Okaloosa County BOCC — July 15, 2014 — reading text

21, ARTICLE III OF THE OKALOOSA COUNTY CODE OF ORDINANCES, AUTHORIZING THE USE OF GOLF CARTS WITHIN THE LAKE LORRAINE SUBDIVISION; MAKING FINDINGS; ESTABLISHING CERTAIN RESTRICTIONS FOR THE USE OF GOLF CARTS WITHIN THE LAKE LORRAINE SUBDIVISION; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. RECITALS: WHEREAS, section 316.212, Florida Statutes, authorizes counties to designate certain county roads for lawful operation of golf carts if the County first determines that golf carts may travel on or cross such county roads upon considering the speed, volume and character of the motor vehicle using those county roads; and WHEREAS, the Board of County Commissioners (the “Board”) has determined, after considering factors including speed, volume, and the character of motor vehicle traffic within the Lake Lorraine subdivision that golf carts may safely travel on or cross certain public roads and streets within the Lake Lorraine subdivision subject to the restrictions contained herein; and WHEREAS, section 316.212, Florida Statutes, provides that appropriate signs shall be posted to indicate that golf cart operation is allowed; and WHEREAS, the operation of golf carts upon county roads by persons not holding a valid driver’s license constitutes a threat to the health, safety and welfare of the public; and WHEREAS, the Board believes that regulations proposed in this Ordinance promote and enhance the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: 1 Packet Pg. 38 SECTION 1. FINDINGS OF FACT. The above recitals are incorporated by reference into this Ordinance and such recitals are adopted as Findings of Fact. SECTION 2. CREATION OF SECTION 21-61 OF THE OKALOOSA COUNTY CODE OF ORDINANCES. The Board hereby creates a new section 21-61 of the Okaloosa County Code of Ordinances, to read as follows: Sec. 21-61. Use of golf carts within the Lake Lorraine subdivision, Meigs Drive and Dogwood Drive areas of unincorporated Shalimar. Golf carts may travel on county-maintained roads within the Lake Lorraine subdivision (East of 12th Avenue/12th Street and 4th Avenue) and Meigs Drive and Dogwood Drive areas in unincorporated Shalimar and with the following restrictions: (1) A golf cart is defined as a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. (2) A golf cart may be operated on county-maintained roads only between the hours of sunrise and sunset. (3) A golf cart may only be operated upon a residential roadway with a posted speed limit of 25 mph or less that is clearly posted for use by golf carts. (4) A golf cart may not be operated upon 12th Avenue, 12th Street, 4th Avenue, 8th Street, 3rd Street, 2nd Street, or Old Ferry Road north of Meigs Drive and signs shall be posted to notify drivers of this restriction. (5) The number of passengers shall be restricted to the number of seats on the golf cart. All passengers shall remain seated during operation of the golf cart. No person shall ride on the exterior of the golf cart. (6) Golf carts must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflector warning devices both front and rear. (7) Golf cart operators must have a valid driver’s license and obey all traffic regulations applicable to motor vehicles. Golf carts may not be operated on county roads by persons under the age of 16. 2 Packet Pg. 39  (8) No person shall drive any golf cart upon any area not designated for motor vehicle use or not specifically designated for golf cart use. (9) Before golf carts may be operated under this section, the owners thereof must purchase and maintain liability insurance insuring against personal injury and damage to property of any nature relative to the operation of golf carts on the designated public roads and streets. Minimum required insurance will be the same as for motor vehicles registered in the State of Florida. Proof of such insurance must be possessed at all times while operating a golf cart on the designated roads. SECTION 3. 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. SECTION 4. 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 5. 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: ____________________________ ___________________________________ Don Howard, Clerk of Court Charles K. Windes, Jr. Chairman APPROVED AS TO FORM: ____________________________ Gregory Stewart County Attorney 3 Packet Pg. 40  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Ordinance14-__ Amending the Tourist Development Plan DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Public Hearing for the adoption of Ordinance 14-__ amending the tourist development plan. BACKGROUND: Pursuant to F.S. 125.0104(4)(c), the County has previously approved and adopted a tourist development ordinance setting forth the plan for tourist development. In order to substantially amend the plan of tourist development, F.S. 125.0104(4)(d) requires an ordinance enacted by an affirmative vote of a majority plus one additional member of the Board. The primary purpose of this amendment is to update the plan to identify funding for aquariums and museums as an appropriate use of tourist development tax revenues, and to update revenue projections under each percentage point. The TDC recommended approval of this amendment to the tourist development plan ordinance at its meeting on June 26. The public hearing was duly noticed in the Northwest Florida Daily News on July 5. OPTIONS: Approve or Disapprove RECOMMENDATION: Adopt Ordinance 14-__ amending the tourist development plan. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 41  ORDINANCE NO. 14-__ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, AMENDING CHAPTER 20, ARTICLE II OF THE OKALOOSA COUNTY CODE OF ORDINANCES AND ORDINANCE 89-23 AS SUBSEQUENTLY AMENDED, RELATING TO THE TOURIST DEVELOPMENT PLAN AND USE OF TOURIST DEVELOPMENT TAX REVENUE; MAKING FINDINGS; AMENDING THE COUNTY’S TOURIST DEVELOPMENT PLAN TO PROVIDE FOR THE FUNDING OF AQUARIUMS AND MUSEUMS WITHIN THE SUB-COUNTY TAXING DISTRICT; MODIFYING THE AUTHORIZED USES OF TOURIST DEVELOPMENT TAX REVENUES ACCORDINGLY; UPDATING REVENUE PROJECTIONS AND ALLOCATIONS; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, pursuant to section 125.0104, Florida Statutes, known as the “Local Option Tourist Development Act”, the Board of County Commissioners (“Board”) adopted Ordinance 89-23 (the “Tourist Development Ordinance”) in 1989 which authorized the collection of two cents of tourism development tax per dollar exchanged on certain short term lodging rental transactions within an described sub-county tourism development district, authorized a referendum for approval of imposition of the tax, created the County’s initial Tourist Development Plan (the “Plan”), and established the Okaloosa Tourist Development Council (the “Council”); and WHEREAS, the Tourist Development Ordinance, as subsequently amended, is codified in Chapter 20, Article II of the Okaloosa County Code of Ordinances; and WHEREAS, the Board desires to expand the goals and objectives contained in the existing Plan to provide for the funding of aquariums and museums within the sub-county taxing district and to update the projected tourist development tax revenues; and WHEREAS, the Council has submitted to the Board a recommended amendment to the Tourist Development Ordinance and the Plan contained therein; and 1 Packet Pg. 42  WHEREAS, in order to effectuate these changes the Board hereby finds that it is necessary to amend Ordinance 89-23, as subsequently amended, and Chapter 20, Article II of the Okaloosa County Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: SECTION 1. Ordinance 89-23, as subsequently amended, and Chapter 20, Article II of the Okaloosa County Code of Ordinances is hereby amended as follows: (stricken words indicate deletions, underlined words indicate additions) Sec. 20-71. Tax levied; collection; remittance. (a) There is hereby levied and imposed a tourist development tax in the hereinafter described sub-district of Okaloosa County, Florida, at the rate of five percent of each whole and major fraction of each dollar of the total rental charged every person who rents, leases or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, rooming house, mobile home park, recreational vehicle park, condominium, condominium hotel or campground for a term of six months or less (the “dealer”). When receipt of consideration is by way of property other than money, the tax shall be levied and imposed on the fair market value of the non-monetary consideration. (b) The tourist development tax shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes, fees, and the considerations for the rental or lease. (c) The tourist development tax shall be charged by the person receiving the