Okaloosa County BOCC — April 27, 2013 — reading text

Development Tax (5%); and approved a Tourist Development Plan pursuant to the mission set forth in A.400. The TDC is responsible for advising the Okaloosa Board of County Commissioners (the “BCC”) on the implementation of the Tourist Development Plan in accordance with State and County Procedures and within budgetary limitations imposed by the Tourist Development Tax Revenues. In order to establish the procedures by which the Council will carry out its business and the Tourist Development Plan will be implemented, the BCC has approved this TDC Bylaws and TDD Operations and Procedures Manual as the guiding instrument. A.200 LOCATION OF OFFICE The TDC has established its business offices at 1540 Miracle Strip Parkway SE, Fort Walton Beach, FL 32548. All official business correspondence with the TDC or any of its members shall be directed to the Okaloosa County Tourist Development Council, P.O. Box 609, Fort Walton Beach, FL 32549- 0609. A.300 LEGAL AUTHORITY Legal authority for the TDC is found under Section 125.0104, Florida Statutes, known as "The Local Option Tourist Development Act"; Okaloosa County Ordinance 89-23 as subsequently amended and Resolution No. 89-40, establishing the TDC and stating the intent to levy a Tourist Development Tax. As an appointed Advisory Board, the TDC is bound by State and County Laws, ordinances, and procedures governing the TDC members and their activities, and procedures for reviewing expenditures of tourist development tax revenues. 4 Packet Pg. 568  8.5.c.b A.400 MISSION Attachment: O&P Manual with Appendix Forms (3-19) (1505 : Revisions to the Tourist Development Operations & Procedures Manual) 1) The TDC’s primary responsibility is to advise and make recommendations to the BCC on matters related to tourism sales, marketing, and advertising in order to help increase overall visitation and lodging facility occupancy. The TDC shall advise and make recommendations to the BCC for the effective operation of the special projects or for uses of the Tourist Development Tax revenue. The TDC shall continuously review expenditures of revenues from the Tourist Development Trust Fund and shall receive expenditure reports, at least quarterly, from the Tourist Development Department Director (the “Director”). 2) The TDC shall also make annual recommendations on the promotion and operation of the Emerald Coast Convention Center, the Visitors Welcome Center, the funding of beach cleaning, beach restoration and improvements, a certified mandated State of Florida turtle watch program, water testing throughout Choctawhatchee Bay and the Gulf of Mexico, the Emerald Coast Film Commission, public beach access, County parks and beaches within the sub-county taxing district, funding improvements and maintenance of other tourist destination facilities within the sub-district, funding the artificial reef program, and overseeing the Okaloosa County Environmental Council. A.500 TDC COMPOSITION/VACANCIES 1) Composition. The composition of the TDC shall be as set forth in Section 125.0104, Florida Statutes, and Resolution 89-40 dated April 18, 1989, as amended. The TDC shall be composed of nine (9) members, seven (7) of whom shall be appointed by the BCC, including the Chair of the BCC, or any other member of the BCC as designated by the Chair. Two (2) members of the TDC shall be elected municipal officials, at least one of whom shall be from the most populous municipality in the County or sub-district. These two (2) members shall be appointed by their respective governing bodies. Six (6) members of the TDC 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 (3) nor more than four (4) shall be owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the County and subject to the tax. All members of the TDC shall be electors of Okaloosa County. 2) Terms. All TDC members shall serve for staggered terms of four (4) years, with the exception of the members of the municipalities and the BCC who serve as appointed by their respective governing bodies. Their terms are subject to re-appointment or term expiration, whichever comes first. No TDC member shall serve more than one (1) term which shall be no more than four 5 Packet Pg. 569  8.5.c.b (4) consecutive years. The TDC member terms shall begin on October 1st of Attachment: O&P Manual with Appendix Forms (3-19) (1505 : Revisions to the Tourist Development Operations & Procedures Manual) the year of appointment and terminate on September 30th of the fiscal year their term expires. The BCC shall have the option of designating the TDC Chairman or allowing the TDC to elect a Chairman. Terms for the Chairman and Vice-Chairman of the TDC shall be for one (1) fiscal year. They may be re-appointed by a majority vote of the TDC members but cannot serve more than two (2) fiscal year terms. 