Chapter 70 - DUVAL COUNTY TOURIST DEVELOPMENT COUNCIL

Sec. 62.107. - Board records. Chapter 73 - ENVIRONMENTAL PROTECTION BOARD Chapter 70 - DUVAL COUNTY TOURIST DEVELOPMENT COUNCIL[1]

Footnotes: --- (1) ---

Cross reference— Duval County tourist plan, Ch. 666.

State Law reference— Tourist development tax, F.S. § 125.0104.

Sec. 70.101. - Tourist Development Council created.

There is hereby created the Duval County Tourist Development Council (hereinafter known as the Tourist Council). In establishing the Tourist Council, the City is exercising its authority as a county pursuant to F.S. § 125.0104 to levy the tourist development tax therein authorized and elects to create a Countywide agency to supervise the administration of the tourist development plan required by F.S. § 125.0104. The Tourist Council shall have authority throughout the General Services District, under and subject to the Tourist Development Plan adopted by the City Council and approved by the people, as such plan may be amended thereafter by ordinance enacted by an affirmative vote of a majority plus one additional member of the City Council.

(Ord. 78-559-277, § 1; Ord. 83-591-400, § 1; Ord. 97-437-E, § 1; Ord. 2016-599-E, § 3)

Editor's note— The tourist development plan required by F.S. § 125.0104 was approved at the election held October 5, 1978 and became effective January 1, 1979.

Note— Former § 60.101.

Sec. 70.102. - Membership; terms.

(a)

The Tourist Council shall be composed of nine members appointed by the City Council in accordance with the following requirements:

(1)

The City Council President shall be a member ex officio.

(2)

The City Council Vice President shall be a member ex officio.

(3)

One member shall be a current City Council member, with preference given to a past City Council President or a City Council member with an interest and experience in tourism.

(4)

Three members shall be owners or operators of motels, hotels, recreational vehicle parks or other tourist accommodations located in the General Services District and subject to the tourist development tax levied by the City. Such members shall be involved in the tourist industry and have demonstrated an interest in tourist development.

(5)

One member shall have experience and background in the commercial airline industry or the Jacksonville Aviation Authority. Such member shall also be involved in the tourist industry and have demonstrated an interest in tourist development.

(6)

Two members shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, but who are not persons described by subsection (a)(4) of this Section.

(7)

All nine members shall be electors of the General Services District.

(8)

At least two of the nine members shall be residents of the Second, Third, Fourth or Fifth Urban Services District, or owners or operators of tourist accommodations or attractions located within the Second, Third, Fourth or Fifth Urban Services District, or individuals whose involvement in the tourist industry is directly related to activities within the Second, Third, Fourth or Fifth Urban Services District. Such members may be elected municipal officials, if permitted by law.

Members shall serve without compensation, pension or retirement benefits; however members may be compensated for travel expenses as provided in Chapter 106, Part 7, Ordinance Code.

(b)

All members of the Tourist Council shall serve for staggered terms of four years, and may serve two consecutive four-year terms, except that the City Council President, Vice President, and current City Council member shall serve a term of one (1) year. All terms of office shall begin on July 1 and members shall serve until their successors have been appointed.

(Ord. 78-559-277, § 1; Ord. 83-591-400, § 1; Ord. 84-484-245, § 1; Ord. 2016-599-E, § 3; Ord. 2020-356-E, § 1; Ord. 2022-515-E, § 2)

Note— Former § 60.102.

Sec. 70.103. - Organization; Executive Director and other employees; Applicable Laws.

(a)

Officers. The Council President shall be chairman of the Tourist Council. One or more vice-chairmen shall be designated annually by the chairman of the Tourist Council from among its members. The chairman shall preside at all meetings of members of the various committees, task forces, study groups and other advisory bodies established by the Tourist Council. The vice-chairmen shall have such duties as are specified in the rules of the Tourist Council.

(b)

Committees. The Tourist Council may establish such committees from among its membership as it deems necessary to carry out its functions. The Tourist Council may also, from time to time, authorize the establishment of task forces, study groups or other advisory bodies to carry out specialized and detailed projects within the scope of its purposes. A task force, study group or other advisory body may include persons who are not members of the Tourist Council. The task force, study group or other advisory body shall use the services and staff of the Tourist Council (except such services and staff as may be provided voluntarily and without cost to the City by other agencies and organizations). The task force, study group or other advisory body shall report on its progress to the Tourist Council at such times as the Tourist Council shall provide and no report or recommendation, favorable or adverse, may be made by any task force, study group or other advisory body unless the matter is considered by the Tourist Council.

