Okaloosa County BOCC — June 23, 2016 — Agenda Packet — reading text

as set forth above. The allocation shall begin Fiscal Year 2014-2015 2016-2017 and shall continue for subsequent fiscal years until amended by the board. (1) For the revenues generated by the first percentage point on each dollar, for each year beginning with fiscal year 2014-2015 2016-2017, the allocation shall be as follows: a. To provide and improve beach park facilities or beach improvements including access; to provide maintenance, renourishment, restoration and erosion control, including shoreline protection, enhancement, access, cleanup or restoration of beaches, other waterways; and to provide and improve tourist destination facilities, including multi-use recreational pathways, within the sub-district for which there is public access, including the beaches located within the city limits of the City of Destin. (24-month projected revenue total, net of administrative charges, is $5,360,000 $7,604,800) 9 Packet Pg. 27  1.c.a b. To the extent that such proceeds are not required for those uses set forth under section 20-72(d)(1)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. (2) For the revenues generated by the second percentage point on each dollar, for each year beginning with fiscal year 2014-2015 2016-2017, the allocations shall be as follows: Attachment: I. c. TDT Ordinance (5770 : TDT Ordinance (Charlotte Dunworth)) a. Tourism services, including visitor services, brochure distribution, communication and research; tourist bureau administration; and lifeguard and public safety services and protection. (24-month projected revenue total, net of administrative charges, is $5,360,000 $7,604,800) b. To the extent that such proceeds are not required for those uses set forth under section 20-72(d)(2)a. and b. above, then the board may direct that such proceeds may be used for any other purposes authorized under Section 125.0104(5), Florida Statutes. (3) For the revenues generated by the third 2014-2015 2016-2017, 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 $5,360,000 $7,604,800) 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 2014-2015 2016-2017, the allocation shall be as follows: 10 Packet Pg. 28  1.c.a 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 Attachment: I. c. TDT Ordinance (5770 : TDT Ordinance (Charlotte Dunworth)) 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 $5,360,000 $7,604,800) 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 2014-2015 2016-2017, the allocation shall be as follows: a. Tourism promotion. (24-month projected revenue total, net of administrative charges, is $5,360,000 $7,604,800) 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. (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. 11 Packet Pg. 29  1.c.a (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. Attachment: I. c. TDT Ordinance (5770 : TDT Ordinance (Charlotte Dunworth)) 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. 12 Packet Pg. 30  1.c.a 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. Attachment: I. c. TDT Ordinance (5770 : TDT Ordinance (Charlotte Dunworth)) 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 ___________, 2016. BOARD OF COUNTY COMMSSIONERS OF OKALOOSA COUNTY, FLORIDA ATTEST: ____________________________ ___________________________________ J.D. Peacock II, Clerk Charles K. Windes, Jr., Chairman 13 Packet Pg. 31  14 EXHIBIT A