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06/14/2022 (3)
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06/14/2022 (3)
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8/25/2022 12:58:42 PM
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8/25/2022 12:36:32 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/14/2022
Meeting Body
Board of County Commissioners
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the TDC, established authorized uses for the tax, and called for referendum approval of the <br />collection of tourist tax in two subcounty taxing districts, with one subcounty taxing district <br />encompassing the City of Vero Beach (District 1), and the other encompassing the <br />remainder of the County (District 2). <br />3. The statutorily -required County plan that was approved via a referendum of voters of Vero <br />Beach demonstrates that voters approved District 1's (Vero Beach) priorities of beach <br />cleaning, dune restoration, revegetation, and maintenance, Chamber of Commerce Tourist <br />Information, and Beach Park Maintenance, which would be granted $276,900.00. Thus, <br />the County plan adopted by enabling ordinance and approved by the voters of Vero Beach <br />specifically provided for beach park maintenance within the Vero Beach tax district. The <br />approval by voters was also explicit that the tax was to be levied consistent with § <br />125.0104, stating that "In all matters the Indian River County Tourist Development <br />Council shall be governed by compliance with Section 125.0104, Florida Statutes, 1985, <br />as amended by Chapter 86-4, Laws of Florida, and as may be hereafter amended." IRC <br />Ordinance No. 87-11. <br />4. Since that time, the Florida Legislature -has amended § 125.0104 to expand the authorized <br />uses of funds generated by the tourist tax. In 2016, the Legislature broadened the <br />authorized additional uses for the tax for certain coastal communities, explicitly allowing <br />a county or municipality in some circumstances to use the tax to reimburse expenses <br />incurred in providing public safety services and law enforcement services, which are <br />needed to address impacts related to increased tourism and visitors to an area. § <br />125.0104(5)(c). Then in 2018, the Act was amended to authorize a county to use tourist <br />tax revenues to develop and operate public facilities within the boundaries of the county or <br />subcounty special taxing district in which the tax is levied, where the public facilities are <br />needed and are recommended by the tourist development council. See Chapter 2018-118, <br />L.O.F. (CS/HB 7087). <br />The County also passed several ordinances since the referendum, purporting to amend the <br />implementation of the tourist tax. Currently the tourist tax is divided into three funds — <br />Fund 119, Tourist Development Fund (controlled by TDC); Fund 128 — Beach Restoration, <br />and Fund 308 — Jackie Robinson Training Complex (Dodgertown Capital Reserve). <br />Despite amending the ordinance to add additional tax, the County has not expanded the <br />authorized uses of the tax in accordance with § 125.0104. <br />6. The tourist tax revenue continues to grow each year. Both districts — Vero Beach and the <br />remainder of the County — have enjoyed a 39.6% increase, year to date, in collection of the <br />tourist tax. The County reports that revenue from the tax are above budgeted projections <br />by 40.5% for the month of April `22 and above budgeted projections by $991,427, or <br />61.1%, for the year. The County now enjoys a "Reserve for Contingency" and "Cash <br />Forward" fund of $1,898,971.00. It bears repeating that roughly half of the tourist tax is <br />generated and collected within the special subcounty tax district of Vero Beach. <br />1 According to the Bureau of Labor Statistics, $276,900.00 in November 1987 has the same buying power as <br />$693.711.00 in April 2022. <br />2 <br />140 <br />
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