(c)

Meetings; voting; quorum. All meetings shall be open to the public and subject to Florida's open meetings laws. The Tourist Council shall establish rules of procedure necessary to its governing and the conduct of its affairs, consistent with the applicable provisions of the Ordinance Code. All decisions and recommendations of the Tourist Council shall require a concurring vote of a majority of the members present, but in no event less than four (4) concurring votes. Five (5) members physically present shall constitute a quorum.

(d)

Executive Director and other employees. The Tourist Council shall select for employment by the City an Executive Director. The Executive Director, or the Tourist Council in the absence of an Executive Director, shall have the authority to select for employment by the City an Administrator and such other persons as deemed necessary to assist the Tourist Council in performing its functions and duties pursuant to this Chapter, Chapter 666, Ordinance Code, and F.S. § 125.0104, as amended. The Tourist Council shall establish the Executive Director and Administrator's job duties and compensation, in consultation with the Employee Services Department, which compensation shall be paid from lawfully appropriated funds available to the Tourist Council in City Council approved budget. The Executive Director's qualifications shall include without limitation preferred prior experience in the tourism industry, and a candidate shall have obtained a bachelor's degree or higher from an accredited college or university. The Executive Director shall manage the Tourist Council's affairs under this Chapter subject to the Tourist Council's supervision. For employee management purposes (e.g., timesheets and leave approvals), the Council President (i.e., the Tourist Council chairman) shall be the immediate supervisor of the Executive Director. The Executive Director shall be the immediate supervisor of the Administrator and other employees, if any, hired to assist the Tourist Council. The Executive Director, the Administrator and all other employees hired to assist the Tourist Council are hereby classified as persons employed as set forth in Section 17.06(cc) of the City Charter and shall be exempt from the Civil Service System of the City. The Tourist Council shall budget annually and pay for the salaries, benefits, office expenses and other administrative costs associated with the operations of the Tourist Council in accordance with its Council approved budget. All Tourist Council employment matters shall be handled with assistance from the City's Employee Services Department and be consistent with the City's human resource policies and requirements. The Executive Director and Administrator shall serve at the pleasure of the Tourist Council.

(e)

Applicable laws. The Tourist Council shall be subject to the provisions of F.S. Ch. 286, Ch. 112, Part III, and Chapters 50, 58 and 602, Ordinance Code, except as may be otherwise set forth in this Chapter.

(Ord. 78-559-277, § 1; Ord. 83-591-400, § 1; Ord. 85-1557-798, § 1; Ord. 94-900-561, § 1; Ord. 97-792-E, § 1; Ord. 2001-1022-E, § 3; Ord. 2016-599-E, § 3; Ord. 2018-536-E, § 2; Ord. 2019-554-E, § 5)

Note— Former § 60.103.

Sec. 70.104. - Powers and duties.

The Tourist Council shall have the following powers and duties:

(a)

To conduct public hearings to receive information from the public with respect to the effectiveness of the existing tourist development efforts by both public and private agencies, organizations and businesses and the need for additional or different tourist development efforts;

(b)

To recommend a method of coordination of existing tourist development efforts by both public and private agencies, organizations and businesses and of new or additional tourist development efforts to obtain maximum economy, efficiency and effectiveness of the tourist development efforts in and for the General Services District;

(c)

To identify and recommend methods of eliminating unnecessary duplications in existing tourist development efforts by both public and private agencies, organizations and businesses and preventing or minimizing such duplications of new or proposed tourist development efforts;

(d)

To identify and develop new tourist development efforts by both public and private agencies, organizations and businesses;

(e)

To create, prepare and submit to the Council a tourist development plan in the manner prescribed by F.S. § 125.0104, and, from time to time thereafter, make recommendations to the Council for changes to the tourist development plan;

(f)

From time to time, to make recommendations to the Council for the effective operation of the special projects or uses of the tourist development tax revenue provided for in the tourist development plan;

(g)

To review the expenditures of revenues from the Tourist Development Tax Special Revenue Fund and to report unauthorized expenditures to the City Council and the State Department of Revenue as required by F.S. § 125.0104;

(h)

To adopt, amend and repeal rules and to implement the provisions of any ordinance for which it is responsible;

(i)

To submit an annual report to the Mayor and the Council of its activities and of the problems and progress of the tourist development efforts in and for the General Services District;

(j)

To implement and administer the Tourist Development Plan provided in Section 666.108, Ordinance Code, and in accordance with Section 70.105, Ordinance Code;

(k)

