, and shall be collectible as are, liens authorized and imposed in Sections 713.67, 713.68 and 713.69, Florida Statutes. Sec. 20-77. Representation of county tourism. No business entity, other than a county tourism promotion agency, within the boundaries of Okaloosa County, Florida, shall use names as specified in Section 125.0104(9)(e), Florida Statutes, including "visitor information centers" when representing itself to the public as an entity representing tourism interest of the county. Being a county levying the tourist development tax as aforesaid, in addition to any other powers and duties provided for agencies created for the purpose of tourism promotion by Okaloosa County, such agencies are authorized and empowered to represent themselves to the public as convention and visitors bureaus, visitors bureaus, tourist development councils, vacation bureaus, county tourism promotion agencies, or visitor information centers. SECTION 2. CODIFICATION IN THE CODE OF ORDINANCES. It is the intention of the Board, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Okaloosa County Code of Ordinances, and that the sections of this Ordinance may be renumbered to accomplish such intent. 12 SECTION 3. SEVERABILITY. Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective as provided by law. PASSED AND ADOPTED in Regular Session this _____ day of ___________, 2014. BOARD OF COUNTY COMMSSIONERS OF OKALOOSA COUNTY, FLORIDA ATTEST: ____________________________ ___________________________________ Clerk of Court Charles K. Windes, Jr. Chairman APPROVED AS TO FORM: ____________________________ Gregory Stewart County Attorney 13 EXHIBIT A 14