3) Orientation. All newly appointed TDC members shall participate in an orientation process, which shall include, but is not limited to, an overview of Sunshine Law, Public Records, Ethics and relevant statutes, ordinances and TDD operating policies. From time-to-time, the TDC shall participate in a refresher briefing on the topics included in the orientation. 4) Vacancies. Should any seat on the TDC become vacant, a replacement to serve the remainder of that term shall be appointed in the same manner as the appointment of the person whose absence created the vacancy. If the appointment to fill the vacant position is for greater than two years, then such shall be deemed as a full term. 5) Removal/Resignation. Any member shall be subject to removal from the TDC if they miss three (3) TDC meetings per fiscal year or upon a majority vote of the BCC. Special consideration/leniency will be given for any absences due to Acts of God, personal illness/medical, and/or family emergencies. If one of the elected municipal or county officials on the TDC is removed for this reason, the applicable governing entity shall be required to appoint another elected representative as their replacement. In the event a TDC member no longer conforms to the criteria listed in Section A.500(1) above, to hold the seat to which they were appointed, said TDC member shall forward a letter to the TDC and the BCC stating these facts and shall additionally tender a letter of resignation along with this submittal. A.600 STAFF 1) Tourist Development Department Director. The Director will administer and coordinate the operations of the TDC. The Director will be an employee of Okaloosa County; serve as Director of the Tourist Development Department; oversee the Emerald Coast Convention Center, Emerald Coast Film Commission, the Visitor Welcome Centers; and all divisions under the Tourist Development Department. The Director shall report to the County Administrator. The Director will supervise all Tourist Development Department staff and shall be responsible for and make recommendations to the TDC and County Administrator concerning the operation of the TDC. The Chairman of the TDC may be a part of the Director’s annual performance 6 Packet Pg. 570  8.5.c.b process and may provide comments and recommendations to the County Attachment: O&P Manual with Appendix Forms (3-19) (1505 : Revisions to the Tourist Development Operations & Procedures Manual) Administrator. 2) Tourist Development Department Staff. All Tourist Development Department staff shall be employees of the County, with all benefits provided by the BCC paid from the Tourist Development Trust Funds, and shall report to and be supervised by the Director. As such, said personnel will receive all standard County employee benefits paid through the Tourist Development Trust Funds, and be subject to all County employee regulations, in addition to those provided in this Manual. A.700 AMENDMENT OF THE TDC BYLAWS AND TDD OPERATIONS AND PROCEDURES MANUAL The TDC Bylaws and TDD Operations and Procedures Manual may be amended from time to time by the BCC. The TDC may provide suggestions to the BCC as to proposed modifications. B.000 TDC MEETINGS B.100 REGULAR TDC MEETINGS The TDC shall meet at least once each quarter. To the extent that more meetings are necessary, they may be called by the Director. B.200 LOCATION AND NOTICE TDC meetings will be held at the Emerald Coast Convention Center or as otherwise designated by the Director. All meetings shall be duly noticed within the sub-county taxing district and open to the public. Notice will also be placed on the Okaloosa County website on the Commissioners monthly meeting calendar. Individuals wishing to receive e-mail notifications of upcoming meetings may contact the Tourist Development Department office. B.300 AGENDA An agenda will be prepared for each TDC meeting by the Director. TDC members wishing to place an item on an upcoming agenda must submit their request to the Director at least one (1) week prior to a regularly scheduled meeting. Department staff shall provide background information on each agenda item as appropriate, and such information shall be available to TDC members at least two (2) business days prior to a scheduled meeting. 7 Packet Pg. 571  8.5.c.b B.400 RULES OF PROCEDURE