To establish grant guidelines consistent with the Tourist Development Plan without further City Council approval, and to award grants pursuant to such Tourist Council approved grant guidelines;

(l)

To recommend activities and projects to the City Council to be funded from the Development Account established pursuant to Sections 111.600 and 666.108, Ordinance Code;

(m)

To authorize during each contract year of a contract term a one-time lump sum advance payment to the City's contracted "County destination marketing organization (DMO)", as defined in F.S. § 288.923, of up to ten percent of each year's contract amount, including any renewal terms, to provide necessary start-up funds for the DMO to commence services under the Plan for the contract year; and

(n)

To develop and implement rules, policies and restrictions regarding the advance payments authorized by the Tourist Council under subsection (m) of this Section.

(Ord. 78-559-277, § 1; Ord. 83-591-400, § 1; Ord. 2016-599-E, § 3; Ord. 2018-472-E, § 2; Ord. 2018-535-E, § 1; Ord. 2020-356-E, § 1)

Note— Former § 60.104.

Sec. 70.105. - Administration of tourist development plan.

The Tourist Council shall be responsible for administration of the Tourist Development Plan prescribed in in Section 666.108, Ordinance Code. Any deviation by the Tourist Council from the services, activities and uses described in the Tourist Development Plan shall require approval by the City Council by way of an amendment to the plan. The Tourist Council shall annually submit a proposed budget to the Mayor, at the time and in the manner specified by the Mayor, and the Mayor shall submit a legislative budget for the Tourist Council as a part of his annual budget proposal. The Tourist Council shall administer the budget approved by the City Council in accordance with the Tourist Development Plan, subject to the provisions of Chapter 106 and Chapter 666, Ordinance Code. The Tourist Council shall have authority to negotiate and award necessary contracts with organizations, firms and persons in order to implement and administer the Tourist Development Plan, subject to the competitive solicitation requirements of Chapter 126, Ordinance Code, unless otherwise exempt under Chapter 126. All contracts negotiated and awarded by the Tourist Council pursuant to Chapter 126 shall be executed by the Mayor and Corporation Secretary and countersigned by the Tourist Council Chairman. Additionally, the Mayor and the Corporation Secretary are authorized to execute all grant contracts awarded by the Tourist Council pursuant to the grant guidelines established by the Tourist Council without further approval by the City Council. Reimbursement and approval of travel expenses for TDC contract providers providing services under the Tourist Development Plan shall be governed by Section 106.717, Ordinance Code.

(Ord. 2016-599-E, § 4; Ord. 2018-472-E, § 2; Ord. 2018-473-E, § 1; Ord. 2020-356-E, § 1)

Sec. 70.106. - Review of expenditures from tourist development tax special revenue fund.

The Tourist Council shall exercise and perform a strict review of expenditures from the Tourist Development Tax Special Revenue Fund as required by F.S. § 125.0104. At least quarterly, and more often if required by the Tourist Council, the City Comptroller, or designee, shall furnish the Tourist Council with a report of expenditures from the fund in such detail as the Tourist Council prescribes. Private groups, organizations, firms and persons entering into contracts with and performing services for the Tourist Council shall also be required to furnish reports on the application of funds disbursed to them from the Tourist Development Tax Special Revenue Fund at least quarterly, and more often if required by the Tourist Council, in such form and detail as the Tourist Council prescribes. The Tourist Council shall report unauthorized expenditures to the City Council and to the State Department of Revenue as required by F.S. § 125.0104.

(Ord. 2016-599-E, § 4)

Sec. 70.107. - Coordination of tourist development efforts; advisory committees.

The Tourist Council shall be responsible for coordination of tourist development efforts throughout the City. To assist it in the fulfillment of this responsibility, the Tourist Council may by rule create one or more advisory committees consisting of representatives of the contract provider(s) of Tourist Development Plan components performed on behalf of the City, the Jacksonville Chamber of Commerce, Inc., the North Florida Hotel & Lodging Association, Inc., or similar organizations, the Jacksonville Aviation Authority, travel agencies, advertisers and promoters of tourism for the Jacksonville area, airlines, railroads, steamship companies and highway carriers and other groups, organizations, businesses and persons who are involved in the tourist industry and have demonstrated an interest in tourist development. An advisory committee may be permanent or ad hoc and its area of responsibility shall be established, expanded, contracted or changed by the Tourist Council as it deems necessary and advisable.

(Ord. 2016-599-E, § 4)

Sec. 62.107. - Board records. Chapter 73 - ENVIRONMENTAL PROTECTION BOARD